Case Results

Case Results

Commonwealth of Kentucky v. Dillen
Case Number: 09 CR 1322
Judge: Mary Shaw
Type of Case: Criminal Abuse
Result: Jury verdict of not guilty
Summary: Mr. Dillen was employed as a behavior analyst at Our Lady of Peace. During the course of his employment, Mr. Dillen was accused of criminally abusing a patient during a functional analysis. The defense, through experts at Our Lady of Peace hospital and nationally renowned expert, demonstrated that Mr. Dillen’s treatments of the patient were compliant with all rules and regulations of behavioral analysts.Following a two week trial, the jury returned a verdict of not guilty in favor of Mr. Dillen after only thirty minutes of deliberation.

United States vs. Steven Ceballos, et al.
Case Number: 3:02CR-00125-JGH
Judge: John G. Heyburn
Jurisdiction: Western District of Kentucky at Louisville
Type of Case: Conspiracy to possess with intent to distribute cocaine, aiding and abetting possession with intent to distribute cocaine, and other related offenses
Summary: Mr. Ceballos along with others was stopped in Louisville, Kentucky following an extensive narcotics investigation. Mr. Ceballos was in Kentucky with other out of town friends when the police recovered a vehicle containing in excess of 30 kilograms of cocaine. At the time of the offense Mr. Ceballos was on supervised release from another federal jurisdiction on a drug related charge. After extensive motion practice and negotiation, Mr. Ceballos was able to have all charges dismissed and plead to simple possession of marijuana. See, United States v. Ceballos,3:04CR00062 JGH.

United States v. Michael D. Hughes
Case Number: 3:97CR-00004-CRS
Jurisdiction: United States District Court Western District of Kentucky, Louisville Division
Judge: Charles R. Simpson
Type of Case: Possession with Intent to Distribute Cocaine and Conspiracy to Distribute Cocaine
Result: Dismissed on motion of government

Summary: Mr. Hughes, a resident of Louisville, Kentucky, picked up a vehicle, which had previously been stopped by law enforcement in another jurisdiction. Law enforcement discovered a hidden compartment located within the vehicle which contained in excess of 30 kilograms of cocaine.After many phone calls between the driver of the vehicle and the target of the investigation, Mr. Hughes showed up to pick up the vehicle. Mr. Hughes was stopped while driving the vehicle a short time later.Following extensive pretrial negotiations and motion practice Mr. Hughes was able to plead to the lesser charge of misprision of felony. Mr. Hughes entered into a plea agreement which required no cooperation on his part.

United States vs. Terrell A. Gray
Case Number: 3:97CR-00093CRS
Jurisdiction: United States District Court Western District of Kentucky, Louisville Division
Judge: Charles R. Simpson
Type of Case: Possession and Transportation of Stolen Firearms
Summary: Mr. Gray was charged in 1997 with unlawful possession and transportation of stolen firearms in two separate indictments. Following jury trials on each indictment, the Court entered judgment of acquittal on both indictments resulting in all felony charges against Mr. Gray being dismissed.

United States vs. Shy Heath, et al.
Case Number: 3:98CR-00052
Jurisdiction: United States District Western District of Kentucky, Louisville Division
Judge: Charles R. Simpson
Type of Case: Narcotics (Cocaine)Result: All convictions reversed on appeal
Summary: Mr. Heath and his cousin were indicted for possessing with intent to distribute more than five kilograms of cocaine hydrochloride. The police conducted a search of Mr. Heath’s cousin’s apartment in west Louisville where the cocaine was located. A conditional plea agreement was entered wherein the government allowed both defendants to reserve their right of appeal.Mr. Heath appealed his case to the Sixth Circuit Court of Appeals in Cincinnati, Ohio. The Appellate Court reversed the District Court’s holding in the suppression issue resulting in all charges against Mr. Heath being dismissed. See United States v. Heath, 259 F.3d 522 (6th Cir. 2001)

United States vs. Turner, et al.
Case Number: 05-02-S-KKC
Judge: Karen Caldwell
Jurisdiction: United States District Court Eastern District of Kentucky, London Division

Result: Dismissed on appeal
Type of case: Mail Fraud/Election Fraud
Summary: Loren Glenn Turner, along with others, was charged in election fraud prosecution. Mr. Turner was charged with mail fraud and had moved the Court to dismiss the mail fraud charge as it was not encompassed within the “intangible right to honest services” of the Mail Fraud Statute. The Sixth Circuit Court of Appeals also rejected the use of salaries as “money or property” aspect of mail fraud as a basis for prosecution. See United States v. Turner, 465 F.3d 667 (6th Cir. 2006).

