Marty Lee Roe, the man accused of killing Lexington dermatologist Dr. Martha Post, has yet another new trial date.
It's the third rescheduled date this year, who is accused of killing Post in the fall of 2011.
On Wednesday, Fayette Circuit Judge James Ishmael Jr. moved up the date by scheduling the trial for Aug. 5 to 15. The previous scheduled trial date was Nov. 4, 2013, after a Jan. 22 date was postponed one week and then a Jan. 28 start was canceled.
Prosecutors had sought a trial earlier than November, and the defense agreed. Ishmael said he hoped the August date "is for real this time, so I won't have to eat my words."
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The new date was set during a hearing for which Roe himself had filed several handwritten motions on yellow legal tablet paper. Ishmael denied them all.
In one, Roe asked for a reduction in his $79,000 full cash bond. Roe argued in the motion that he should be released on his own recognizance or "under imposition of nonfinancial conditions." In court, Roe said he had a $14,000 bond in Ohio, the state from which he was extradited to Kentucky.
Ishmael rejected that notion.
"The fact that you had to be extradited from Ohio indicates you are a flight risk," Ishmael told Roe.
Roe had also written in a letter that he should be released because he is the only person who can find witnesses who could help his case.
"I belive (sic) one or more people are trying to frame me for the crime of Dr. Post," Roe wrote.
"I belive (sic) there is a conspiracy against me for reason (sic) I don't know," Roe wrote. "The detectives are not looking for anyone else for the crime of Dr. Post. Your honor, if I can get out on a lower bond, I belive (sic) I can prove I did not commit the murder of Dr. Post.
"Nobody knows what these people looks (sic) like but me. These people I am talking about are dangerous people," Roe wrote in the letter included in the court file.
Roe closed the letter by writing, "This is the truth as I know it."
"He truly believes we would not be able to locate these people," public defender Shannon Brooks-English told the judge in court.
Ishmael advised Roe to speak candidly with his attorneys, because "they are very diligent on behalf of their clients."
A motion to dismiss the indictment questioned the quality and authenticity of the evidence that will be brought to trial against him. Roe's motion said the evidence "is based on hearsay, opinions and false statements."
In overruling that motion, Ishmael said it will be his job to determine the admissibility of evidence at trial.
Finally, returning to the bond again, Roe asked Ishmael what conditions would be set if he could post bond and be released.
A hearing would have to be held before Roe could be released, Ishmael said. If a bond could be posted, Ishmael said, he would require Roe to be free of any violations of the law, to avoid alcohol and drugs, to submit to electronic monitoring, and to get a job.
Roe then said that he is 66 years old (he turns 67 on March 29) and receiving Social Security payments.
"I'm not too sympathetic, Mr. Roe," Ishmael said.
"No, I noticed that," Roe said.
Brooks-English could not say after the hearing how realistic it is for Roe to post bond.
Post, 55, was shot on Sept. 1, 2011, as she backed her van out of the parking lot at her medical office. The van then rolled into a car on Huguenard Drive.
After the shooting, Lexington police focused on Roe, a transient whom Post and her husband, Dr. Robert Truitt, had once befriended and invited to their home for Thanksgiving and Christmas. Truitt said Roe had been stalking his wife.
Post complained to Lexington police in June 2010 that she had received numerous unwanted telephone calls from Roe, who had done renovation work in the building where she and her husband had offices. According to police records, Post said Roe wanted her to leave her husband and be with him.