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Choats
To Plead Innocent to Multiple Charges, Demand Speedy Trial |
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Bobby Foust |
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Tribune-Courier Guest Writer |
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09-29-04 |
Lyon County Attorney
Lindell Choat and his wife, Mary Jane, will plead not guilty
in Marshall Circuit Court Thursday to multiple charges
stemming from a teen party they hosted at Kentucky Dam Village
State Resort Park last February.
They “will ask for and demand a speedy trial,” said their
attorney Mark Bryant during a news conference at Bryant’s
Paducah office Wednesday.
Special Prosecutor Mac Johns has said he anticipates a trial
next spring, but Bryant’s partner, Will Kautz, said he will
probably ask for an earlier trial date.
The charges include witness and evidence tampering stemming
from Mary Jane’s alleged pelvic examination of a juvenile
suspected of having been raped, and Lindell’s Choat’s alleged
attempt to persuade two police officers to drop their
investigation.
The Choats held hands during the news conference, but said
nothing, allowing The Bryant Law Center to speak for them.
At the Choats’ arraignment Thursday, Kautz said he will file
several motions on their behalf including a motion to see
grand jury testimony. And he said he will question
non-existent sections and sub sections of the criminal code
referenced in the indictment.
“It’s hard to prepare for a trial based on an indictment that
alleges non-existent sections and sub sections,” said Kautz.
“My guess is that’s a typographical error.”
He said neither of the Choats appeared before the grand jury
nor were they asked to appear.
Bryant said Lindell Choat “will remain the county attorney and
he will not resign.” He will continue as legal adviser to the
fiscal court and to receive full pay.
“Grounds for his removal are limited to felony conviction,”
Bryant said. “I remind you that Mr. and Mrs. Choat are
presumed ... to be innocent of any crime. That means you
should give them the benefit of the doubt until you hear all
of the facts of this case.”
Choat is suspended however from prosecuting cases in Lyon
District Court pending resolution of the case. Dan Boaz,
county attorney in McCracken County, has been appointed
special prosecutor for Lyon District Court.
Bryant said he had hoped to give reporters “a lot of
information about this case, but we got a Bar Association
opinion that limits what we are allowed to say to you.
“I was really planning and preparing to tell you everything
about this case because we don’t have anything to hide,”
Bryant said. “I wish the public did know what happened up
there that day. ... There are people who just automatically
think that if you are charged, you must be guilty.
“I can’t talk about it. I can just tell you that we want a
trial, and we want it real fast,” Bryant said.
Bryant said the rules of professional conduct greatly limit
what he could say about Lindell Choat’s status as a
constitutional office holder, and professional ethics fordid
him from speaking about the merits of the case.
Regarding other parties reportedly hosted by the Choats at
which there was damage to park facilities, Bryant said he
didn’t think this was the first party that ever happened in
Marshall County.
Bryant said he couldn’t talk about other parties that might
have been hosted by his clients.
But he did comment regarding parties conducted by others in
the past at the park.
“I think there have probably been other parties, and I’m not
talking about my clients. I’m talking about governors and
United States senators and and people I’ve been present with.”
Bryant said no juveniles attended the parties to which he
referred.
A Marshall took less than two hours last Thursday to indict
Lindell and Mary Jane Choat on 18 and 14 counts respectively.
And the grand jury also indicted Scott Hollis of Princeton on
a charge of attempted rape of a juvenile girl who was
“helpless” at the time.
The Choats are free on bond, but Hollis remains jailed in
Marshall County in lieu of $25,000 cash bond.
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