Glasgow Daily Times, Glasgow, KY

Local News

August 23, 2012

Bennett discovery motion denied

Prosecution doesn’t have to release info on witnesses’ alleged affairs

BOWLING GREEN — One of the deputies in the federal case against Barren County Sheriff Chris Eaton will not be allowed to see information from federal prosecutors involving alleged extramarital affairs of government witnesses.

Chief Judge Joseph McKinley Jr., of the United States District Court of the Western District of Kentucky in Bowling Green, denied the motion on behalf of Deputy Aaron Bennett, who moved for the court to order the United States to turn over “any information it may have regarding the extra-marital affairs of any government witness,” according to the order filed on Wednesday.

Bennett faces deprivation of rights charges with Eaton and fellow deputy Eric Guffey, along with a charge of giving false information to federal investigators.

In his motion, Bennett argued the information regarding the affairs “may be relevant to show bias or motive and should have been provided to defendants in the discovery given this evidence is subject to a motion in limine [motion that excludes evidence from being presented at trial] by the United States.”

For their part, federal prosecutors argued it does not possess evidence to suggest any witness testimony would be motivated by bias based on alleged affairs.

“The United States notes, however, that ‘the information in its possession is very personal and sensitive, and implicated defendant Bennett himself in such conduct,” McKinley’s order stated.


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