RUSSELL SPRINGS KENTUCKY:
Drug Cases noticed in Maricle’s RICO Indictment
As previously reported Senior Judge Cletus Maricle was recently indicted by the Federal Eastern District of Kentucky Grand Jury for Racketeering and voter fraud. Notice was later filed by the Eastern Kentucky Federal Prosecutor of a related case United States vs. Bobby Joe Curry; a case relating to mass distribution and trafficking in Oxycodone, Methadone, Hydrocodone, and Cocaine. With exception of the Cocaine, all of the above medications have been stolen from Grider Drugstores in Russell and Adair Counties.
Law enforcement sources revealed to the US Justice over a year ago that the medications stolen from Grider Drug were showing up in Manchester Kentucky drug busts.
Background History
Russell Springs Police Chief Joe Michael Irvin attempted to extort money from 68 year old Pharmacist Leon Grider in 2004. Irvin offered to install a security system from his private company at an extremely inflated price over standard retail. Leon and Anna Mae Grider flatly rejected the unrequested “offer” from Irvin. Then despite an enormous police force for the very small town of Russell Springs; break ins started to occur at Griders pharmacy which the Russell Springs police could not and would not stop.
Irvin then began circulating rumors in Russell Springs that the break in’s did not occur and that Leon Grider was trading the “stolen” pills for sexual favors from customers. Due to the harassment from Irvin which the City of Russell Springs would not stop; Leon and Anna Mae Grider filed a suit against Irvin on August 13, 2005.
Two days later on August 15, 2005 Police Chief Joe Michael Irvin swore out warrants against Leon Grider to which Irvin personally served on Grider so he could also personally arrest Grider himself. At the arrest, Leon and his wife Anna Mae were terrified of Irvin because his actions were of a individual disturbed. Irvin’s demeanor was as if he was a member swat team conducting a raid on a Mexican drug lord instead of a small town police chief issuing an arrest on an elderly and well respected local businessman.
Grider hired Louisville attorney Vince Aprile of Lynch, Cox, Gillman & Mahan to defend Grider in the criminal charges and Jim Faller as an agent for Aprile, began collecting evidence against Police Chief Irvin to take Irvin to be indicted by the Russell County Grand Jury.
To prevent being indicted; Police Chief Irvin convinced the Kentucky Attorney Generals Office to assign Kentucky Bureau Investigation officer John Dudinskie. Dudinskie previously worked with Irvin in August 2007 in a raid against Grider’s drugstore. Then, Dudinskie in turn just four months later began to supposedly investigate Irvin on behalf of requests by Griders and their attorney to the Kentucky Attorney General.
Dudinskie in his official capacity began to threaten and intimidate witnesses who were prepared to testify against Police Chief Joe Michael Irvin before the Russell Grand Jury which was to meet in January 2008. Dudinskie was taking the testimony of those witnesses and giving it to Irvin. To stop the harrassment and threats to the witnesses Jim Faller filed a pro se lawsuit in January 2008 against both Irvin and Dudinskie.
Mystery Assignments of Senior Judges
Assignments of Senior judges to court cases is a mystery in Kentucky. The Supreme Courts have ruled that the open records does not apply to the judicial branch so it is futile request how the assignments are made. However, individuals who have requested to remain anonymous state that there is no standard pattern throughout the districts. Sometimes a senior status judge is assigned by a clerk from the chief regional judges office. Sometimes it can be an assignment by another unknown clerk. Senior Judges can select cases that they are interested in, or refuse cases.
To further muddy up the issue; Senior Judge Lewis Nichols in a Pike County case stated on the record that he only elected to hear some of the issues in a particular case and did not have jurisdiction to hear other issues because he, Nichols did not choose the full case. So according to Nichols, even when assigned to a case; a senior judge does not even have full jurisdiction over that case.
The lack of transparency in the Senior judge program has resulted in a system which is ripe for abuse by unethical attorneys and judges with little to no recourse for private individuals. The Judicial Conduct Commission voted to not even accept a complaint against Nichols in the aforementioned Pike County case despite the ambiguity that apparently he doesn’t have full jurisdiction.
Maricle’s jump to issue orders in Russell County case
Senior Judge Maricle’s order granting him jurisdiction in08-CI-00007 wasn’t stamped by the Russell Circuit Court Clerk until January 22, 2008. While It states it was signed by Chief Senior Status Judge William Wehr on January 17, 2008.
Despite not have official jurisdiction until the 22 of January; Judge Maricle began issuing orders in the case on January 16, 2008. Of which Maricle set a hearing on January 23, 2008.
Even more strange; Chief Senior Status Judge William Wehr then assigned Maricle to “any and all proceedings filed by or involving James Faller, in Russell Circuit Court presently pending or which may be forthcoming”. This document was signed by Judge Wehr on April 4, 2008. It doesn’t appear to have been filed in particular court case but sent to Mr. Faller.
Conclusion
Some of the federal charges against Judge Maricle involve judicial misconduct. Given the apparence of impropriety in Maricle issuing orders before he was even officially assigned; AOC needs to give a full accounting to the public how Judge Maricle, and every other senior judge are assigned to cases.
The US Justice Watch research part of this article from the Russell Register at this link: http://www.russellregister.com/index.php?option=com_content&task=view&id=350&Itemid=2
The whole judicial system is corrupt. People have no confidence in it.
Let hope that this federal case and perhaps other indictments to follow will help–a little, at least.
Comment by Resident Guru — February 18, 2010 @ 3:34 pm