A motion was granted Monday to push back the trial date for the murder case against Robert K. Garner, the Owensboro man charged with the death of Cody Glover in 2017. The trial was supposed to begin Aug. 15 but was postponed to Oct. 17. A motion asking for a change of venue for the trial was denied Monday.
Garner, now 22 years old, was 18 when he was charged with murder and driving under the influence following a single-vehicle accident that caused the death of his passenger Cody Glover the morning of Sept. 3, 2017.
A $100,000 cash bond was set in November 2017, and Garner was released from jail in December 2017 when bail was posted.
A trial began Feb. 7, 2022, but potential jury tampering led to the mistrial that was declared the following day. The new trial date of Aug. 15 was set in early March.
Both motions, filed by Garner’s attorneys Rob Eggert and Steven R. Romines, were heard by Circuit Judge Jay Wethington Monday.
The defense said they are seeking medical records on Glover since an autopsy was not performed at the time of the incident. The defense is also adding a medical forensic expert to the witness list as a result.
“[We need it] for purposes of showing why the defendant was the person driving,” Eggert argued in court.
Wethington approved delaying the trial by 2 months to allow for those records.
The defense also argued that Garner could not receive a fair trial in Daviess County. In their motion, they cited that “this case was covered extensively by the press” and that the coverage “contains highly prejudicial allegations.” They also said the potential jury tampering caused an “additional flare-up” in the press.
In presenting their arguments Monday the defense called Rebecca Garner to the stand, where she testified to receiving numerous threats toward her son, also claiming that she saw members of the community spread misinformation about the case and other things.
Wethington ultimately denied the request for a change of venue, but ruled Rebecca Garner’s testimony not be struck from the record.
