ONLINE UPDATE - Mar. 2

A motion to disqualify the Russell County Grand Jury currently investigating police practices involving cases against James Faller and Leon Grider has been filed in Russell Circuit Court by Faller. It was filed on Thursday, Feb. 28, and also seeks to have the court disqualify the Kentucky Bureau of Investigation and Kentucky Attorney General's Office from their participation in the cases.

The motion was filed by Faller, acting only on his part and states he is "only representing himself." It alleges that during an ongoing Grand Jury investigation of "complaints against numerous persons including Russell Springs Police Chief Joe Michael Irvin, State Police Detective Scott Hammond and others" that prosecutors and a KBI investigator, John Dudinskie, may have improperly interacted with members of the Grand Jury.

The motion to disqualify also claims that a member of the Grand Jury, Derek L. Brown, "is under duress and being controlled by the KBI and Irvin," allegedly for fear of having a plea agreement voided which would cause him to "stand trial for a Felony charge with little or no chance to be acquitted."

The motion claims that KBI agent Dudinskie has entered into a "conflict of interest" in the cases and because he "has been named in a state lawsuit because of his dual roles, he most certainly has a personal interest in the outcome of the investigation."

Faller, in his filed motion, states that he "has 20-25 eye witness who witnessed" the allegedly improper contact and conduct with the Grand Jury members, and requests the court "hold a hearing at the earliest possible moment and to take the necessary steps to protect the movant (Faller), those testifying to support the movant's case and to restore the integrity of the juciary."

Readers are reminded that the motion gives only one side of a complaint.