Attorney for Barry Whitton says time makes case harder

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HUNTSVILLE, Ala. (WHNT) - Now that an indictment for the murder of his first wife has been handed up, Barry Whitton has been transported to Jackson County Jail this week from West Virginia -- where he was jailed for seven years for federal weapon possession charges.

"We'll meet with him and get the evidence against him from the assistant attorney generals handling the case and work on defense for Mr. Whitton," said court-appointed defense attorney Ron Smith.

Smith, based in Madison County, is working alongside Gerald Paulk of Scottsboro. Smith says one of the biggest challenges comes with the passage of time between the incident and the indictment.

"I've tried another case that was about 16 years old," he said. "There are a lot of issues with witnesses relocated, witnesses passing away, evidence being lost, things like that."

Whitton is being held without bond, and Smith plans to file a motion to have one set -- although he will likely be returned to his federal correction imprisonment if the motion is granted.

Whitton's arraignment is set for January 27 in Jackson County.