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Lindell Choat
will keep his job as Lyon County Attorney after a jury
acquitted him of all charges in Marshall Circuit Court late
Monday. And his lawyer expects he will return to his duties
as a prosecutor immediately.
He had been
suspended from those duties since he and his wife, Mary
Jayne, were indicted on felony and misdemeanor charges
nearly a year ago. Those charges including allegations that
they tampered with evidence of a rape.
The verdicts
mean Choat's record, on which he may seek reelection next
year if he chooses, remains unblemished.
The jury also
acquitted Mary Jayne Choat of the felony with which she was
charged, but jurors found her guilty on nine misdemeanor
counts of unlawful transaction with a minor for providing a
keg of beer for a teen party her son, Grant Embry, hosted at
Kentucky Dam Village State Resort Park on Feb. 13 following
the Lyon County homecoming basketball game.
Defense
Attorney Will Kautz confirmed that a plea agreement was
offered to Lindell Choat that would have avoided a stressful
trial and the chance of a felony conviction.
"I can't
exactly remember what the offer was because we didn't give
it serious thought," Kautz said. "I believe the offer was
that my client plead to misdemeanors, but as a condition, he
would have had to surrender his position as county attorney
in Lyon County. Throughout this trial my client has maintain
that while he admits exercising bad judgment, he did not
feel as if he broke the law."
Kautz elation
with the verdicts was obvious.
"We are tickled
pink," he said. "It's difficult to try a case where your
client admits having some involvement in basically a beer
party even though ... his involvement was after the fact.
The bad judgment was in not shutting down the party. He
admitted it . Whether you're a county attorney, a judge or
just a citizen, we're all people, we all make mistakes ...
and I am certain that both Mr. and Mrs. Choat have learned
from this mistake."
The Choat
family broke into hugs, tears and broad grins after the
verdicts were read.
Mary Jayne
Choat had admitted on the witness stand that she bought the
beer without telling her husband.
Special
Prosecutor Mac Johns, the county attorney in Todd County,
appeared disappointed but declined to speculate on why the
jury acquitted the defendants on the more serious charges.
"It was my
belief that the evidence was very compelling," Johns said.
"But I make it a habit not to second guess juries. They
speak at that moment as the conscious of the community, and
my of respect for the jury system prevents me personally
from commenting on why. ... They had
a fair presentation of the issues and chose to make their
decision as they did."
Originally
Lindell Choat was charged with two counts of tampering with
a witness in connection with conversations he had with
Princeton Police Officer Abigail Tucker and Marshall County
Detective Kevin Byars; one count of tampering with physical
evidence for allegedly allowing his wife to perform a pelvic
examination on the alleged rape victim; two counts of
official misconduct and 13 alcohol related counts. Mrs.
Choat was charge with tampering with physical evidence for
allegedly
performing a pelvic examination on the alleged victim who
was 17; and 13
alcohol related counts.
Testimony
earlier in the trial indicated the pelvic examination Mrs.
Choat allegedly performed was visual only.
Scott Hollis of
Princeton, 20, pleaded guilty to second-degree sexual abuse
of the girl in February.
Judge Dennis Foust directed verdicts of acquittal of Lindell
Choat on the charges that stemmed from his conversation with
Tucker and the tampering with physical evidence charge.
Foust said he
directed the acquittal verdicts because the state's evidence
wasn't sufficient for a conviction. The judge also directed
verdicts of acquittal on four misdemeanor counts for both
Choats because the state failed to establish birth dates for
four of the minors.
The tampering
charges are Class D felonies punishable upon conviction by
one to five years in prison on each count.
The six-man,
six-woman jury deliberated three hours and 20 minutes before
returning the verdicts. They deliberated another 20 minutes
before recommending that Mrs. Choat pay a $500 fine on each
misdemeanor count for a total of $4,500 plus court costs.
In sentencing
Mrs. Choat, Foust advised her that she had 30 days in which
to appeal the conviction. However, her attorney, Emily
Roark, indicated she would pay the fines shortly. The
verdicts ended a weeklong trial in which more than two dozen
witnesses testified including Choat who took the
stand Friday morning and Mrs. Choat who gave emotional
testimony Thursday.
The case went
to the jury at 5:20 p.m. Shortly after 7:30 p.m. jurors sent
a note asking Foust for a definition of the phrase "provided
for them."
The judge
called the attorneys back to the courtroom and sent word to
the jurors that he could not "supply that information."
Verdicts were returned at 8:42 p.m. Lindell Choat, the final
witness testified that his wife's wish for "Grant to have
his day caused me to set aside" better judgment.
Choat said the
last "11 months and some days, have been the roughest, most
embarrassing and costly" of his life. He testified that
during that period his law partner left, he has been
shunned, indicted and he has lost business in his private
law practice. |
