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The trial for Lyon County Attorney Lindell Choat and his wife Mary Jayne Choat was scheduled for Jan. 19 through 21, 2005, during their arraignment Thursday in Marshall County Circuit Court.

Judge Dennis Foust said he is booked with trials as far ahead as next July, but he would move other trials to accommodate this one.

“The court will make this a priority case,” he added.

Representing the couple are attorneys Mark Bryant and Will Kautz of Paducah. Kautz said at the arraignment that the Choats have a black cloud over their heads until the trial is over, so he appreciated Foust accomodating them.

While Special Prosecutor Mac Johns said he does not anticipate the trial taking three days, he and Kautz seemed to agree that it would be best to allot that much time. Johns was appointed by Attorney General Greg Stumbo’s office to handle the case.

The Choats’ pre-trial conference was set for 3 p.m. Dec. 13 at Calloway County Circuit Court.

Wednesday at a press conference, Bryant announced Choat will remain Lyon County attorney, though the law requires another person to perform his duties.

“Grounds for his removal are limited to felony conviction,” Bryant said. “I remind you that Mr. and Mrs. Choat are presumed under the law to be innocent of any crime. That means you should give them the benefit of the doubt until you hear all the facts of this case.”

While Bryant said he wished he could share the “merits of this case,” he said Rules of Professional Conduct prevented him from even stating his personal opinion of the case.

He did say the couple intended to enter pleas of not guilty to all charges against them.

The charges stem from the investigation of a Feb. 13 party the Choats apparently held for Mrs. Choat’s son and 75 to 80 other teenagers at Kentucky Dam Village State Resort Park.

Indictments suggest they supplied a keg of beer and tried to cover up the attempted rape of a 16-year-old girl. Christopher Scott Hollis, 19, of Princeton, is charged with first-degree attempted rape.

Lindell Choat faces 18 charges:
— One count of tampering with physical evidence (Class D felony)
— Two counts of tampering with a witness (Class D felonies)
— Two counts of first-degree official misconduct
— 13 counts of third-degree unlawful transaction with a minor (Class A misdemeanors).

Mary Jayne Choat is charged with one count of tampering with physical evidence and 13 counts of unlawful transaction with a minor.

Both charges of tampering with physical evidence allege Lindell Choat allowed Mary Jayne Choat to conduct an illegal pelvic examination of the 16-year-old girl “to determine whether or not the person had been raped and to prevent those present from reporting that a crime may have been committed ... thus concealing any potential evidence that a crime may have occurred and preventing its introduction at trial,” the indictment read.

The witness-tampering charges against Lindell Choat accuse him of attempting to persuade Princeton Police Officer Abigail Tucker and Marshall County Deputy Sheriff Kevin Byars not to investigate the attempted rape because “he had taken care of the matter and there was nothing to it,” according to the indictment.

The two counts of official misconduct allege Lindell Choat failed to report the suspected rape and concealing aspects of the crime by having his wife conduct a pelvic examination on the victim.

Choat’s second official misconduct charge alleges he “hosted a party for 75 to 80 juveniles and provided a keg of beer to those in attendance without supervising who was old enough to drink alcohol, which is inherit with his office as Lyon County Attorney,” the indictment read.

The third-degree unlawful transaction with a minor charges accuse the Choats of providing a keg of beer to 75-80 juveniles.

Thursday at his arraignment, Hollis’ pre-trial conference was set for Dec. 13, the same day as the Choats’ conference. His trial date will be scheduled then.
His attorney, Willard Paxton, asked that his bail be lowered from $25,000 cash. He said Hollis, a lifelong resident of Caldwell County and a 2004 high school graduate, is employed by his father and has never been arrested.

Foust ruled on the prosecution’s recommendation that Hollis’ bond be set at $10,000 cash or property valued at $20,000. He must maintain employment, abide by a curfew of one hour before work and one hour after work and have no contact with potential witnesses.
Paxton said Hollis will plead not guilty to the attempted rape charge.