GLASGOW — A Barren County mother and daughter charged with murder returned to court Thursday for a hearing on a motion to dismiss the criminal case against them.

Donna Cheryl Logsdon, 72, and Cheryl Leighanne Bennett, 47, are charged in connection with the death of Bennett’s father, Michael Logsdon, who was married to Donna Logsdon for 53 years.

Michael Logsdon, 75, died in his Glasgow home July 9, 2022, following a recent diagnosis of amyotrophic lateral sclerosis, a terminal degenerative nerve disease.

An autopsy determined that Michael Logsdon died due to asphyxia and suffocation when the bilevel positive airway pressure (BiPap) machine he used as a breathing aid was powered off.

Donna Logsdon and Bennett are alleged by authorities to have intentionally tampered with the BiPap machine and allowed it to stop operating, and the pair were formally charged last year with murder following an investigation by the Glasgow Police Department.

Attorneys for the women contend that evidence shows that Michael Logsdon lacked the strength to draw in air to trigger the machine’s breathing assistance function, and that the BiPap machine automatically shut off as a result, and that a Vanderbilt University Medical Center doctor directed that Logsdon be placed on a ventilator a month before he died due to the BiPap machine posing a danger to him.

The motion to dismiss filed by Bennett’s attorney, John Olash, rests on the contention that the prosecution, through GPD Detective Brian Starnes and Natasha Mahaney, a respiratory therapist who worked with Michael Logsdon, gave intentionally misleading testimony to the grand jury that indicted Bennett and her mother.

The original motion and a supplement filed by Olash identify 15 instances from Starnes’ grand jury testimony and another eight portions of Mahaney’s testimony that purportedly misled grand jurors resulting in prejudice against Bennett and Donna Logsdon, who is represented by attorney Rob Eggert.

Many of the grand jury excerpts included in Olash’s filings concern representations from Mahaney and Starnes regarding the BiPap machine’s functionality.

Special Prosecutor Blake Chambers has argued in his own filings that Starnes’ testimony was consistent with information he uncovered during his investigation and that Mahaney did not mislead grand jurors through her testimony.

The Kentucky Office of the Attorney General presented the case to the grand jury last year, and Chambers was appointed special prosecutor in February.

At Thursday’s hearing, Dr. Kenneth Anderson, a sleep medicine specialist based in Louisville, testified that the nasal mask that Michael Logsdon used as part of the machine would have to be securely placed and snug against his face to ensure proper functioning, and that if a patient’s mouth remains open while using the nasal mask, that could produce an air leak that could endanger the patient’s ability to breathe.

Responding to a question from Olash, Anderson testified that it would be more prudent for a patient with late-stage ALS, like Logsdon, to be placed on a ventilator that could offer full breathing assistance.

Multiple witnesses called by Olash were questioned about the machine’s Smart Start/Stop feature.

Dr. Camilo Ruiz, a Florida-based internist and sleep medicine specialist, testified that the Smart Start/Stop feature, when activated on the machine, would automatically aid a patient during breathing and would stop automatically when it detects no breathing.

Ruiz said he believed a four-hour gap in BiPap usage on the date of Michael Logsdon’s death indicated that the machine stopped automatically when it failed to detect any breathing, and that medical professionals intervened after four hours in an unsuccessful effort to revive Logsdon.

The Smart Start/Stop function has emerged as a focal point in the criminal case, with Chambers arguing that the function had not been activated at the time of Logsdon’s death, while Olash and Eggert argue that data produced by the machine indicates that Smart Start/Stop was activated and the machine was working as intended.

A functionality test of the machine was conducted by Mahaney prior to the case being presented to the grand jury, and a second test was performed following a recent court hearing, with Barren Circuit Judge John Alexander authorizing another test to be conducted in Georgia by the company that produced the machine.

Answering a question from Eggert, Ruiz testified that Michael Logsdon was at risk of dying at any time while suffering from late-stage ALS, but it would have been impossible to predict when his death would take place.

Starnes was questioned by both defense attorneys, with Olash asking about the basis for his determination, shared with the grand jury, that Logsdon’s condition would not have caused him to die on July 9, 2022.

“That was based on a consensus of the witnesses (who talked about) his will to live,” Starnes said.

Questioned by Chambers, Starnes testified that he did not conspire with the prosecutor involved at the time in the case to present misleading testimony, and that his testimony reflected the findings of his investigation.

Jerri Richard, a Louisville-area woman who has sold and set up BiPap machines and who has experience practicing respiratory therapy, testified about the functions of the specific brand of BiPap machine that Logsdon used, viewing Mahaney’s functionality test of the machine on a laptop while answering questions from Olash.

At the end of the hearing, Alexander set a Nov. 1 date for a status conference and gave deadlines to the attorneys for filing their briefs arguing their respective positions on dismissing the case.

During a discussion with Eggert and Olash, Alexander noted the “extremely difficult hill you have to climb” when it comes to proving the prosecution intentionally presented misleading evidence to prejudice the defendants.

“It would be really hard for me to dismiss an indictment because of a credibility question with two people who are expert witnesses who disagree with each other,” Alexander said.