Defense attorneys in the trial of Limestone County Sheriff Mike Blakely were denied a 30-day delay Monday after one of the attorneys said he was too sick to appear in court and his co-counsel was too inexperienced to continue in his place.

State attorneys and Judge Pride Tompkins questioned why defense attorney Robert Tuten waited until the morning of a hearing on other motions to call in sick. Tuten was called from a phone in the courtroom. While on speakerphone, he explained there were unforeseen complications from a recent medical procedure that kept him from appearing in court that day and would prevent him from hearings in the near future.

He said he skipped his pain medication to participate in the call, but said the medication prevented him from driving or staying awake while also causing a litany of other side effects, including hallucinations. When warned by state attorneys that news media were present and could hear his conversation, Tuten said “it is what it is, I guess” and continued describing in detail his condition and medical management process.

“If it prevents me from driving a car, I certainly shouldn’t be trying a case as complex as this,” Tuten said.

However, he said, defense attorney Marcus Helstowski, who was in the courtroom Monday, did not have the experience to handle Blakely’s case in his absence. Tuten said Helstowski was an excellent researcher and good motion-writer, but Tuten believed his own years spent representing law enforcement officials meant Blakely could not effectively be represented by Helstowski alone.

He said not allowing a 30-day delay would be cruel, unjust and unconstitutional.

State prosecutor Clark Morris said she was sympathetic but argued the court previously warned Blakely his attorney’s health problems would not be grounds for continuance. She also wondered aloud if a delay granted Monday wouldn’t open the door for another delay for medical reasons next month.

Tompkins ordered the prosecution and defense to discuss the matter in a private location outside the courtroom. Tompkins later issued a written ruling denying the request for a delay.

The trial is set to begin with jury selection March 9. At least 500 summonses have been sent out. The jury will be struck at an Athens City Schools facility due to limited capacity in the Limestone County Courthouse.

Other motions

Tompkins also ruled on several motions filed by the prosecution and defense. Tompkins granted three motions in limine, excluding improper and irrelevant evidence of health, sentencing or specific good acts by Blakely from being introduced by the defense.

He also ruled to take two motions in limine “under advisement” and rule on any objections as they are voiced during trial. The first motion in limine, filed by the state, requested improper and irrelevant evidence involving the Limestone County Sheriff’s Office be excluded. The second, filed by the defense, requested an exclusion of “any evidence of (Blakely’s) gambling and drinking practices.”

The road so far

A Limestone County grand jury returned a 13-count indictment against Blakely on Aug. 21, 2019. Twelve counts are felonies; one is a misdemeanor. The first four counts charge Blakely with four separate thefts from his campaign account, totaling $11,000. Counts 5-10 charge him with theft or ethics charges stemming from him taking money from Limestone County funds, including from the pistol permit fund.

Counts 12 and 13 charge the sheriff with using his official position or office to acquire interest-free loans. Specifically, Count 12 charges Blakely with using his official position or office to obtain interest-free loans in the form of a $50,000 cashier’s check, a $22,189.68 credit, or both.

Count 13 charges Blakely with using his official position or office to obtain interest-free loans by taking money from a safe that was used to store the personal funds of inmates at the Limestone County Jail.

Tuten previously told The News Courier the theft allegations are not true.

“There’s no money missing, and all the audits came up exactly as they should have,” he told The News Courier in August 2019.

The charges against Blakely stem from an investigation conducted by the attorney general’s office and the FBI.