PRESTONSBURG, Ky. (WMDJ) — Prosecutors have filed notice that they intend to introduce evidence at the upcoming murder trial of Wesley Martin detailing alleged prior abuse of Jordan Tackett, the child whose remains were discovered on Martin's property in 2019.

The notice, filed Monday in Floyd Circuit Court, states the Commonwealth plans to present testimony from two witnesses who previously told investigators they observed Martin discipline Tackett by placing him in extended "timeout," instructing him not to move or speak, and restraining him in a chair with zip ties. Prosecutors note those statements were provided to the defense more than six years ago and are not new evidence.

According to the filing, prosecutors argue the testimony is relevant to showing the nature of the relationship between Martin and Tackett. The Commonwealth also contends the evidence is relevant because Tackett's body was allegedly found buried on Martin's property with his hands and feet bound and a plastic zip tie still attached to one wrist.

The filing asks the court to allow the testimony under Kentucky Rule of Evidence 404(b), which permits certain evidence of prior acts for limited purposes, such as proving intent, preparation, plan or the relationship between a defendant and an alleged victim, rather than to show a person's character.

Prosecutors said the notice was filed to comply with the rule's notice requirements before trial and argued the defense has long been aware of the witness statements. A judge has not yet ruled on whether the evidence will be admitted at trial.