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Lyon prosecutor Choat indicted

As seen in the Paducah Sun

Lindell Choat Lyon County Attorney

Choat

 

By Bill Bartleman

Friday, September 24, 2004

BENTON, Ky.

Lyon County Attorney Lindell Choat and his wife, Mary Jane Choat, are facing multiple felony and misdemeanor charges related to a February beer party police say they hosted for 75-80 teenagers at Kentucky Dam Village State Resort Park, according to indictments returned Thursday by a Marshall County grand jury.

The grand jury also charged Christopher Lee Hollis, 19, of Princeton with attempted rape of a 16-year-old girl who attended the party. The indictment said the girl was "physically helpless" at the time, apparently because she had consumed too much alcohol.

The indictment said the Feb. 13-14 party was for Mary Jane Choat's son. It was held in a rented cabin at the park after Lyon County's homecoming basketball game.

The Choats are charged with attempting to conceal the attempted rape, trying to influence police officers not to investigate the attempted rape and with providing a keg of beer without supervising who was old enough to drink.

The Choats turned themselves in to Marshall County authorities Thursday morning and were released on $10,000 bond each. Hollis had not been arrested late Thursday afternoon. His bond was set at $25,000. They are to be arraigned before Marshall Circuit Judge Dennis Foust on Thursday.

Choat automatically was suspended from his prosecutorial duties in Lyon District Court, according to Todd County Attorney Harold Johns, who was appointed by Attorney General Greg Stumbo to prosecute the case. A special prosecutor is expected to be appointed today to handle Choat's cases in Lyon County, a spokeswoman for Stumbo said.

Lyon Judge-Executive Sara Boyd said she wasn't sure of Choat's future as the county's legal adviser. "We'll have to look into that," she said. As of 4 p.m., she said he had not resigned.

Lindell Choat is charged with one count of tampering with physical evidence and two counts of tampering with a witness, which are felonies, and two counts of first-degree official misconduct and 13 counts of third-degree unlawful transaction with a minor, which are misdemeanors.

Mary Jane Choat faces one count of tampering with physical evidence and 13 counts of unlawful transaction with a minor.

If convicted of the felony charges, they face up to five years in prison while the maximum sentence for the misdemeanor charges is one year in jail.

Hollis' attempted rape charge is a Class B felony, which carries a punishment of 10 to 20 years in prison.

The tampering-with-physical-evidence charges accuse Mary Jane Choat of performing "an unlawful pelvic examination" of a minor girl to determine if the girl had been raped. The unlawful examination concealed "any potential evidence that a crime had occurred and preventing its introduction at trial," the indictments said.

The tampering-with-a-witness charges against Lindell Choat say that he tried to persuade a Princeton police officer and a Marshall deputy sheriff not to proceed with a criminal investigation into the alleged rape by telling the officers he "had taken care of the matter and there was nothing to it."

The official misconduct charges relate to Lindell Choat's failure to report a suspected rape, which he is required to do as an officer of the court, and for providing alcohol to underage drinkers.

The unlawful-transaction-with-a-minor charges relate to providing beer to underage drinkers, including several who were 15.

The Marshall County Sheriff's Department began the investigation soon after the party and turned it over to special investigators for the attorney general's office. Johns was then appointed special prosecutor to oversee the investigation.

 

 

   

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