Commonwealth of Kentucky vs. Shy Heath
Case Number: 05 CR 3716
Jurisdiction: Jefferson Circuit Court
Judge: Denise Clayton
Result: Jury verdict of not guilty

Type of case: Trafficking in a Controlled Substance (Cocaine)/Subsequent Offender
Summary: Mr. Heath was targeted at his home by members of the Louisville Metro Police executing search warrant. Police used a SWAT team to enter Mr. Heath’s residence. Upon searching the residence police found cocaine located in a safe for which Mr. Heath gave the combination.Assorted drug paraphernalia and currency was located throughout the home. The defense argued facilitation, a misdemeanor offense, which Mr. Heath was convicted of. Mr. Heath was found not guilty of the felony offenses and being a subsequent offender.

United States vs. Andrew Fields
Case Number: 3:93CR-00036
Jurisdiction: United States District Western District of Kentucky, Louisville Division
Judge: Special Judge sitting from Michigan

Type of Case: Possession with Intent to Distribute Crack Cocaine
Summary: Mr. Fields was in U. S. District Court in the Western District of Kentucky in the first crack cocaine distribution case prosecuted in that jurisdiction. Mr. Fields was alleged to have possessed with intent to distribute crack cocaine. Following trial in the matter, Mr. Fields was acquitted of all charges.

Commonwealth of Kentucky vs. Terrell A. Gray
Case Number: 95CR-000662
Jurisdiction: Jefferson Circuit Court
Judge: Kenneth Conliffe
Result: Dismissed on motion of prosecutor
Type of Case: Attempted murder, assault in the first degree, five counts of wanton endangerment first degree, criminal mischief first degree, and intimidating a witness
Summary: Mr. Gray was charged with firing shots at a witness while stopped at a KFC drive-through in west Louisville. The witness allegedly related to the murder Mr. Gray had previously been charged with and was dismissed on judgment of acquittal. The defense was able to demonstrate that Mr. Gray played no part in the shooting of the witness at the KFC in west Louisville. All charges were dismissed on motion of the prosecutor.

Commonwealth of Kentucky vs. Jimmie W. Craig
Case Number: 10CR-000901
Jurisdiction: Jefferson Circuit Court
Judge: Olu A. Stevens
Type of Case: Tampering with a Witness
Result: Jury verdict of not guilty
Summary: Mr. Craig, along with a co-defendant, were charged with tampering with a witness. The witness allegedly related to the homicide which Mr. Craig was charged with at the time of this allegation. The defense highly contested these issues and requested a speedy trial. Mr. Chandler along with co-counsel successfully obtained a trial date less than two months after indictment. Mr. Craig was acquitted of the charge of tampering with a witness in relation to his homicide charge. The homicide charge was ultimately dismissed the morning of trial by the Commonwealth.

United States v. Russell Faulk
Jurisdiction: United States District court Western District of Kentucky, Owensboro Division
Judge: Joseph H. McKinley
Result: Probated misdemeanor conviction
Summary: Mr. Faulk was a mine supervisor at Pyro Mine in Western Kentucky. The Pyro Mine was the scene of an explosion resulting in the deaths of a number of miners. Mr. Faulk was charged with a number of mining violations. Ultimately, on the morning of trial, the government relented on its previous felony offers and agreed to a misdemeanor charge which was probated.

United States v. Gordon K. Allen, Jr., et al.
Case Number: OOCR 731 (GBD)
Jurisdiction: United States District Court for the Southern District of New York
Judge: George Daniels
Type of Case: Insider Trading and Commercial Bribery
Result: 1st Trial: Hung Jury; 2nd Trial: Convictions, Numerous Counts Reversed on Appeal
Summary: Gordon Allen was charged along with co-defendants for trading in stocks with inside information. The government alleged that an employee of Goldman Sachs obtained information concerning potential mergers and acquisitions and in turn passed it along for others to profit.The first trial began June 25,2001 and ended on July 24, 2001. The jury was unable to reach a verdict on any of the counts. The case was re-tried on February 25, 2002 ending March 20,2002. The second trial resulted in convictions on conspiracy to commit insider trading, substantive counts of insider trading and commercial bribery. The Second Circuit Court of Appeals reversed nearly all of the substantive counts of insider trading, however affirmed the conspiracy and commercial bribery counts. See United States v. Allen, 369 F.3d 682 (2nd Cir. 2004).

Commonwealth of Kentucky vs. Jimmie W. Craig
Case Number: 08CR-002830
Jurisdiction: Jefferson Circuit Court
Judge: Irv Maze
Type of Case: Murder/Tampering with Physical Evidence
Result: Dismissed by prosecution morning of trial
Summary: Mr. Craig was charged with homicide and tampering with physical evidence. Mr. Craig was scheduled to begin trial on May 19, 2010. On the morning of trial, the homicide charge and tampering with evidence charge lodged against Mr. Craig were dismissed by motion of the prosecutor.

