LACEY'S SPRING, AL (WAFF) - A Morgan County Judge issued a Certificate of Materiality for the doctor who performed the only autopsy conducted on an infant killed in 2008.
Gary Lee Wilbourn's capital murder trial is scheduled for April 21. He's accused of killing 4-month-old Amy Jean Wilbourn at his home in Lacey's Spring. Investigators say he shook the baby because she wouldn't stop crying.
According to documents sent by Morgan County Judge Steve Haddock to the Presiding Judge of Hinds County, Mississippi, Emily W. Ward, M.D. "has continuously made herself unavailable and has avoided served of subpoenas" by prosecutors and the defense.
Judge Haddock states Dr. Ward is the only person who can testify to the child's death.
The Certificate requests the Mississippi court locate and compel Dr. Ward to testify in this case.
Wilbourn's first trial ended in a mistrial after winter weather delayed jury selection.
Prosecutors say Wilbourn confessed to the killing. Defense attorneys say he made the comments while off his medication.