Motion to exclude photo from Jefferson trial at stand still

With 10 days before trial, attorneys are reviewing details of the case involving a local orthopedic surgeon. They were back in McCracken County court on Tuesday for a second pretrial hearing.

Dr. Ted Jefferson is accused of making gun-related remarks at Baptist Health Paducah on Jan. 26. He pleaded not guilty to charges of disorderly conduct and terroristic threatening.

In April, McCracken County Assistant Attorney Jamey Mills, representing the commonwealth, filed multiple motions, including one to exclude a certain photo. Defense Attorney Bard Brian says the photo shows a corrupt medical tray that was going to be used in surgery. The judge reserved ruling on the motion, saying the defense can use the photo if it’s properly introduced to the court. That means a witness will have to testify that the photo is what Brian says it is.

Another motion filed by Mills was a motion to exclude evidence prior to the incident on Jan. 26. The judge denied that request. The ruling could allow the defense to enter in a new piece of evidence, a slideshow with 20 photos taken four years ago. Mills told the court the presentation was created by Baptist Health Paducah. Brian says it shows the hospital’s history of problems with the decontamination and sterilization department. The author of the slideshow talks about their concern for staff safety and sterilization guidelines.

The slideshow was submitted to the court last week. Since then, we’ve been asking these questions to Baptist Health Paducah:

1.) Who is the author of the slide show? 

2.) Is this from four years ago? 

3.) Who was this slideshow presented to? 

4.) Why was this slideshow training needed? 

5.) What was done to improve the problem noted in the slideshow? 

6.) How are you measuring that improvement?

Baptist Health Paducah sent us this statement on Tuesday:

"Out of respect to the legal process, it is inappropriate for us to respond to filings intended for the courtroom in the criminal trial against Ted Jefferson"

The judge granted a motion, filed by Mills, to have any evidence that happened after Jan. 26 excluded from trial.

Brian filed a motion before Tuesday’s hearing, asking the court to dismiss the terrorist threatening charge. The request was denied, but the judge granted a motion that would allow the defense to view the scene where the incident allegedly took place.

Pretrial hearing continues on May 10, followed by trial on May 13.

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