Published: June 06, 2008 09:25 pm         

Appellate court upholds sentence for drug dealer

Burnside man given 12-year term

The Kentucky Court of Appeals, in a decision to be published, affirmed a 12-year sentence for a Pulaski County man Friday who was convicted of two counts of first-degree trafficking by a jury at the beginning of last year.

According to a press release from Commonwealth Attorney Eddie F. Montgomery’s office, Greg Dillman, 41, of Burnside stood trial in January 2007 on trafficking charges after he sold narcotics to an undercover witness working with the lake Cumberland Area Drug Task Force.

During that trial, Dillman contended that he had been “entrapped” into selling those drugs. Despite the defense’s case, the jury recommended a 12-year sentence, and Pulaski Circuit Judge David Tapp imposed the sentence.

Dillman appealed the verdict and claimed that there had been numerous irregularities in the trial, including the following:

• that his right against self-incrimination was violated

• that evidence of prior bad acts were improperly admitted against him

• that he was improperly asked questions about incriminating statements made in 2002 relating to another drug case

• that the Commonwealth did not provide certain evidence in a timely manner

• that the jury should have been instructed that Dillman was merely a “facilitator” to the drug deals.

Evidence was released to the contrary after the appeal was filed, including an incident in 2002 in which Dillman reportedly told Russell County police that he was involved in drugs because he “could make three times the money,” according to the release.

The Court of Appeals, in rejecting Dillman’s issues, held that Dillman placed himself at peril by taking the stand in his own defense. In addition, the Court ruled that the evidence did not support the theory that Dillman was merely a facilitator to another drug deal, but was an active participant.

The Court also held that the evidence regarding Dillman’s 2002 statements were given in a timely manner, stating that the Commonwealth acted “in as prudent a manner as possible…”

Finally, the Court ruled that the questions regarding Dillman’s sources of drugs was a fair game once he chose to take the stand.

“I’m pleased with this verdict. This was a clean jury trial, well judged and fairly held,” Montgomery said. “My office put on a good case and I’m glad the Court of Appeals recognized that. Since it is a published decision, it will be precedent for other prosecutors to use around the state.”

Montgomery also thanked UNITE Prosecutor Dalton for his efforts in this drug prosecution.

     

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