By Jeremy D. Wells
Carter County Times
Judge Rebecca Phillips has set a jury trial date in the Tristan Mitchell case. Unless the defense and the Commonwealth come to agreeable terms on a deal before then, Mitchell will have his day in court, before a jury of his peers, on July 15. This new trial date comes after earlier dates were rejected by the defense attorney, due to complications with accessing documentation related to the case, and after the defense presented new evidence that the Commonwealth needs to review.
Mitchell had requested a speedy trial, and the judge had set a date for a jury trial next Tuesday, June 11. That date was set after an April trial date was rejected by the defense, who asked for more time for discovery.
While the defense attorney in the case told Judge Phillips that they wanted a speedy trial, he also told the judge he “wants to be prepared” explaining that his office had experienced technical issues associated with accessing items on the court’s docushare server. He told the judge that his office has now been able to access those files, after the Commonwealth provided assistance with navigating the system, and they have been downloaded for him to review.
The defense also provided new information in the form of an “expert’s report” that the Commonwealth had not seen yet and needed time to review.
Judge Phillips noted that there was, “no hint of an agreement at this point,” and told Mitchell that her, “concern is that you asked for a speedy trial, and I gave you a speedy trial,” but then his attorney ran into the issues with discovery. Because of the additional discovery time required for his attorney, and the Judge’s obligations in the other three counties she covers, she told Mitchell she was, “not sure when I’d be able to accommodate (you) with first case status.”
She said she could give Mitchell second case status during that time, but that she also had obligations to other defendants in those other counties.
“I want you to be aware, before you ask to continue,” she said. “Do you understand that?”
Mitchell and his attorney answered in the affirmative, and the Commonwealth stated they had no objection to pushing the date to July, noting that it should be “within our ability” to review the new defense evidence by then. Phillips told the attorneys that the court would sustain the motion from the defense to set a new trial date for July 15, unless the defense and Commonwealth came to a deal before then.
In other action on Monday afternoon, Judge Phillips gave Wendell Middleton and his defense attorney an additional two weeks to review and consider a plea deal in his sexual abuse and sodomy case. Middleton has been incarcerated at the Carter County Detention Center since June of last year on charges including two counts of first degree sexual abuse, and two counts of first degree sodomy. Middleton’s attorney had received an offer in the case the previous week, but had not yet had a chance to review it due to other state mandated obligations.
“You’re obviously under no obligation to accept (the deal),” Phillips told Middleton, but if he did choose to accept the deal, the court would allow him to change his plea at that time.
The judge also set another pretrial hearing in the assault, resisting arrest, and fleeing and evading police case against Billie Binion. She told attorneys for the defense and the Commonwealth that they had until June 17, and if they could arrange a deal by then she would convert the pretrial hearing to a change of plea. Binion has been in custody since January of 2023 on those charges, which include an inmate assault on a correctional office, following her arrest for a stabbing incident in Olive Hill on January 26 of last year.
The judge also advised Thomas Leslie that he would not be eligible for bond in the case before her because of another pending case in district court. Leslie, who has been held on charges related to domestic violence assault, wanton endangerment, and violation of a Kentucky emergency protection order/domestic violence order, has been held in custody since November of last year. Leslie inquired about the possibility of bond after the judge explained that the Commonwealth was in possession of some new evidence in the case, which they had shared with the defense. Phillips told Leslie that she was granting his defense two weeks to review that information, discuss it with him, and consider any new offers. But, she explained, he “can’t go anywhere” at the present time. Because of his other case in district court, she said, his conditional discharge had been revoked and he wouldn’t be able to leave the jail even if she set bond in his case.
Contact the writer at editor@cartercountytimes.com
Y’all be sure and stay alert as a reporter is in the city.
An investigative reporter that is, keep a good eye on people in public office such as city police chief an mayor etc.
Abuse of power in these areas have been known in small towns in eastern ky such as Olive Hill ..