Following a lengthy evidentiary hearing in Christian Circuit Court Thursday, a motion to dismiss the indictment against Pembroke triple murder suspect Christian “Kit” Martin was denied.
The case is set to go to trial in June, but defense attorney Tom Griffiths—who represents Martin—argued that testimony given by then Kentucky State Police Detective Scott Smith to the grand jury that resulted in an indictment was in error, particularly in reference to cell phone tower data.
Assistant Attorney General Barbara Whaley is the special prosecutor in this case and says that now Lt. Smith never once gave false testimony, arguing that the cellphone data isn’t the only evidence in the case—there is also ballistics evidence and evidence of motive that make Martin the suspect.
Both Lt. Smith and a cellphone tower data expert testified via Zoom about the specifics of that evidence and what conclusions the FBI was able to come to in the investigation, and what was up to interpretation. Circuit Judge John Atkins denied the motion to dismiss, saying he saw no proof that Lt. Smith gave false testimony to the grand jury, and that other evidence is substantial in the case.
Martin is charged with three counts of murder, arson, attempted arson, first-degree burglary and three counts of tampering with physical evidence in connection with the deaths of Calvin Phillips, Pamela Phillips and Edward Dansereau. Each count of the indictment alleges Martin acted “alone or in complicity with others or another.” He could face the death penalty, if convicted.