McDaniel’s attorney asks for victim’s cell phone records
The attorney for accused wife-stabber Kenneth “Doug” McDaniel III waived a preliminary hearing for his client Monday after an unsuccessful bid to immediately get cell phone records of his alleged victim. Josh McWilliams filed a motion with District Judge Sarah Hays requesting that she order Sprint to turn over cell phone records for Katy McDaniel. He said a letter from Sprint to him showed that the company only keeps such records for 90 days, and that he was concerned about losing information that could be critical to McDaniel’s case. McWilliams said while it was atypical to file for such a motion at this stage of the proceedings, state and federal Constitutions rank a person’s right to a proper defense higher than case law. He then said that McDaniel’s defense would include evidence that he believed Katy was having an affair, which was noted in the last line of the criminal complaint (and which the Sun had chosen not to report thus far). “ … We don’t know if police have (Katy’s) cell phone. Let’s assume that they do. We don’t know what’s on there; we don’t know what’s been deleted …” McWilliams said. County Attorney Alan George countered, “There is no set of circumstances under which the defendant’s self-imposed belief that there may have been an affair is a defense to stabbing his wife 26 times …” George said Circuit Court, not District Court, was the appropriate venue for such a request. McWilliams reiterated that Constitutional protections outweigh state procedural rules and said the cell phone records could help his client with two potential defenses – extreme emotional disturbance and state of mind. After McWilliams spoke three times and George countered twice, Hays denied McWilliams’ motion, saying a preliminary hearing was not the proper forum for such a request. McWilliams then waived the hearing, which would have included testimony from investigators about Katy’s wounds and McDaniel’s alleged flight to Southern Indiana, where he was arrested the afternoon of the Oct. 6 incident. The case now goes to the grand jury, which has 60 days to consider whether to indict McDaniel, and which could increase the charge from first-degree assault to attempted murder, according to George. McDaniel is being held in the Woodford County Detention Center on $250,000 full cash bond. A close family member said Tuesday morning that Katy McDaniel is still hospitalized, but her condition continues to improve.