The special prosecutor in the perjury case against retired Hopkinsville Police Lieutenant Jefferson Alexander was prepared to dismiss the charge Wednesday morning, but the victim in the case—former Hopkinsville City Councilmember Ann Cherry—was able to at least delay that process.
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 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.
56th District Commonwealth’s Attorney Carrie Ovey Wiggins is the special prosecutor and intended to dismiss the perjury charge Wednesday, but Judge John Atkins said Cherry is attempting to invoke provisions of Marsy’s Law—the crime victim’s bill of rights constitutional amendment approved last year—as a way to have standing in the case to stop the dismissal.
Judge Atkins gave Cherry time to air her grievances with the Attorney General’s Office before accepting the dismissal.
The judge gave Cherry, the Commonwealth and defense attorney Eric Eaton until February 12 to file any briefs stating their position and the parties will then be consulted to schedule a new hearing.
Listen to the entire hearing below:
