The Kentucky Court of Appeals has denied a petition requesting that they force Christian Circuit Judge John Atkins to grant a previous motion to dismiss a forgery charge against retired Hopkinsville Police Lt. Jefferson Alexander.
A grand jury indictment was returned in March of 2019 against Alexander for first-degree perjury. It stems from an FBI investigation which brought allegations that on August 17th, 2012, he gave false testimony on three occasions when he was the only sworn witness before a grand jury that indicted former Hopkinsville City Councilmember Ann Cherry on charges of tampering with a witness, tampering with public records, and second-degree official misconduct.
The Hopkinsville Police Department alleged Cherry hindered their investigation into the ‘Southside Prowler’ case by using her official capacity as a member of council.
Cherry accepted a deal in 2013 that required her to step down from her council position and to never run for election to council or for mayor of Hopkinsville in the future. The charges were dropped under the agreement.
Special prosecutor Carrie Ovey-Wiggins was prepared to dismiss the perjury charge in January, but Cherry invoked Marsy’s Law for standing as an alleged victim and Judge Atkins gave time to the Attorney General’s Office time to decide how to best proceed.
The initial special prosecutor, James Lesousky, was called back into action and he is prepared to take the case to trial.
Defense attorney Eric Eaton contended Marsy’s Law gives Cherry no standing in the case, because the Commonwealth and defendant agreed in January that no crime had been committed, which would mean there would not be a victim in the matter.
In its decision entered this week, the Court of Appeals ruled Judge Atkins acted appropriately and the case will proceed.