Commonwealth Journal

Local News

July 26, 2013

Molen’s defense attorneys ordered to stay on case

Judge denies defense team extension

(Continued)

Somerset —

U.S. Attorney Kerry B. Harvey had stated no objection to the request in a document filed on Tuesday.
Reeves, in his order filed Wednesday, stated that “due to concerns of delay, the Court declines to extend this deadline further. 
“And because the time period originally set by the magistrate judge has elapsed, Mr. Jarrell and Mr. Nash are deemed counsel of record ...,” Reeves added. 
That essentially means that Nash and Jarrell must continue as Molen’s attorneys up through the trial, set for Sept. 9. 
Molen 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.” 
Whitaker filed a civil lawsuit against Molen in 2010 stemming from the Oct. 2009 incident mentioned in the federal indictment. The lawsuit was filed in early October 2010 and was resolved and dismissed in federal court in February 2011. 
It was during a 2011 hearing, requested by Whitaker’s attorney at that time, Scott Foster, that a number of witnesses testified that Molen had allegedly assaulted them in the past. 
Molen was the target of another lawsuit, filed in 2011 by Kevin McCoy, that was eventually dismissed as well. 
Molen has pleaded not guilty to both charges contained in the federal indictment. 
It was during the July 11 hearing in U.S. District Court in London when prosecutor Patrick Molloy, with the U.S. Attorney’s Office in the Eastern District of Kentucky, stated the short time-frame leading up to Molen’s trial may make it difficult for prosecutors to make their evidence accessible to the defense. 

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