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August 15, 2013

Molen Trial Continued

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

Somerset —

A Pulaski County sheriff’s deputy accused of violating two victims’ civil rights by using excessive force during their arrests won’t be going to trial until Dec. 17, 2013.
U.S. District Judge Danny C. Reeves on Tuesday granted a continuance request from Deputy Steven Molen’s defense team. Attorneys Patrick F. Nash, Joe A. Jarrell and Brandon D. Marshall had stated in their request that the request for discovery process had turned up so much evidence from federal prosecutors that they would be unable to fully prepare for a trial date of Sept. 9. 
Reeves and U.S. Magistrate Judge Hanley A. Ingram, who is overseeing the hearings leading up to Molen’s trial, agreed that a tight trial schedule would deny Molen’s defense team reasonable time to prepare.
In Ingram’s order, filed electronically on Wednesday, several facets of the defense team’s request for continuance were mentioned.
“ ... Defense counsel indicated that discovery is complete except for a few minor matters, but that several factors necessitate an extension of the trial date, including: 1) review of 2,500 pages of discovery produced; 2) review of 40 videos and 14 audio files produced; 3) a possible forthcoming related indictment of (Molen) in the Western District of Kentucky; 4) the need to investigate more than 40 potential fact witnesses; and 5) the need to engage a use-of-force expert,” stated Ingram. 
Molen’s attorneys requested a trial date in approximately three months, and Ingram ordered that the new trial date be set for Dec. 17, 2013 at 9:30 a.m. in U.S. District Court in London. 
Molen was indicted in June 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. 

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