Caleb Flynn Murder Trial: Defence Says He Is Not on Trial for Cheating

Former “American Idol” contestant Caleb Flynn’s murder trial went to the jury Tuesday, Sept. 29, after his defense urged jurors to separate his admitted affair from the question of whether he killed his wife, Ashley Flynn.

During closing arguments in Miami County Common Pleas Court in Troy, Ohio, defense attorney Patrick Mulligan described the case as a murder case and argued that prosecutors still had to prove their allegations beyond a reasonable doubt. Flynn, 40, has pleaded not guilty to aggravated murder and other charges in connection with Ashley’s Feb. 16 shooting death.

The jury began deliberating Tuesday afternoon after prosecutors and defense attorneys presented their final arguments.

Defense Focuses on What Prosecutors Must Prove

The defense has acknowledged throughout the trial that Flynn was having an affair with Alleigha Botner, a 24-year-old worship leader at his church. But attorneys have argued that infidelity may provide a possible motive without proving that Flynn committed the killing.

In an earlier argument to jurors, defense attorney Emily Smith said, “Caleb is not on trial for being a bad husband. He’s not on trial for cheating.” She also told jurors that “a man can fail as a husband without being a murderer.”

During Tuesday’s closing, Mulligan emphasized the same distinction, saying Flynn’s case “is a murder case, and it’s really nothing more.” He argued that the other charges depend on the murder allegation and questioned whether prosecutors had established every required element beyond a reasonable doubt.

The defense also pointed to the absence of the firearm used in Ashley’s killing and argued that there was no direct forensic evidence establishing that Flynn was the shooter. Flynn did not testify, and his attorneys called no witnesses after prosecutors presented 40 witnesses over the course of the trial.

Prosecutors Say The Affair Was Part of a Larger Case

Prosecutors argued that jurors should consider the evidence collectively rather than treating the affair as the sole basis for their case.

Miami County Assistant Prosecuting Attorney Matt Joseph told jurors, “Consider the evidence together, and when you do, the pieces connect. They corroborate one another.”

Prosecutors allege Flynn killed Ashley inside their Tipp City home and staged the scene to make it appear that an intruder had broken in. Flynn called 911 early Feb. 16 and reported that someone had entered the house and shot his wife.

Investigators testified that they found no evidence identifying an intruder, while the firearm Flynn said he kept in his truck was missing and has not been recovered. Prosecutors also presented evidence about Flynn’s relationship with Botner, including more than 100,000 messages and messages in which he allegedly discussed killing Ashley.

One message cited in court was sent in August 2025, months before Ashley’s death. Prosecutors said Flynn wrote that he had stayed awake until 4 a.m. thinking about ways to kill his wife without going to jail. Botner also testified that Flynn had expressed hatred toward Ashley and talked about wanting her gone.

Miami County Prosecutor Paul Watkins summarized the prosecution’s position in rebuttal “The evidence never pointed to an intruder; it pointed to the defendant.”

Jury Deliberations and a Verdict

The jury began deliberating Tuesday after closing arguments. No verdict had been reported as of the latest updates.

Flynn was indicted in March on 11 counts, including aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence and two counts of intimidation of an attorney, victim or witness in a criminal case.

The indictment followed the investigation into Ashley’s death.

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