DEFENDANT IN A DRUG CASE ALLEGES MISHANDLING OF EVIDENCE BY GLASGOW POLICE; MOTION SEEKS INFORMATION PDF Print
Wednesday, 28 August 2013 06:47

A motion seeking information through discovery  was filed in Barren Circuit Court yesterday by the defendant in a drug related case.  46 year old Kenneth A. Smith has been indicted by the Barren County Grand Jury on drug related charges.  The motion filed yesterday by Glasgow Attorney Johnny Bell in Barren Circuit Court asks for information from the Commonwealth of Kentucky concerning the alleged mishandling and destruction of evidence by the Glasgow Police Department without proper authority.  The document  names, dates, specific case numbers and other identifying information as to the destruction of evidence, as well as the removal of evidence from the jail by female inmates is requested.  The motion seeks to learn what evidence could’ve been destroyed and whether or not it was done so by court order.  The document filed yesterday also contains an affidavit by Col. David Graves of the Glasgow Police Department indicating his discovery in the spring of 2012 of a bag of evidence at the Glasgow Police Department left behind a door in an unsecured area, and that some of the evidence had been destroyed and other items were not destroyed, such as guns, but are now missing.  The motion seeking to allow for discovery in finding answers about these allegations, and is set for hearing in Barren Circuit Court on September 9th.  Remember a motion filed states only one side of the facts in a given case.  A complete copy of yesterday’s filings can be seen on wcluradio.com.

COMMONWEALTH OF KENTUCKY
BARREN CIRCUIT COURT
CASE NO. ll-CR-00025
COMMONWEALTH OF KENTUCKY PLAINTIFF
vs. MOTION FOR DISCOVERY
KENNETH SMITH DEFENDANT
Come now the Defendant, Kenneth Smith and all other Defendants, by and through counsel, and respectfully requests that an order he entered wherein the Commonwealth is ordered to provide a copy of additional discovery. In support of this, the Defendant states as follows:
1.
That Defendant and Defendant's counsel was recently informed that certain items of discovery were destroyed by the Glasgow Police Department without a court order.
2.
That it is Defendants' belief said evidence was inappropriately destroyed.
3.
That it is Defendants' belief that female inmates from the Barren County Detention Center moved certain evidence from the evidence lockers without proper police supervision which could have allowed unabridged access to evidence that was not destroyed, but currently stored at the Glasgow Police Department evidence lockers.
4.
That the destroyed evidence couHbe relevant in RCr 60.02 and ReI' ] 142 motions as well as appeals and other court actions.
5.
That the Glasgow Police Department should be ordered to supply all information about all destroyed and violated evidence thought names, case numbers, individuals involved in the destruction and/or access including any and all relevant discovery information.
6.
That Defendants feel this situation could be detrimental to their defense and have the right to know if said inmates had access to any evidence currently being held in the cases.
7.
That Defendants request the following information:
a.
A list of all cases whose discovery was destroyed;
b.
A list of all evidence destroyed;
c.
The name of the authority who approved the destruction of the evidence;
d.
The reason for the destruction of said evidence;
e.
A list of any and all property that was not destroyed;
r.
A list of all the names, including but not limited to, any inmates, who worked at the Glasgow Police Department and helped with the disposal, evidence, package, seal, sort, destroy, guard any and all of the evidence.
WHEREFORE, the Defendant respectfully requests from this Court to enter an order instructing the Commonwealth to provide the requested information.
 

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