Trial postponed in Butler case of drowned child

Published 7:45 am Tuesday, May 12, 2020

The trial of a Butler County woman who is charged in the death of her son was postponed Tuesday.

Leanna Cantrell, 43, of Morgantown, was set to face a jury trial June 11 in Butler Circuit Court on a count of second-degree manslaughter.

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Cantrell is accused of being responsible for the drowning death of 4-year-old Clark Cantrell on May 1, 2018, at their home.

At a status conference Tuesday, Butler Circuit Judge Tim Coleman ordered the trial postponed because of the uncertainties surrounding future court proceedings during the COVID-19 pandemic, according to Cantrell’s attorney, Alan Simpson.

The Kentucky Supreme Court has issued various emergency orders guiding operations of the state court system during the pandemic.

All justice centers are closed to in-person business through May 31, and trials have been postponed through that date as well.

Cantrell is accused of wantonly causing Clark’s death by “leaving the child unsupervised when she was aware of and consciously disregarded a substantial and unjustifiable risk that doing so would result in the child’s death by drowning,” according to the indictment returned against her.

The indictment alleges Clark’s death by drowning occurred in a manner that Cantrell “knew was rendered substantially more probable by her conduct.”

Kentucky State Police investigated the death.

Simpson on Monday filed two motions in the case, one to prevent the prosecution from introducing pictures of the autopsy to the jury and another seeking a ruling on whether an 8-year-old prospective witness is legally competent to provide testimony.

In his motion, Simpson said a review of the evidence in the case, including an interview of the potential witness at the Barren River Child Advocacy Center, raises questions as to whether the child meets the requirements of competency set forth by the Kentucky Rules of Evidence.

Potential witnesses can be disqualified if they lack the capacity to accurately perceive matters about which they plan to testify, recollect facts, understand their obligation to tell the truth or express themselves in a way that they can be understood.

In the other motion, Simpson argues that the autopsy photos serve no purpose other than to inflame the jury, saying that they do not help to establish that Clark died by drowning.