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COLUMBUS, GA (WTVM) - The defense attorney for Michael Curry asked a judge to dismiss the murder indictments for lack of a speedy trial. In addition, the defense attorney sought copies of a mental patient's records given to Columbus Police in 1986.
Curry is accused of killing his pregnant wife and two children with a bush ax in 1985.
One of the motions filed by Robert Watkins, Curry's defense attorney, asks Superior Court Judge Allen to set a compliance deadline, which would require prosecutors to turn over all evidence to the defense.
The motion details information about a mental health patient who escaped from West Central Georgia Hospital the day before Curry's family was slain.
Also, Watkins outlines the fact that although Curry was questioned following his family's murders, he was not charged with them until May 20, 2009.
Watkins contests that Curry's constitutional right to a speedy trial and due process of law was violated since witnesses in the case have died.