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Bell Circuit Court hands down indictments
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PINEVILLE — Bell County Circuit Court recently handed down the following indictments:

Joseph Edward Smith, 31, of Crab Orchard, Ky., was indicted for failure to comply with sex offender registration, as a first offense. Smith’s indictment alleges that on or about May 27, 2009, he — being a sexual offender in the state of Kentucky — failed to register with the Commonwealth of Kentucky as directed.

Katherine Michelle Howard, 40, of Middlesboro was indicted for theft by unlawful taking or disposition over $500. Howard’s indictment alleges that on or about June 6, 2009, she — being an employee of Lee’s Food Mart — unlawfully took or exercised control over approximately $2,333.81 in cash by failing to make a deposit, without the permission of and with the intent to deprive Lee’s Food Mart.

Leslie H. Crigger, 66, of Middlesboro was indicted for second degree trafficking in a controlled substance, as a first offense. Crigger’s indictment alleges that on or about October 7, 2009, he knowingly and unlawfully sold Hydrocodone, a Schedule III narcotic, as a first offense.

Misty D. Gullett, 35, of Middlesboro was indicted for second degree trafficking in a controlled substance, as a first offense. Gullett’s indictment alleges that on or about October 27, 2009, she knowingly and unlawfully sold Hydrocodone, a Schedule III narcotic, as a first offense.

April Joyce Davis, 32, of Middlesboro was indicted for first degree trafficking in a controlled substance, as a first offense. The Davis indictment alleges that on or about October 27, 2009, she knowingly and unlawfully sold Oxycodone, a Schedule II narcotic, as a first offense.

Phillip G. Brock, 26, of Middlesboro was indicted for two counts of first degree trafficking in a controlled substance, both as a first offense. Brock’s indictment alleges that on or about November 2, 2009, he knowingly and unlawfully sold Oxycodone, a Schedule II narcotic, as a first offense.

James Franklin Davis, 32, of Middlesboro was indicted for first degree trafficking in a controlled substance (first offense), and second degree persistent felony offender. The Davis indictment alleges that on or about November 13, 2009, he knowingly and unlawfully sold Oxycodone, a Schedule II narcotic, as a first offense. At the same time and place, he — being more than 21 years of age — had been convicted of one prior felony.

Tressa L. Holland, 40, of Middlesboro was indicted for first degree trafficking in a controlled substance, as a first offense. Holland’s indictment alleges that on or about November 30, 2009, she knowingly and unlawfully sold Oxycodone, a Schedule II narcotic, as a first offense.

Preston Adam Emmett, 25, of Middlesboro was indicted for trafficking in a controlled substance within 1,000 yards of a school. Emmett’s indictment alleges that on or about November 30, 2009, he knowingly and unlawfully sold Marijuana, a controlled substance, to a confidential informant within 1,000 yards of West End School in Middlesboro.

Lisa L. Cloud, 48, of Middlesboro was indicted for first degree trafficking in a controlled substance (first offense), third degree possession of a controlled substance (first offense), and use or possession of drug paraphernalia (first offense). Cloud’s indictment alleges that on or about December 31, 2009, she knowingly and unlawfully sold Oxycodone, a Schedule II narcotic, as a first offense. At the same time and place, she knowingly and unlawfully possessed Alprazolam, a Schedule IV controlled substance, as a first offense, and was also found to be in possession of drug paraphernalia, as a first offense.

Terry L. Hampton, 49, of Pineville was indicted for theft of identity of another without consent. Hampton’s indictment alleges that on or about January 1, 2010, he knowingly used the name and date of birth of his brother, Edward D. Hampton, without his consent, and for the purpose of avoiding detection.

An indictment is an accusation only. Individuals who are indicted are considered innocent unless proven guilty in a court of law.
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rick_garr
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February 16, 2010
OK, let's try one more time to get this right: Bell Circuit Court doesn't return indictments. The county grand jury does. Indictments are not handed down. Court rulings and written opinions are handed down. The judge or judges, depending, sit up on an elevated bench and physically hand the paperwork down to a clerk for recording and dissemination. When a grand jury returns true bills (or no rue bills, if the prosecutor did not make a sufficient case, the foreman of the grant jury approaches the presiding judge and hands the paperwork up to the bench. Thus, the correct phrasing is, the grand jury handed up indictments. There is no physical way for the foreman to hand the paperwork down.
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