Molloy also stated that he is anticipating a third case against Molen to be brought before a grand jury, this time in U.S. District Court in the Western District of Kentucky, stemming from an alleged incident that he said occurred “just over the county line in Russell County.”
Nash, Molen’s attorney, said he has worries about the quick turn-around on the trial date.
“I fear this is an overly-ambitious schedule,” said Nash.
Also discussed during the approximately 30-minute hearing were the conditions of Molen’s release. Molen is still active with the sheriff’s department, and he remains on unsupervised release while his case moves forward.
Molloy said he had concerns about Molen possessing a weapon during his release, and stated there could be a way to limit Molen’s duties to ensure he doesn’t need a weapon.
“I just have to think there are reasonable alternatives to having a firearm,” said Molloy, who noted Molen’s duties could be kept to the office.
“I think the law is pretty clear on a felony charge,” added Molloy. “Once you’re arraigned, you are prohibited from possessing a firearm.”
Ingram said he somewhat disagreed with Molloy, and stated Molen may need to retain his service weapon while carrying out his duties as a deputy.
“I don’t know the circumstances in which he (Molen) might need one (a gun) or be put in harm’s way,” said Ingram.
Ingram stated that Molen would be required to remove his personal guns from his possession while his case is active. He will be able to keep his service weapon.
Molloy predicted the trial could be at least a week long.
Molen has been accused of using excessive force over the past several years. 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.