After a second attempt to continue his case was denied Friday, defense attorneys for Limestone Sheriff Mike Blakely announced he was in the hospital and being tested for coronavirus, records show.

Documents filed Friday afternoon in Limestone County Circuit Court show Blakely’s team initially tried to have his trial delayed because his lead attorney was not healthy enough for trial. The motion said attempts to find new lead counsel were unsuccessful.

Defense attorneys included affidavits from four other attorneys who each said they would need a month or more to prepare before they would feel comfortable representing Blakely in a jury trial. Judge Pride Tompkins denied the motion.

Less than two hours later, a new motion to continue was filed — this time saying the sheriff had been admitted to Athens-Limestone Hospital with a “serious respiratory condition.” Documents say the sheriff “is diagnosed with acute respiratory failure and asthma” and “is currently being tested for Corona Virus (COVID-19).”

A letter signed by an attending physician said Blakely is expected to remain hospitalized for two to three days and “will need to rest after discharge.” In response to this motion, Tompkins called for the physician and all attorneys in the case to make themselves available for a hearing 10 a.m. Saturday at the Limestone County Courthouse.

Jury selection in Blakely’s trial is set to begin Monday.

Charges dismissed

Two counts in Blakely’s 13-count indictment were dismissed this week, records show. They were part of a group of five theft or ethics charges stemming from him taking money from Limestone County funds, including from the pistol permit fund.

Along with a motion to dismiss those counts, state prosecutors filed a motion in limine that would prevent anyone from “asking certain questions, giving certain answers, or in any manner directly or indirectly referring to or alluding to any otherwise inadmissible fact, matter, or circumstance during the course of trial” about the dismissal.

“Allowing the Defendant to insinuate that he is not guilty of pending charges because the State did not ultimately prosecute him on other charges is functionally no different than a Defendant arguing that he is not guilty of anything because the State did not charge him with other crimes that are unrelated to this case,” the motion reads. “In other words, a defendant charged with robbery cannot defend himself by arguing that the State did not charge him with murder, nor can a defendant charged with burglary defend himself by arguing that the State did not charge him with kidnapping.”

Tompkins granted the motion, which included an agreement that state prosecutors would also not discuss the dismissed counts in presenting their case against Blakely.

The News Courier will have more information on this story as it becomes available.