Whether or not the murder trial of Travis Lee McGraw, 47, of Hendersonville will go forward is currently unknown following a motion filed to continue the trial.
McGraw’s attorney filed a motion on Wednesday, May 14 asking for a continuance citing reasons of McGraw being “on a number of prescription drugs that could or might impair his ability to assess his position.”
The motion also said the defense is preparing a Daubert challenge to the forensic tool mark evidence and has asked statistician Dr. Alicia Carriquiry to testify and she is unable to attend the trial on Monday, May 19 or Tuesday, May 20.
“He appears not to have the appropriate level of anxiety in light of the circumstances,” states the motion. “He appears oblivious to his position.”
The motion includes a preliminary report of neuropharmacologist, Dr. Wilkie Wilson.
“If further testing or evaluation supports it, I will move to continue the case due to his inability to assist counsel, or be competent to assess or consider a plea offer,” Dalton said in the motion.
Wilson’s included letter said from photos of McGraw’s pill bottles and his medical records, he is taking several medications with some having the potential to profoundly impair cognitive function.
McGraw’s list of medication includes Meclinzine HAL (for vertigo), Meloxicam (anti-inflammation), Lisinopril (blood pressure), Gabapentin (never pain inhibitor), Methocarbamol (muscle relaxer), Hydrocodone (pain medication), Cetirizine CHI (allergy medication) and Fluticasone Propionate (nasal spray).
Wilson said further evaluation of the medications is needed as well as an interview with McGraw.
“At tis point it is my hypothesis that this drug combination is impairing Mr. McGraw’s ability to appreciate the circumstances in which he finds himself,” Wilson said. “These medicines may well be reducing the normal emotions that one would experience at a time like this to the point that he has become inappropriately ‘carefree.’ He also might be unable to integrate and develop an understanding of the collection of the evidence and respond in an appropriate manner. I will work as fast as I can to complete this study.”
The trial is scheduled to begin Monday in the first-degree murder case of McGraw, who is accused of killing his wife Vanessa Mintz, who was 53 at the time of her murder at the Saluda Mountain Lodge on Feb. 19, 2011.
Most recently, McGraw was in court for an expected plea deal in the case but at the last minute he rejected the deal. A special court session was held on March 21 when McGraw told his attorney, Tony Dalton, that he was rejecting the deal just prior to the hearing. Chief Assistant District Attorney Alex Bass said McGraw indicated he would take the deal on March 3.
Bass said on Wednesday, May 14 after the motion to continue was filed at the Polk County Courthouse that he will argue against the motion and hopes to go through with the trial next week.
The state said there will be no other plea deals offered and are ready for trial on Monday.
Dalton told the court in March McGraw will be pleading not guilty to first-degree murder. Dalton also said one of McGraw’s defenses in the case will be alibi. Dalton said McGraw has always professed his innocence in the case.
Bass said the case is not a death penalty case because there are no qualifying factors, with a sentence of life without parole being the only possible sentence.
McGraw has been out on bond since May 2013.
Mintz, a Hendersonville realtor was found murdered by gunshot to the head at the Saluda Mountain Lodge, which her family owned at the time, on the morning of Feb. 19, 2011. McGraw was arrested and charged with first-degree murder four days later.