An alibi is a form of evidence used to defend against a criminal charge by demonstrating that the accused was somewhere other than the scene of the crime when the crime was committed.
In Kentucky, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the accused aims to prove they were in a different location at the time the crime was committed and therefore could not have been involved in the alleged criminal act. The burden is on the defendant to introduce evidence supporting the alibi, which can include witness testimony, receipts, videos, electronic tracking data, or any other documentation that establishes their whereabouts. Kentucky Rule of Criminal Procedure (RCr) 7.24 outlines the requirements for notice of alibi, stating that if a defendant intends to rely on an alibi, they must notify the prosecution in writing of their intention to claim an alibi and provide specific information about the place where they claim to have been at the time of the alleged offense, as well as the names and addresses of the witnesses they intend to use to support the alibi. The prosecution is then required to respond with any witnesses they intend to present to rebut the alibi. Failure to provide notice of an alibi can result in the evidence being excluded, unless the court grants an exception due to the interests of justice.