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Carey Shane Padgett
Thursday, September 26, 2013
Roanoke County prosecutors Wednesday stomached a potential setback in a capital murder case set to begin next week.
After listening to arguments at a motions hearing, Judge James Swanson concluded that the commonwealth attorney’s office failed to provide proper notice, and in a timely manner, of prosecutors’ intention to call several experts to the stand during the trial scheduled to begin next week. The decision could block as many as three experts from testifying.
Carey Padgett, who appeared in court wearing an orange jumpsuit, was arrested in July 2010 after he told police he smoked marijuana with 18-year-old Cara Marie Holley in a Roanoke County field, then beat her with a tire iron and buried her body in Franklin County, according to a warrant.
Defense attorney Steve Milani on Wednesday said he hadn’t received sufficient notice from the commonwealth attorney’s office regarding expert witnesses.
“Even at this late of date, the commonwealth have not complied with statute,” Milani said, citing a 60-day notice requirement.
Roanoke County Commonwealth’s Attorney Randy Leach admitted to the omission, all while insisting that his office has been transparent with the defense.
Padgett faces charges of capital murder, rape, robbery, forcible sodomy and abduction. His case, an 18-day jury trial, is set to begin Oct. 2.
Weather JournalMidday update: More ice likely later