Prosecutor Traded Official Acts For Drugs And Sex

The Kentucky Supreme Court granted a motion for permanent disbarment of a former prosecutor who pleaded guilty to honest services wire fraud

The Defendant, on multiple occasions, agreed to take official actions in his role as the Commonwealth Attorney for the 33rd Judicial Circuit (encompassing all of Perry County), including but not limited to recommending probation and drug court and not recommending probation violations or sanctions for defendants he was prosecuting, in exchange for quantities of methamphetamine, procurement of methamphetamine, and sexual favors.

As an example, on one occasion, the Defendant engaged in a Facebook messenger conversation with an individual who was serving a sentence of felony probation in Perry Circuit Court. When the individual expressed concerns that his probation would be violated after he missed a court date, the Defendant tried to convince the individual to come over for a sexual encounter. The Defendant assured the individual that the Defendant would not violate the individual’s probation. Later messages reveal that an encounter occurred, and court records confirm that the individual’s probation was not revoked.

On another occasion, the Defendant agreed to recommend drug court and probation for an individual in exchange for that individual making deliveries of methamphetamine to the Defendant. On numerous occasions, the Defendant would direct that individual to pick up methamphetamine for the Defendant. Sometimes the Defendant would provide the individual money and direct him which source to go to and other times the Defendant would direct the individual where to go to pick up prepackaged methamphetamine the Defendant had already purchased. The Defendant often
communicated with the individual to make these demands via Facebook messenger. Court records reflect that the individual was sentenced to a term of probation and allowed entry into drug court. The Defendant admitted that he recommended drug court and probation for this individual, and that this individual picked up methamphetamine for the Defendant on approximately fifteen (15) occasions.

(Mike Frisch)