In May 13 Issue
An order declaring a mistrial in the Franklin Circuit Court case against local pharmacist Eric Grider was filed May 12th.
In a multi-count indictment Grider had been charged in July of 2008 with making fraudulent claims to defraud the Kentucky Medical Assistance Program.
Franklin Circuit Clerk Sally Jump provided a copy of the order issued by Phillip Shepherd and explained that the mistrial was not a dismissal of the charges.
“Not at this point,” Jump explained. “The charges were not dismissed the judge hasn't taken that up.”
In the order Shepherd gave the prosecution 10 days to respond to the defense motion for dismissal, and the defense 7 days to reply to that filing.
The order sites violation of a precedent case requiring full disclosure of “exculpatory evidence” by the prosecution.
Such evidence would be used by defense attorneys to defend their client or attack the case or witnesses presented by the prosecution.
The judge also noted his disapproval of the, “—adequacy of the charges set forth in the indictment and the Bill of Particulars, in light of the failure of the charging documents to set forth the specific violations of Medicaid regulations...”
In the order the judge goes on to explain that the jury, which had already been seated, was brought into the courtroom after he and the lawyers had discussed the matters and they were informed that, “—a legal issue had arisen which, in the judgment of the Court, required that the trial be terminated...”
Shepherd went on to note that he will issue another order regarding the case once he has received other filings he has required of the attorneys.