PIKEVILLE, Ky. (WMDJ) – Attorneys for Dr. Michael K. McKinney II are asking a Pike Circuit Court judge to keep evidence involving two alleged prior incidents concerning his son, M.K. McKinney III, out of trial.

If the judge allows the evidence, the defense is asking that Dr. McKinney receive a separate trial.

The motion was filed Tuesday in response to prosecutors seeking to introduce evidence of two earlier alleged incidents involving M.K.

According to the defense filing, one incident involved M.K. allegedly producing a knife and threatening people in the basement of Dr. McKinney’s residence. The filing says Dr. McKinney told his son to calm down and drop the knife.

The defense argues Dr. McKinney was trying to de-escalate the situation and was not accused of criminal or wrongful conduct in connection with the incident.

The second alleged incident also involved M.K., but the defense says Dr. McKinney was out of town and was not present.

Attorneys argue that allowing jurors to hear about the two incidents could unfairly affect how they view the case against Dr. McKinney.

The defense says jurors could hear about the alleged prior conduct and then conclude Dr. McKinney knew his son was capable of committing the homicide he is now charged in connection with, and that he later acted to protect him.

Attorneys argue that would make it difficult for jurors to consider the cases against father and son separately.

If the judge allows the evidence against M.K., the defense is asking for Dr. McKinney’s case to be tried separately.

If both requests are denied, attorneys are asking the court to limit how the prior incidents can be discussed in front of the jury and to instruct jurors that the allegations cannot be used to determine Dr. McKinney’s guilt.

The motion is a request from the defense and has not yet been ruled upon.