ALLEN COUNTY, Ky. (WTVF) — Questions of competency have been raised in the case of an accused child killer just weeks before he's set to stand trial.
Police say Timothy Madden raped and murdered 7-year-old Gabbi Doolin. The 7-year-old disappeared during a football game at Scottsville High School in Kentucky.
She was found 30 minutes later raped and murdered in a nearby creek. Police arrested Timothy Madden who says he didn't do it.
"If they find the right person, I will come out and will sue everybody who slandered my name and put me where I am today," said Madden after his arrest in 2015.
Does that sound like a man who is crazy? A judge ordered Madden to undergo a mental evaluation this month. Those findings are sealed, but could raise questions about his competency before trial.
"If he is seeking to use the insanity defense, then he must put the state on notice," said legal analyst Nick Leonardo.
So far, that has not happened. And Madden's defense attorney has not tipped his hand.
The defense asked for re-testing of all the DNA evidence, which police says, links Madden to the crime.
It's expected that the key to winning at trial will be which expert for the defense or prosecution does a better job of arguing the merits of the DNA.
"We see lots of experts coming to court on a regular basis to refute that there is a match or a contamination of the sample or that maybe the sample is consistent with another individual who is not on trial," said Leonardo, who added that's exactly what will happen at the Madden trial.
Despite what some may think, this case is not a slam dunk for the prosecution.
Sources told NewsChannel 5 the DNA evidence is not definitive. If that's true, and there is no other physical evidence or eyewitnesses, it may prove difficult to convict Madden.
The Gabby Doolin trial is set to begin September 4 in Hardin County, Kentucky. Jury selection in the death penalty case is expected to take up to two weeks.