Flynn trial date moved to May

No plea deal has been offered in the case of Caleb Flynn, a Tipp City man accused of killing his wife in their home in February. 

During the final pretrial hearing on Thursday, April 16, Miami County Court of Common Pleas Judge Jeanine Pratt asked the defense if there had been any work toward a plea deal in the case. 

In March, Flynn was indicted on multiple counts related to the killing of Ashley Flynn, his wife. She was found dead in the couple’s Tipp City home on Feb. 16:

• One count of aggravated murder

• Three counts of murder

• Two counts of felonious assault

• Three counts of tampering with evidence 

• Two counts of intimidating a witness, victim or attorney

“We haven’t asked for an offer, your honor,” attorney Patrick Mulligan said. 

Prosecutor Paul Watkins responded, “Our offer is to plead guilty as charged.” 

Pratt asked prosecutors if the state had made headway on responses to several warrants filed to companies asking for information related to the case. The warrants were made to phone and tech companies, asking for call and social media information. Prosecutors filed motions to show cause on April 14, stating multiple companies had failed to respond. 

“We have received responses from six, Your Honor,” Watkins said. “We are waiting for responses from two.”

Prosecution requests a delay in trial

Pratt granted prosecutors a four-day delay on April 13 after the state filed a motion for continuance on April 13. Prosecutors said in the motion it was asking for the delay in order to comply with state law requiring disclosure of expert witness testimony at least 21 days before trial. Prosecutors said they received the expert witness report on April 11. 

“The purpose (of the law) is to avoid unfair surprise by providing notice to the defense and allowing the defense an opportunity to challenge the expert’s findings,” Flynn’s attorneys said in a motion opposing the delay. “The State has indicated their readiness to proceed with trial on the record and several times in chambers, yet has requested a continuance of the trial date along with eight motions in show cause…The defendant should not be penalized by any further delay now, or later, should the state’s eight motions in show cause introduce additional expert reports or evidence.” 

The court ruled in the state’s favor, stating this was the first instance of the prosecution asking for a continuance. 

Pratt announced the trial would begin on May 4 at 9 a.m. at the Miami County Court of Common Pleas. A status conference and hearing on motions is scheduled for April 23 at 1:15 p.m.