Judge grants second delay in Flynn trial

Caleb Flynn, 39, was scheduled to go to trial beginning Monday, May 4, in Miami County Common Pleas Court, but Judge Jeannine Pratt, on Tuesday, April 28, granted a request from Flynn’s defense team to delay the trial after hiring an expert. A court hearing to reschedule the trial was held on Wednesday, April 29.

Flynn is charged with aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence, and two misdemeanor counts of intimidation of an attorney, victim, or witness in a criminal case.

His wife, 37-year-old Ashley Flynn, was shot twice early Monday, February 16, at the couple’s Cunningham Court home, police said. The homicide initially was reported by Caleb Flynn as a home invasion and shooting, according to 911 records.

Flynn is represented by attorneys L. Patrick Mulligan and Emily Smith of Moermond & Mulligan, who filed a motion Friday, April 24, seeking a three-week delay to the start of the trial.

“As this court is aware, the state has continued to provide voluminous discovery, some of which is actually relevant,” the motion states.

The defense team hired an expert to evaluate a portion of the discovery provided by the Miami County Prosecutor’s Office. The continuation is to comply with a rule requiring a 21-day notice for an expert report prior to trial. The delay is the second in the case.

Judge Pratt on Tuesday, April 14, approved the prosecution’s request to delay the start of the trial by four days after receiving a report from an expert in order to comply with the same 21-day notice.

Flynn’s defense team objected to the first delay, arguing that the prosecution selected the dates Flynn was arrested and indicted, which started the clock on his speedy trial rights, which he has not waived.

Flynn’s speedy trial timeline would not expire until early July, Judge Pratt said during the Tuesday, April 14, hearing.

The judge is also weighing a motion filed on Friday, April 17, by the prosecutor’s office regarding a child witness's rights when testifying. The defense has stipulated that there will potentially be two children who will testify at Flynn’s trial.

The motion filed by Prosecutor Paul Watkins spelled out the statute on the rights the children should have enforced to make sure they are comfortable and protected from harm. However, Flynn’s attorneys oppose the motion, arguing it does not state which precautions are appropriate. “There’s been no showing whatsoever that these particular children are unable to testify. There should be no case-specific findings that any preventative or precautionary measures are necessary,” Mulligan said during a Thursday, April 23, hearing.

Caleb and Ashley Flynn were parents to two elementary-age daughters, who are now in the care of relatives.

Caleb Flynn is a former worship pastor, and Ashley Flynn was a middle school volleyball coach and educator.

Flynn remains held on $3.5 million bail in the Miami County Jail, where he has been incarcerated since his Thursday, Feb. 19, arrest.