(LEX 18) — The attorney for Brian Epperson, a man facing charges in connection to the overdose deaths of two Kentucky women, filed a motion on Monday to continue his trial 90 days. Court documents also reveal that a plea agreement may be in the works.
The trial against Epperson was originally set to begin on February 2.
According to the motion, both Epperson and counsel will need time to fully review the significant amount of evidence, including "quite a few audio/video discovery items as well as Cellbrite," before making any decisions.
"With the amount of discovery to review especially with medical information, it would be a miscarriage of justice for such a continuance not to be granted as Mr. Epperson's understanding is vital to justice being served," the motion writes.
Epperson's attorney argues that additionally, as discussions have begun and a preliminary plea agreement has been requested, multiple witnesses including at least one in another state will need to be located.
Testing on some evidence is also required considering the complexity of the case and "medical and forensic data contained in the discovery," the motion states.
"As such, it appears that under 18 U.S.C. §3161(h)(7)(A)-(B), the ends of justice and the best interest of the public would be served by a continuance in this matter. Further, it is possible, once everything has been reviewed, that the parties may be able to resolve the matter without the need for trial," Epperson's attorney continues. "If that does occur, counsel does not want her client, per the pretrial order, to lose any possible deductions for acceptance of responsibility."
Epperson plead not guilty to federal charges of distributing methamphetamine that led to the deaths of Reacheal Dawson of Clark County and Kristen Morris of Powell County.
Hilory Davis, a third woman connected to Epperson, was found dead in a Super 8 hotel in Lexington from an apparent overdose. Epperson has not been charged in connection to that case.
