A judge has ruled that prosecutors have until Friday to give more specifics in its allegations against a Farina man charged with trying to arrange for the murder of his wife.
At a hearing last Wednesday in Fayette County Circuit Court, Judge Douglas Jarman granted a motion for a bill of particulars filed by Lou Viverito, the attorney for Mark Fulk.
Fulk was charged in April of last year with solicitation of murder for hire, a Class X felony, for allegedly making arrangements to have his wife killed.
In his motion for a bill of particulars, Viverito claimed that Fulk reached an agreement with John Shelton that called for Shelton to kill Alecia Fulk.
In exchange, Fulk was to give Shelton cash, a motorcycle, auto shop and house.
The charge alleges that Fulk and Shelton made the agreement between Feb. 1 and April 3 of last year.
Viverito asked the court to order that Fayette County State’s Attorney Joshua Morrison and his assistant, Amanda Ade-Harlow be more specific in the charge against Fulk.
“Absent disclosure … of the specific time, date and place of the purported ‘agreement’ which is the subject of the charge, (Fulk) is unable to effectively prepare to defend against the charge,” Viverito’s motion states.
He also asked the prosecution to provide the names and addresses of anyone who was present when such an agreement was reached.
In arguing on the motion last week, Viverito said, “It does not provide the accused the quality of information to which (Fulk) is entitled.
“It puts Mr. Fulk in the position of not knowing what defense or defenses to use,” Viverito said, arguing that without specifics on the purported agreement, Fulk does not have the ability to present an alibi.
Arguing against the motion, Ade-Harlow said that the prosecution cannot be more specific on the time, date and place of such an agreement because of information from witnesses on what was a verbal agreement.
Jarman also granted Viverito’s motions asking for more cell phone records.
Viverito said that while the prosecution provided copies of text message records on the phones of Mark and Alecia Fulk for the period of April 1-4 of last year, he has not received duplicates for text message records for the period of Feb. 1-March 31 of last year.
The information sought by Viverito includes incoming and outgoing call detail, text messages and cell phone site activations.
More motions in the Fulk case will be argued at a hearing at 1 p.m. next Friday.
Fulk has been held in Fayette County Jail on $3 million bond since his arrest.