Commonwealth v. Bennie Berry
Case Number: 93CR-002875
Jurisdiction: Jefferson Circuit Court
Judge: William Knopf
Type of Case: Wanton Endangerment/Menacing
Result: Jury verdicts of not guilty
Summary: Mr. Berry was charged with wanton endangerment and menacing from a dispute over unauthorized use of his vehicle. Following a jury trial in September 1994, Mr. Berry was acquitted of all charges.

Commonwealth of Kentucky vs. Terrell A. Gray, et al.
Case Number: 95CR-0001
Jurisdiction: Jefferson Circuit Court
Judge: Ken Conliffe
Type of Case: Murder
Result: Directed verdict of acquittal on all counts
Summary: Mr. Gray, along with four others, was indicted for allegedly murdering a young man in Louisville, Kentucky. The Commonwealth alleged that the murder was the result of a long-standing dispute between the defendants and the victim. Following a jury trial held in June of 1995, the judge entered a directed verdict of acquittal against Mr. Gray and all other defendants.

Commonwealth of Kentucky vs. Justin Staples, et al.
Case Number: 06CR-00112
Jurisdiction: Meade Circuit Court
Judge: Ken Conliffe
Type of Case: Marijuana Cultivation and Tampering with Physical Evidence
Result: Directed verdict of acquittal on all counts
Summary: Justin Staples was indicted and charged with cultivating hundreds of marijuana plants on a farm owned by his family. Justin’s parents and grandparents were also charged with cultivating marijuana.At the conclusion of the one week trial in Meade Circuit Court, the Court directed a verdict of not guilty on all counts against Mr. Staples.

United States v. Rice, et al.
Case Number: 3:04CR-00083-TBR
Jurisdiction: United States District Court Western District of Kentucky, Louisville Division
Judge: Chief Judge Thomas Russell
Type of Case: Narcotics wiretap case involving large scale cocaine distribution and firearms.
Result: All charges dismissed; affirmed on appeal
Summary: Reggie Rice along with numerous co-defendants were indicted and accused of conspiracy alleging intent to distribute cocaine and possession of firearms in Louisville, Kentucky. The government recovered approximately 22 kilograms of cocaine allegedly intended to be delivered to Mr. Rice. The government executed search warrants at Rice’s home finding two kilograms of cocaine hidden in a wall compartment within the basement and approximately $250,000 in U. S. currency. The government agents executing the warrant also located a number of firearms including an assault rifle in near proximity to the narcotics and money. A motion to suppress the Title III wiretap was sustained an affirmed on appeal resulting in the dismissal of all charges against Mr. Rice.The government appealed the case to the United States Court of Appeals, Sixth Circuit in Cincinnati, Ohio. In a landmark decision the Sixth Circuit agreed with the District Court and affirmed its decision dismissing all charges against Mr. Rice. See, United States v. Rice, 478 F.3d 704 (6th Cir. 2007).

United States vs. Molzoff, et al.
Case Number: 3:96CR-OOl18-TBR
Jurisdiction: United States District Court Western District of Kentucky, Louisville
Judge: Chief Judge Thomas Russell
Type of Case: EPA Clean Air Act

Result: Case dismissed
Summary: Mr. Molzoff and his employer, Superior Distributing Company, Inc., were indicted in Louisville, Kentucky for violating the Clean Air Act. The EPA alleged that Molzoff and others improperly and unlawfully removed asbestos from a warehouse in west Louisville. The defense was able to demonstrate that the government did not meet the threshold amount of asbestos removed and persuaded the United States to dismiss the case the day before trial.

Commonwealth of Kentucky vs. Richard Summers
Jurisdiction: Jefferson Circuit Court
Judge: Mike McDonald
Type of Case: Rape/Intimidating a Witness
Result: Not guilty jury verdict
Summary: Mr. Summers was accused of two counts of Rape First Degree and intimidating a witness. A cousin of Mr. Summers alleged that he forcibly raped her on multiple occasions. The defense argued that the relationship was consensual. Mr. Summers was acquitted of rape and intimidating a witness.

Commonwealth of Kentucky vs. Joyce Victoria Smith
Jurisdiction: Jefferson Circuit Court
Judge: Edwin A. Schroering
Result: Not guilty jury verdict
Type of Case: Assault
Summary: Ms. Smith was indicted for allegedly assisting her son in the shooting of another individual. Ms. Smith was charged with Complicity to Assault in the First Degree. The defense successfully argued Ms. Smith’s lack of involvement resulting in a not guilty verdict.