Cherry may never be tried if the evaluation on his mental competency is allowed to stand. Prosecutors have asked the judge to order another evaluation, which could happen in 60 days. Jones has yet to file a request for the evaluation. Michael Shores, a Birmingham lawyer, said the separation could help the defense because evidence against one defendant could prompt the jury to look unfavorably on the other. Emory Anthony, a Birmingham lawyer and Miles Law School dean, said the delay could allow Cherry's lawyers to dissect the prosecution's case as it unfolds.
Prosecutors are likely to do the same and critique themselves.
After 37 years, Jones said the moment has come to put Blanton on trial. Most of the public knowledge of Blanton comes from FBI documents written in 1963. This came from a sworn statement by Waylene Vaughn in October 1963. This came from a sworn statement by Wymon Lee in October 1963. Lee, at the time a fellow Ku Klux Klan member with Blanton, has said that Blanton's mother was Catholic and he turned against the church after her death.