The tug of war between Hopkinsville’s law enforcement and the judicial system took another turn Friday afternoon when the latest session of the Christian County grand jury recommended contempt of court fines to 14 police officers and deputies for failing to appear before the grand jury to testify.
A hand-written grand jury report signed by foreperson Whitney Frost detailed Friday’s proceeding where only one Hopkinsville Police Department detective showed up to present a case.
The report said Police Chief Jason Newby emailed the commonwealth’s attorney’s office on Thursday and said no officer would appear without a subpoena. The report added they did not show up on Friday after receiving those subpoenas.
The grand jury voted Friday to recommend a fine to Chief Newby of $500 for contempt of court and to fine nine Hopkinsville Police officers and four sheriff’s deputies $100 each on the same charge.
The report said the outcomes of 26 cases were delayed and four were dismissed by the grand jury due to having no witnesses testify.
The report called the actions of Chief Newby and his officers “extremely disrespectful” to the victims and a waste of taxpayers’ money.
In a joint statement released Monday morning by Chief Newby and Sheriff Tyler DeArmond, they contended the paperwork that Commonwealth’s Attorney Stephanie Bolen sent to each agency was not a valid subpoena and did not comply with the Rules of Criminal Procedure. It also said Circuit Court Judge Andrew Self confirmed the paperwork sent by Bolen’s office was not a valid subpoena.
They said since the officers did not receive a valid subpoena, there was no obligation for any of the officers listed to appear before the grand jury, and that they have done nothing wrong and cannot be held in contempt or fined.
It is general practice for police officers and witnesses to be subpoenaed to appear in court to either testify before the grand jury or to testify in a court proceeding. A judge would have to sign any contempt ruling issued through the court.
Bolen was a former assistant Commonwealth’s Attorney who was appointed as the county’s top prosecutor earlier this year by Governor Andy Beshear following the resignation of Rick Boling, who had his license to practice law suspended by the Kentucky Supreme Court.
In June, Chief Newby posted on social media a plea for more help from the justice system in keeping criminals behind bars. He cited a case where a 19-year-old was released from jail on his own recognizance after being arrested for fleeing from police, driving the wrong way on Fort Campbell Boulevard, and damaging two police cruisers.
He asked for the judges’ help in keeping those who endanger the community in jail.
Last month, Bolen addressed the Hopkinsville City Council and informed them she was asking the U.S. Department of Justice to come to Hopkinsville and review what she calls unconstitutional and unethical acts — unhappy with what she perceives as a lack of action and support by the City of Hopkinsville toward justice in Christian County.
During the public comments portion of the September 26 council meeting, Bolen also told the council and mayor that rumors of her job performance were hurting the cycle of justice in Christian County.
At the October meeting, Bolen did not provide any specific examples or why she felt the court system fell under the city’s purview. Neither the council nor the mayor offered any public comment to Bolen’s statements at either meeting.
To date, Bolen has not addressed those same concerns with Christian County Fiscal Court.
On October 22, she released a list of matters in the court system that she said prompted her request. Several of the cases were handled by her predecessor Boling and resulted in the dismissal of charges, including two murder cases.
Bolen said another case involved a 2016 case regarding the son of Circuit Judge John Atkins, who was charged with forgery and theft. She said the case remained lifeless for three years until Judge Atkins handled the disposition of the case.
She also said in her statement that there were over 30 cases where the defense attorney and the prosecuting attorney were the same person.
Bolen also pointed out there were three federal lawsuits filed regarding the justice system in Christian County. A case involving the City of Pembroke and the City of Hopkinsville were settled while one involving Hopkinsville and its police department is still pending.
Sheriff DeArmond and Chief Newby said Bolen’s conduct and abuse of her position in this matter add to the growing concerns of their respective departments. It went on to say they do care about the victims and the cases being handled professionally and correctly which is exactly why they have requested Bolen follow correct court proceedings.
It concluded that Bolen has failed as the Commonwealth Attorney to do that and is unfortunately pointing the finger at others who are simply trying to hold her accountable and follow the established rules of the Court.
The grand jury report took note of the back-and-forth between the police and the prosecutor and said “political and emotional motives have no place in the presenting of cases to the grand jury.”
