Fayette County prosecutors tried unsuccessfully Friday to block defense attorneys' access to their correspondence with the state crime lab over the 2013 shooting death of a gas station clerk.
Circuit Court Judge Ernesto Scorsone refused the request, saying that all emails pertaining to the case should be accessible by the defense and the prosecution.
Travis Bredhold could be sentenced to death if convicted in the December 2013 robbery and killing of Marathon station clerk Mukeshbhai Patel, 51.
Assistant prosecutor Lou Anna Red Corn argued that the crime lab emails should remain private because they didn't contain reports or facts. Some emails, she said, could contain opinions or theories about the case.
Red Corn said there were no emails in this instance that could be harmful to the prosecution's case or helpful to the case of the defense. She said she worried that the ruling would set a precedent for future cases.
Defense attorneys for Bredhold said they had been able to obtain prosecution emails to the crime lab in the past and that they expected that their own emails to the lab also would be accessible to the prosecution.
Bredhold is accused of robbing the Marathon station at 1758 Alexandria Drive and shooting Patel in the chest. Patel was pronounced dead at University of Kentucky Chandler Hospital after a customer found him in the store.
Bredhold was arrested the same day. Police said he had a loaded .380-caliber handgun, almost $570 in cash, two marijuana cigarettes and various items of drug paraphernalia.