Commonwealth Journal

News Live

August 15, 2013

Molen Trial Continued

Sheriff's deputy accused of using excessive force goes to trial in December

(Continued)

Somerset —

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 the charges.
According to U.S. Prosecutor Patrick Molloy and Ingram’s statement, a third federal indictment may be on its way, this time in U.S. Western District Court in Bowling Green. Molloy, during Molen’s arraignment in July, stated the alleged incident happened “just over the line in Russell County.”
U.S. prosecutors during the arraignment announced their intention to offer what’s known as Rule 404(b) evidence, or evidence of other crimes or wrong acts that may be used in court for proof of motive, opportunity, intent, or other factors. 
The request for discovery — a process during which one party can access evidence produced by another party — turned up 53 uncharged incidents to be used as possible 404(b) evidence, which allegedly occurred between October 2005 and May 2012, a span of six-and-a-half years. 
All of the incidents involve Molen making legitimate and lawful arrests, but using “some level of force based on the misconduct of the arrestee,” according to court documents.
The U.S. has stated it only intends to focus on fewer than 10 of those alleged incidents. But that still leaves a mound of evidence prosecutors expect to use in the case. 
“The Court finds that the failure to grant a continuance of the length outlined above would deny the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence,” stated Ingram in the order. “Further, the ends of justice served by continuing the trial date in this case outweigh the best interest of the public and the defendant in a speedy trial.”

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