Nunn waives preliminary hearing

State News

September 29, 2009

By Ronnie Ellis

Steve Nunn, accused of the murder of his former fiancé Amanda Ross, will waive his right to a preliminary hearing in Fayette District Court on Friday.

Nunn, 56, was found with his wrists cut in the Hart County cemetery where his parents are buried just hours after police found Ross, 29, outside her Lexington townhouse. She died a short time later at the University of Kentucky Hospital. In March, a judge placed Nunn under a domestic violence order after Ross accused him of hitting her in the face during an altercation in February in her home.

After Nunn was apprehended on Sept. 11, he was treated for his injuries in the Bowling Green Medical Center and then transferred to the Hart County Jail where he was charged with wanton endangerment for brandishing a gun at the time of his arrest. He was later charged with Ross’ death and transferred to Lexington where he was arraigned last Friday in Fayette District Court.

Because Ross had sought protection from Nunn under the DVO, he could face the death penalty if convicted.

Judge Joseph Bouvier scheduled a preliminary hearing — to determine if probable cause exists to send the case to the grand jury — for Friday at 8:30 a.m.

But Brian Mattone, first deputy county attorney for Fayette County, said Thursday he reached an agreement Wednesday evening with Nunn’s attorney, Astrida Lemkins, for Nunn to waive the hearing.

Nunn will still appear Friday morning by video from the jail, but the agreement means the case will now go to the grand jury without the Fayette county attorney having to produce witnesses and evidence to support its case for probable cause.

"Mr. Nunn has agreed to waive his right to a preliminary hearing and agreed that the commonwealth is not required to have witnesses present or present evidence Friday," Mattone said.

Nunn remains in the Fayette County Jail without bond.

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com.