Jack Caldwell's attorneys visited and videotaped their 82-year-old client at Ephraim McDowell Regional Medical Center Tuesday.
Boyle County Judge Darren Peckler saw the tape and decided to postpone the trial until the middle of January, because Caldwell has a staph infection that's highly contagious.
Caldwell gave little or no response to several questions posed to him by his attorneys in his hospital room. And, there's not a clear sign as to exactly when the trial will resume next month.
This is the latest in the series of setbacks, delays, and problems in the trial. The first trial in 2005 ended in a mistrial because of problems with jury selection.
There have been problems with the elevator in the courthouse to get the man to the second floor courtroom.
Defense attorneys want Caldwell to testify in his own defense. They've hinted they may want to tape that in the hospital. Prosecutors want him in court.
Caldwell has been very ill and recovered in time for court before; now, attorneys hope he will again.