The Indianapolis man was scheduled to go on trial Tuesday for fatally stabbing convicted burglar Ricky Combs, 28, of Austin, in January 1993, while the two were inmates at the Pendleton Correctional Facility.

Barnett's attorney, Bryan Williams, said before the Madison County court ruling Thursday that an Indianapolis hospital determined his client was deaf and needed a cochlear implant to possibly restore his hearing. Cochlear implants send auditory signals to the brain to restore hearing in people with certain types of hearing loss.

"The evaluations were done before the charges were filed," he said. "There was no reason for him to be faking deafness."

But employees and inmates at the Madison County jail testified Thursday that they believed Barnett can hear.

Cpl. Richard Misner of the Madison County Sheriff's Department said he asked Barnett last Sunday about some missing items and received a response.

"His hearing issues had been brought to my attention earlier," Misner said. "We were told we had to be facing him so he could read lips. I was facing away from him on Sunday when I asked him how many tapes were missing and he answered."

Prosecutor Rodney Cummings said it is difficult to believe that five jail officers would make up statements that Barnett can hear.

"His hearing difficulty is not as bad as being portrayed," Cummings said.

Madison County Judge Thomas Newman Jr. ruled Barnett was faking his deafness.

"He can assist with his defense," Newman said. "If he continues to fake his deafness, it is only to his peril."

Williams asked for time to file an appeal of Newman's decision, which was denied.

Williams then filed a motion for a special judge for Barnett's trial, which will be addressed at a hearing Friday. If approved, the motion could delay Barnett's trial.

By The Associated Press

Followup: http://www.4hearingloss.com/archives/2006/01/convict_asks_fo.html