Richard Shahan trial pushed back to 2017

BIRMINGHAM, AL (WBRC) - The trial for a former Homewood pastor accused of his wife's murder has been pushed back. Richard Shahan's trial is now set for January 9, 2017.

Judge Laura Petro issued the order Friday, but did not say why she was delaying the trial.

Shahan's original trial was set for April 18, 2016.

Shahan has pleaded not guilty in the murder of his wife, Karen Shahan, who was found dead in their Homewood house on July 23, 2013.

Shahan's attorneys filed several motions on Monday, Aug. 17 asking for access to the crime scene, the potential jurors' criminal history, information on the State's experts and their data.

In one of their motions, Shahans lawyers ask for "the Defendant, the Defendant's attorneys and/or his agents to view, inspect and photograph the scene of the incident," in Shahan's former home, which is owned by the First Baptist Church of Birmingham, located on Lakeshore Drive in Homewood.

The lawyers say "the presence of Mr. Shahan with counsel as the time of the viewing is absolutely necessary to assist counsel in preparing the defense."

Shahan's lawyers are requesting a pretrial camera inspection and hearing about any PowerPoint or visual presentation the State plans to show. They say at this time the defense has not seen or been provided with a copy of the presentation, or know what it contains.

The attorneys say they want to see the PowerPoint or similar presentation "to determine whether such presentation contains any unfairly prejudicial, inflammatory, and/or otherwise inadmissible evidence or argument that if shown would infringe on the Defendant's constitutional rights including but not limited to the right to due process and a fair trial."

They are also asking the State to "disclose to the defense the underlying facts and data relating to all the opinions to be given by any experts the State intends to call at trial of this cause."

Shahan's attorneys say they expect the State to call either forensic analysts or law enforcement officers to testify about "DNA testing, blood related evidence" or to serve as expert witnesses.

The defense says they are still waiting on the State to tell them who the experts are and what their areas of expertise are in.

Shahan's lawyers are also asking for a transcription of all of the grand jury witness testimony "to determine if it is inconsistent and/or contains exculpatory material."

Karen Shahan's body was found in the home where she and Richard Shahan lived on Hugh Circle. The house was owned by First Baptist Church of Birmingham, where Richard Shahan worked as the children and families' pastor and Karen sang in the choir.

Police did a welfare check at the home after Karen's co-workers at Hobby Lobby were concerned when she didn't show up for work.

Homewood police said when officers went inside the home, they found Karen dead on the couch. Police said Rev. Shahan was out of town when his wife's body was discovered around 11:15 a.m. July 23, 2013.

Shortly after his wife's death, Richard Shahan was questioned by Homewood police and released. He said he was visiting his son in Kentucky at the time of his wife's murder.

The church where he worked placed him on administrative leave after his wife's death, and he formally resigned from his position on Dec. 31, 2013, the day before he was arrested.

On Jan. 1, 2014, Homeland Security agents arrested Shahan at the Nashville International Airport and charged with his wife's murder. He had booked a flight from Nashville to Frankfurt, Germany, but the computer system flagged him and he was arrested.

Homewood police said they believe Shahan was attempting to flee the country to Russia via Germany.

Prosecutors allege that Shahan killed his wife so he could flee the country to start a new life with his boyfriend.

Prosecutors said they've obtained 3,000 of Shahan's emails, including messages that indicate Shahan planned to go to Russia and eventually become a citizen in the U.K.

The warrant filed for Shahan's arrest accused him of "stabbing and cutting the victim with an unknown object" on or about July 22, 2013, the day before Karen Shahan's body was found.

Shahan's attorneys say he was leaving the country for a three year mission trip when he was arrested at at the Nashville airport. He was carrying $27,000 in various currencies, including Euros, pounds and Kazakh money at the time of his arrest.

In May, Shahan's attorneys asked the prosecution to be more specific, asking if they were alleging that Shahan killed his wife, or that someone else did it, but he knew about it.

The prosecution filed a response to their request and included several emails from Shahan to other men identified as "paramour #1" and "paramour #2". Some of the emails include sexual, graphic content not suitable for everyone to read. The public documents are available online here.

In May, Shahan's attorney John Lentine said the emails do not matter because they are not relevant to this case.

"This case is going to be tried on fact on proof. Not on some sexual orientation, not on whether or not there was fidelity or infidelity in the marriage. This case is tried on fact and that's what lawyers and people are supposed to do," Lentine said.

The defense is arguing that someone broke into the Shahans' home and killed Karen.

A document filed by the state saying she was discovered sitting in a chair in front of the TV an appeared to have been eating when she was attacked. It said she had multiple stab wounds and also minor defense wounds.

Defense attorneys claim there is other evidence the state hasn't responded to, including a foot print found on a broken door in the home, semen found on Karen Shahan's body and also records of other recent break-ins in the Shahan's neighborhood.

Richard Shahan was released on a $100,000 bond in January 2014 and is under house arrest at his mother's home in Homewood. He is also required to wear an electronic monitoring device.

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