Attorney for Lockhart asks for access to evidence in Burk case

A defense attorney for Courtney L. Lockhart, the Smiths Station man charged with the March 4, 2008 murder of an Auburn University student, asked a judge Wednesday for his client to have access to some of the case’s evidence.

Lockhart, 24, is charged with capital murder during a robbery, capital murder during an attempted rape and capital murder during a kidnapping, all in connection with the shooting death of AU freshman Lauren Burk.

Defense attorney Jeremy Armstrong said Lockhart should have the ability to review evidence so that he will be able to spot inconsistencies and aid in his defense.

Lee County Circuit Judge Jacob A. Walker III agreed, with a few exceptions. Lockhart would be able to see documents such as police and witness reports but not autopsy photos.

Because Lockhart is held in a wing of the Lee County Detention Facility with other prisoners, identity theft could be a problem because of the personal information included in the files, Lee County District Attorney Nick Abbett said.

He suggested keeping the documents in the custody of the Lee County Sheriff’s Office. Abbett also said he didn’t want materials distributed, as it would violate a gag order Walker has issued in the case. Walker agreed and said Lockhart could view the contents at an appointed time.

The request was one of more than 20 motions the defense made Wednesday.

Walker granted a defense request to prohibit the use of DNA evidence taken in unrelated Russell County cases against Lockhart from being used in the Lee County case.

Armstrong also asked if Lockhart is convicted that the judge not be allowed to overturn a jury’s sentence, whether that’s life in prison or the death penalty. Walker denied the motion.

Motions to suppress evidence and change the trial’s location will be heard Aug. 24.

Lockhart’s trial is set for March 29, 2010. According to state law, there is no bond in capital murder cases.