The Kentucky Supreme Court heard oral arguments in the Kevin Wayne Dunlap case this morning in Frankfort, where attorneys for the man accused of murdering three children and attempting to kill their mother four years ago in Trigg County said he was incompetent to make his guilty plea when he did.
The Justices seemed to have a hard time accepting the defense argument that an unusual brain shape could have hindered his decision-making abilities when he committed the crime and when he made the plea.
Justice Mary Noble pointed out that Dunlap had just as much brain as he ever did when he made his plea and when he killed Kayla Williams, Kortney Frensley and Ethan Frensley and attempted to kill Kristy Frensley before setting their Roaring Springs home on fire.
Justice Wil Schroeder took issue with the assertion that anyone who would plead guilty must have a mental deficiency, with Ms. Noble saying that was not the defense argument.
Dunlap’s defense has argued he doesn’t have a frontal lobe to his brain the way a normal person does, which could hinder his ability to make correct decisions. They also argued with the jury selection process in the sentencing case, saying jurors were allowed to remain in the pool who should have been struck.
The court will issue their ruling at a later time and Justice Bill Cunningham recused himself from the case.