Attorney tries to prove Dale Bagshaw's insanity in 'crime of passion'

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by Gene Kang

WHAS11.com

Posted on January 11, 2013 at 2:25 PM

Updated Friday, Jan 11 at 2:41 PM

(WHAS11) -- Dale Bagshaw's lawyer is trying to prove he was insane. Bagshaw is accused of stabbing his estranged wife dozens of times and claims it was a provoked "crime of passion."

Edward "Dale" Bagshaw is accused of stabbing his estranged wife, Kelly Bagshaw, 57 times.

Three Jeffersonville detectives took the stand Friday morning. They say the Bagshaw's daughter saw the two get in a car. The car then started shaking and Kelly fell out of the driver's side, bleeding, according to their daughter.

Bagshaw's attorney argued that the two struggled over a cell phone and that a fight led to her death, pointing out scratch marks on Dale's arms.

"There was fingernail clippings taken and information from an interview with Mr. Bagshaw and scratches on his arms," Dale Bagshaw’s lawyer, Perry McCall said. 

Prosecution says Kelly was killed with a pocket knife inside her car November of 2011 in the 1500 block of East 10th Street near a Jeffersonville apartment.

"For Mr. Bagshaw to take her phone out of her hand and her to reach to get it and get it back and he claims that's provocation to kill her is ridiculous. The law doesn't support that," Clark County Prosecutor, Jeremy Mull said.

The murder trial is expected to go through Wednesday of next week. Dale Bagshaw's brother is expected to testify along with independent psychiatrists.

Bagshaw’s attorney wants the murder charge to be reduced to manslaughter. If convicted, Bagshaw faces 65 years in prison.
 

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