By Angela Hatton
Smithland, KY – A circuit court judge is deciding whether convicted triple-murderer Kevin Wayne Dunlap will get a new trial. Circuit Judge C. A. Woodall and attorneys are in Livingston County Court now. Dunlap's attorney had requested a new trial, saying Woodall erred in not accepting Dunlap's first plea of guilty but mentally ill. Dunlap's second plea did not include the mentally ill clause. Attorney James Gibson says the judge should have recused himself because he presided over Kristy Frensley's divorce case. Frensley is the mother of the three children Dunlap killed. A jury three weeks ago gave Dunlap the death penalty for the murders, which occurred in October 2008.