Cornelius Martin and Brooks Mitchell were killed in Logan County after they were struck by Mickey Mosher's truck on June 3. Mosher's attorney, Stewart Wheeler, asked that no audio recording devices be allowed in the courtroom Thursday for the bond hearing, but we were able to get video. Inside the courtroom, it was heated between both the prosecution and the defense attorneys. After the hearing we were able to speak with both sides, who each feel this will be a difficult trial.
Stewart Wheeler says: "The officer couldn't state that in his opinion she did anything wrong. That in no point in time was she ever impaired by drugs and alcohol. It's just such an unfortunate situation when somebody dies. I hate it and she hates it but does that rise to the level of a criminal act?"
That's the question that Mickey Mosher's defense attorney posed to Logan County Deputy Sheriff Anthony Williams. Williams testified he found marijuana in Mosher's handbag and in her vehicle, that she admitted to using. And preliminary test results from Logan Memorial Hospital show Mosher had marijuana in her system. But Wheeler maintains that marijuana can stay in a person's system for 30 days after its use, and that it does not give them probable cause to hold Mosher.
Logan County Commonwealth Attorney, Charles Orange, says: "Mr. Wheeler is a capable lawyer and his arguments did not go unanticipated. But I believe the facts and the law will control and ultimately win in this situation."
Both sides appealed to Judge Sue Carol Browning about what should be done in the case. After listening to both sides Judge Sue Carol Browning modified Mosher's bond from $250,000 to $50,000. Wheeler says Mosher's husband is working on getting that money and he says that she will be released on bond. But he admits it will not be an easy case to try in court.
Wheeler says: "It'll be difficult to defend her because two influential people have been killed and sympathy lies on the side of people who have been killed."
Although he says it will be difficult to argue Mosher's case in South Central Kentucky he says he does not anticipate asking for a change of venue.
The tests results that showed marijuana in Mosher's system were only preliminary. The Commonwealth is awaiting the results of blood and urine tests performed at the Kentucky State Police crime lab that can more accurately pinpoint whether Mosher was under the influence at the time of the accident.