In May 15-21 issue By Greg Wells Times Journal Managing Editor
JAMESTOWN - Special Judge Cletus Miracle returned to Russell County this week to hear matters either brought by or against James Stewart Faller II, as well as his wife and pharmacist Leon Grider.
The judge also addressed the civil case which the previous office manager at the Russell Springs Police Department, Melissa Wilson, is bringing against that department and city. Wilson alleges misconduct by Police Chief Irvin and inaction by city officials regarding pressure she claims was put upon her to do things she says was illegal.
Miracle told the parties in the Wilson case they had five months to do "discovery," with an additional 30 days to wrap up any loose ends by November 12. He added that he will be dealing with motions in that case in the interim.
In the criminal case against Faller and his wife Tanya, as well as the witness tampering case against Faller, the judge admonished the defense to have all the defendants and all the attorneys present at any hearing. He set August 4 and 5 as the days to hear the motions in those cases before proceeding to trial. Miracle pointed out to all parties that Faller has said he wants a speedy trial in the cases against him.
In the criminal case against Leon Grider, the judge set a hearing for June 14th to hear from the prosecution's witness answer as to why he is reportedly saying his office can not test video and audio tape evidence against Grider after Grider's expert had possession of the tapes.
At one point the judge said he would order the tests but opted to have a hearing on the matter before deciding. During that hearing, Miracle said, he would deal with the change of venue motion filed by the prosecution as well as the defense's request for relief from the $1 million bond Grider is under.
The judge indicated he would hear any other motions in that case August 4th and after that he will proceed to trial in that case, in which the state has alleged Grider illegally dispensed drugs to police informants.
In a civil action Faller has brought against Russell Springs Police Chief Joseph M. Irvin and other peace officers, the judge concluded his examination into a contempt motion against Faller.
After hearing from three lawyers that Faller told the court were his defense against contempt charges, Miracle reprimanded Faller for his behavior.
The judge has repeatedly stated that there was no doubt in the courtroom that he had ordered a halt to Faller's subpoena of a Kentucky Bureau of Investigation's phone records.
Faller had argued that the written order didn't clearly quash the subpoena and that he was not in contempt for receiving and disseminating those cellphone records.
At this hearing Faller's and his attorney Vince Aprile's position was that AT&T sent Faller those records in error and that he was not at fault for their error.
In the end Miracle said Faller's conduct fell short of that needed for a contempt finding.
The Times Journal is a weekly newspaper issued on Thursdays. It was first published on October 13, 1949, by Andrew J. and Terry Norfleet.
P.O. Box 190
120 Wilson St.
Russell Springs KY 42642
Russell County News is a weekly newspaper issued on Saturdays, and is mailed free to every address in Russell County, Ky. It was first published on February 1, 1913.
404 Monument Square
Jamestown KY 42629