MIAMI COUNTY, Ohio (WKEF) — Caleb Flynn, charged with the murder of his wife in their Tipp City home, appeared in court Monday afternoon for a conflict of interest hearing.

39-year-old Caleb Flynn has been charged with the February 16th murder of his wife Ashely Flynn, who was shot in their home.

When the investigation began, Judge Jeannine Pratt said a staff attorney who now works for the Miami County Common Pleas Court was working for the Miami County Prosecutor’s Office.

However, on February 20th, when Flynn was indicted, Judge Pratt said the staff attorney was no longer working for the prosecutor’s office.

“The staff attorney had no involvement in the investigation, the strategy or prosecution of this case, and primarily performed civil work for the office. The staff attorney has further represented that they have no confidential or nonpublic information related to this case and then, following the court’s disclosure, the Miami County Prosecutor’s Office confirmed that it was unaware of any substantive participation by the staff attorney in the investigation, charging decision, or grand jury presentment in this matter,” said Judge Pratt.

After lengthy conversation between Judge Pratt, the state attorneys, and Flynn’s defense prior to the hearing, both parties agreed to waive their right to ask for a new judge to preside over the case.

“You do not object or challenge or otherwise claim that a conflict or appearance of impropriety exists that would require further hearing?” Judge Pratt asked. “No, your honor,” responded Flynn.

“Do you now, Mr. Flynn, knowingly, intelligently, and voluntarily waive any objection to my continuing involvement?” she continued. “Yes, your honor,” Flynn agreed.

The murder trial is still scheduled to begin on April 28th, with Judge Pratt remaining on the case.

On April 10th, Flynn will be back in court for a motion for public dissemination of evidence.