Prosecutors plan to retry Lexington woman charged with murdering husband after mistrial
Prosecutors plan to retry a 74-year-old Lexington woman accused of murdering her husband after a jury came back hung the first time she was tried, according to the Fayette Commonwealth Attorney’s Office.
Hignite was charged with murder, knowingly abusing or neglecting an elderly person and arson after her husband, 76-year-old Leon Dewayne Hignite, was found near death in their Holly Springs Drive home several years ago. The Fayette Commonwealth Attorney’s Office confirmed Monday it plans to try Hignite again on all charges.
Hignite’s case garnered national attention, as Court TV began broadcasting the trial Monday.
Her four-day trial began the week before Christmas. Prosecutors Kathryn Webster and Mary Tobin argued Carol Hignite attacked her husband with a hammer and left him lying on the floor for days. They also alleged that Hignite set fire to her home in an effort to destroy evidence.
Carol Hignite’s defense team, featuring attorneys Russell Baldani and Tucker Richardson, said Leon Hignite suffered fatal injuries after an accidental fall in the bathroom. The defense team alleged the fire was accidental.
Prosecutor: Most jurors were in agreement on murder charge
Commonwealth’s Attorney Kimberly Baird told the Herald-Leader that all but one juror came back with a unanimous decision on the murder charge. She said mistrial declaration was “frustrating” for all parties, but could understand how hard it is for 12 strangers to make such a serious decision.
“We certainly understand how difficult it is to get 12 jurors on the same page on such a serious matter,” Baird said. “You have people who interpret the facts differently and sometimes they are not in the position to articulate to others why they are of that position.”
Defense attorney: ‘Substantial reasonable doubt’ on some charges
Carol Hignite’s defense attorney, Russell Baldani, said they were disappointed the jury came back hung.
“We thought there was substantial reasonable doubt when it came to both the arson and the homicide charge,” Baldani said.
Baldani said the jury was prepared to find Carol Hignite not guilty of the arson charge. He also said the jury was prepared to find her guilty of knowingly abusing an elderly person.
“They unanimously agreed that arson had not been proven, and obviously we felt like there was not enough evidence for the murder charge,” he said. “They came to an agreement on the other two counts. And we didn’t challenge the elder abuse count — we came close to conceding that — but we obviously attacked the arson and the jury agreed with us.”
At the time of the incident, Carol Hignite told investigators that her husband fell the night of Sept. 25, 2017, but that he had fallen before and recovered, according to court records. Carol Hignite said her husband hit his head on the bathroom sink when he tried to get up from the fall, causing additional injuries. She told investigators she was unable to get in the bathroom because it was locked.
Carol Hignite’s case is scheduled for a status hearing on Jan. 27 in front of newly elected Fayette Circuit Court Judge Diane Minnifield. Judge Jeffrey Taylor presided over the trial, but Minnifield was selected to the bench in November’s general election.
