Kentucky

The following press release was received from the pro se litigant James Faller announcing a law suit filed by him against the Kentucky Bureau of Investigation.  He also maintains a blog for you to track down the progress of this suit and examine his pleadings at http://rcjusticewatch.blogspot.com/.

On January 8, 2008 a lawsuit was filed against the Kentucky Bureau of Investigation, KBI agents Kelly Hensley and John Dudinskie, Kentucky State Police detective Scott Hammond and Russell Springs Police Chief Joe Michael Irvin in Jamestown Kentucky.

In addition to the complaint case no. 08-CI-00007, a motion for an emergency hearing, an emergency motion to poll grand jury for tampering, a motion disqualifying the Attorney Generals office and the KBI along with a restraining order against the above named defendants were also filed.

The complaint filed by James Stuart Faller II of Russell Springs Kentucky states that KBI agents Dudinskie and Hensley conspired with Irvin and Hammond to obstruct an ongoing Grand Jury investigation. Faller began filing complaints about corruption of officials in Russell Springs with the Attorney Generals office in 2004. The Attorney Generals office through its Prosecutors Advisory Council then appointed Special Prosecutor Barry Bertram to take Faller's testimony in front of the Russell County Grand Jury.

Faller testified in front of the Grand Jury on November 28th, 2007 for two and half hours before Bertram stopped Fallers testimony and convinced the Grand Jury to allow KBI to investigate first and report back.

Agents Dudinskie and Hensley were appointed by KBI to investigate Fallers complaints given to the Grand Jury against Irvin. However at some point, KBI Agent Dudinskie who was charged with investigating Russell Police Chief Joe Michael Irvin and KSP Detective Scott Hammond in their malicious prosecution of Leon Grider; then began a second investigation along with Irvin and Hammond against Grider. Thus, Dudinskie and Hensley were conducting simultaneous investigations against Irvin and Hammond; while at the same time working closely with Irvin and Hammond to investigate Grider and Faller.

Unfortunately, Dudinskie and Hensley took their investigations a step further into harassing and coercing witnesses who were expected to speak before the Grand Jury against Irvin and Hammond. An affidavit attached to the Emergency Motion to Poll Grand Jury as exhibit 8; sworn testimony states how KBI agent Hensley attempted to intimidate Lesa McCoy into making a false testimony that McCoy was performing sexual acts on Leon Grider for Prescriptions drugs. KBI Agent Hensley humiliated McCoy in public on Main Street in Russell Springs for an hour, telling McCoy's fifteen year old daughter who was with her at the time that KBI knew that McCoy was performing sexual favors for pain medication. McCoy refuted KBI sex for drugs assertion. Then Agent Hensley advise McCoy to change pharmacies stating that "[KBI] never had problems with [other pharmacies].

Melinda Loy, a material witness to testify before the Grand Jury and an employee of Grider Drug gave an affidavit as Exhibit 5, of how Police Chief Irvin was following her around at a minimum of at least fourteen times and that statements she gave to KBI Agent Dudinskie on three occasions were passed on to Chief Joe Michael Irvin. In Sammy Hatfield's affidavit in Exhibit 4, agent Dudinskie told Hatfield that Dudinskie "had to tell Irvin about" Hatfield's and his fiancés Samantha Crosslans testimony to Dudinskie and the Grand Jury.

The day after Crossland and Hatfield gave statements against Irvin and Hammond, at 8:30 the next morning; Social services reported that a phone call had reported that Crossland and Hatfield were drug users and had crack, Oxycotin, Zanax, and Marijuana in the home with a new born baby present. Crossland and Hatfield passed a drug test.

The complaint also raises the question of whether the KBI passes Constitutional muster. KBI was created by outgoing Attorney General Greg Stumbo and was never legally ratified by the legislature or the executive branch of the Kentucky Commonwealth. The full complaint and motions can be found online at http://rcjusticewatch.blogspot.com/