Commonwealth Journal

Local News

July 31, 2013

Molen’s lawyers file motions for discovery with feds

Deputy is facing civil rights charges

Somerset —

The case of a Pulaski County deputy accused of violating victims’ civil rights while on the job continues to march toward a trial date. 
Lawyers Patrick F. Nash and Joe A. Jarrell, the defense team for Steve Molen, on Wed-nesday filed sever-al requests for dis-covery from U.S. prosecutors.
The motion is the latest in a case that has moving forward at a clip-ped pace toward a tentative Sept. 9 trial date in U.S. District Court in London, set by U.S. District Judge Danny C. Reeves.
Molen in late June was indicted on two counts of violating the civil rights of two victims in incidents from October 2009 and October 2011. The two victims, identified only as D.W. and G.C. in court documents, are local tow truck company owner Danny Whitaker and Pulaski County resident Gordon Cowan. 
The indictments state that Molen “willfully deprived (the victims) of the right, secured and protected by the Constitution of the United States, to be secure in his person against unreasonable seizures, which includes the right to be free from the use of unreasonable force by a person acting under color of law.” 
Molen has pleaded not guilty to both federal charges. 
Nash and Jarrell are asking that the U.S., led by prosecutor Patrick Molloy, make accessible to the defense any and all evidence prosecutors have gathered in their case against Molen. 
In one of three requests filed on Wednesday, Nash and Jarrell are asking for evidence pursuant to Brady v. Maryland.
“Under Brady, the government should disclose any evidence in its possession that is both favorable to the defendant and material to the issues of guilt or punishment, and which is not otherwise covered by defendant’s request under Rule 16(a) ...”
Those pieces of evidence include “ ... disclosure of the existence of witnesses favorable to the defendant, witness statements favorable to the defendant, evidence tending to affect the credibility of evidence to be used by the government, promises of non-prosecution made to a government witness, any other arrangement between the government and a witness that is beneficial in any way to the witness, and any other evidence exulpatory of defendant.”

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