FAYETTE COUNTY:
Judge Gary Payne just dismissed the indictments against local pharmacist Leon Grider in criminal action 05-CR-00074.
The dismissal was based on the refusal by the Kentucky Attorney Generals office to turn over documents seized in two separate search warrants. Without those documents defense attorney Vince Aprile stated he was placed in a difficult position to defend Grider without access to Griders own documents. The issue of the Attorney General refusing to hand over documents arose once again last Wednesday in Jamestown Ky.
Thom Marshall, an assistant attorney general stated at that hearing, that the Grider’s defense counsel had the right to have those documents. However, Marshall stated that he was not in control of the over 100 boxes of material and did not even know where they are located. When Judge Payne stated he could order the prosecutors to turn over the documents; Marshall stated that it would place either Payne or Marshall “in a pickle” because it would be violating a temporary order by the Court of Appeals.
Marshall was referrinng to criminal action 08-CR-158 in Franklin Circuit Court. When Leon Grider refused to plead guilty to the 05-CR-00074 action; the Attorney Generals office in retaliation began an investigation against his son Eric Grider. KBI Agent Kelly Hensley took charges against Eric Grider to the Russell County Grand Jury who refused to indict Eric Grider. The Attorney Generals Office simply turned around and took the same charges to the Franklin Circuit Grand Jury.
Franklin Circuit Court Judge Phillip Shepherd, assigned to Eric Griders case ordered the Attorney Generals office to turn over those over 100 boxes of documents seized and under the custody of the Kentucky Attorney Generals office. However after that order was issued, the Attorney Generals office filed a writ of mandamus to the Kentucky Court of Appeals to keep Judge Shepherds order from being enforced. A temporary order was granted by the Court of Appeals until a full hearing is scheduled.
Marshall stated to Judge Payne that both he and Marshall would be in violation of the temporary Court of Appeals order if he turned over the documents. To that, Judge Payne stated he would scheduled a hearing for September 14, 2009 in Fayette County on the matter.
In today’s hearing, yet again the Kentucky Attorney Generals office refused to hand over the Griders own documents to the Griders defense counsel. Further, in a criminal prosecution the Proseuction must hand over exculpatory evidence to which the Attorney Generals office refused to do. Because the Prosecution refused to comply in order to allow Leon Grider a fair trial to start on September 21, 2009 by turning over the documents; Judge Payne dismissed the charges against Leon Grider.
Judge Payne dismissed the charges against Leon Grider verbally in court. Typically, when a Judge issues an order it takes one to two days for a written order to be placed within the document. When Judge Paynes written order is filed it will be posted at this site.
