The indictment against an area mayor has been dropped. Glasgow mayor, Darrell Pickett was in Barren Circuit Court Monday Oct. 2, 2006, where Judge Phil Patton agreed to drop the charges of complicity to theft by deception. Pickett was charged with an alleged payroll scheme with two other city employees in June 2006.
Last week special prosecutor Clay Hunley, Jr. filed a motion to dismiss the indictment. That's because two other employees, Carol Sue Pollock and Lorene Lee Hoffman decided to invoke their Fifth Amendment right to not testify in the case.
Monday Judge Patton listened to both sides argue whether the indictment should be dropped with or without prejudice.
"The issue that's left is whether it's a dismissal with prejudice which means it cannot ever be brought up again or whether it's without. The position of the Commonwealth was that it should be dismissed without not because we didn't have sufficient evidence but because we didn't have available witnesses," said Clay Hunley Jr., the special prosecutor in the case.
"The Commonwealth admitted we cannot prove a prima facia case which means we don't have sufficient evidence. You can say I might have had it if something else would've worked. I could have had it, today. Therefore the case is dismissed with prejudice," said Bobby Richardson, the attorney for Darrell Pickett.
Judge Patton did not make a ruling in the case. Mayor Pickett declined to comment. Hunley said he is disappointed the case was not brought to trial because he thinks it should be aired before the public since it involved a public official and public money.
To view documents released concerning Pickett's dropped indictment, click the links below:
Letter From Hoffman & Pollock's Lawyer Concerning the Case
Pickett's Motion To Dismissal