Her trial on charges aggravated vehicular homicide, endangering children and vehicular assault was scheduled to begin Nov. 1.
Earlier this month, Ashley's new attorneys filed for a trial continuance. Butler County Common Pleas Judge Noah Powers has granted that continuance.
A new trial date has not yet been set, but a hearing has been set on a motion filed by defense attorneys Frank Schiavone III and Frank Schiavone IV to determine Ashley’s competency.
Ashley told two Middletown paramedics at the scene that she had been "taking Vicodin and Adderall all day," according to the Ohio Highway Patrol's initial crash report.
“The defendant … requests that this court order the appropriate experts to examine and investigate all issues regarding the defendant’s mental competency,” Schiavone IV wrote in the motion. “Defendant requests (the) examination should include an explanation of the affect on the defendant of any prescription drugs taken by the defendant at the time alleged in the indictment …. as well as the affects upon the defendant regarding the affects of the combination of the prescription drugs taken by defendant at the time of the alleged offense.”
This comes on the heels of the Bradley Young trial in which the mother of the child Young was convicted of killing took the stand under the influence of prescription drugs.
After questioning by the judge, Rebekah Kinner's three hours of testimony was thrown out of the the trial. The judge ordered the jury not to consider Kinner's testimony.
The Schiavones represented Young and questioned Kinner’s competency.
Butler County Prosecutor Michael Gmoser said at Ashley’s arraignment that the vehicular homicide charge against the woman rises to an aggravated or felony level due to questions of her sobriety at the time of the crash. He said she was also reckless because there was sufficient sight distance to see the train with lights flashing and gates down.
Ashley and Martin had been picking up children for an evening vacation Bible school at the church when the crash occurred.
Martin, of Middletown, died from blunt force trauma to the chest.
The nine children in the van, ages 4-10, were treated and released from Atrium Medical Center and Cincinnati Children’s Hospital Medical Center, according to the church.
Ashley, who is the wife of church pastor Rev. Gary Ashley, suffered multiple injuries in the crash.
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