The state’s top prosecutor has stepped in to help the Fayette County Commonwealth’s Attorney in his efforts to overturn a judge’s controversial dismissal of a murder charge last year.
Attorney General Russell Coleman announced Tuesday that his office has appealed the dismissal of an indictment for a Lexington man accused of first-degree murder in a July 2020 hit-and-run.
Fayette Circuit Judge Julie Muth Goodman exceeded her authority by preventing the case from going to a jury, Coleman said.
In December 2023, Goodman fired the case against Cornell Denmark Thomas II37, who was accused of causing the car crash near Leestown Road that killed 50-year-old Tammy Botkin of Lexington.
Upon his dismissal, Goodman accused the Fayette Commonwealth’s Attorney’s Office of misconduct for a “standard” of seeking harsher sentences against black defendants.
What happened in the Thomas case
Botkin died in the crash on July 3, 2020. Lexington police said Botkin was turning from Boiling Springs Drive onto Leestown Road when his vehicle was struck by an SUV that was being driven “at a high rate of speed,” which caused your car would catch fire.
Thomas tried to flee before he was caught by police and taken to the hospital, police said.
Botkin was pronounced dead at the scene.
Goodman dismissed Thomas’ case because prosecutors were unable to establish that Thomas acted “wantonly or intentionally” during the incident, she wrote in December.
Prosecutors said Thomas was under the influence of drugs that induced psychosis before the incident, but no evidence presented over a two-year period could confirm that claim, according to Goodman’s 24-page ruling.
“The Commonwealth’s failure to provide its own expert, Dr. Allen, with all the evidence cannot be ignored,” Goodman wrote. “…By correcting the report (and including new drug test results), therefore, the Commonwealth would have no basis to pursue charges.
“The Commonwealth’s failure to correct the report – which misled this Court and would have potentially misled the jury – is evidence of prosecutorial misconduct.”
Coleman acknowledged Goodman’s findings in the press release but asked the Court of Appeals to reverse its decision and reinstate the charge, saying Baird and his team are prosecuting the case “fully and fairly.”
“Now, it is the role of the jury – and the jury alone – to decide guilt,” Coleman said. “We ask the Court of Appeals to correct this error, allow this case to go to a jury and bring justice to everyone involved.”
As for Goodman’s claims about the selection process, Coleman said they fall “far short” of the standards set by the U.S. Supreme Court and Kentucky’s criminal procedure.
Baird said he appreciated the attorney general’s support in appealing the court’s decision.
“I am disappointed with the Court’s decision and the reasons it gave for dismissing the charge,” Baird said. “Our prosecutors work hard to uphold the law, defending the rights of defendants and victims.”
Thomas case generates refusals and delays in legal proceedings
This spotlight from the Attorney General’s office highlights an already contentious battle between prosecutors and the Goodman court – which has seen three motions to dismiss and two appeals filed to overturn its rulings – in the space of six months.
Baird sent a request directly to the Kentucky Supreme Court to have Goodman disqualified from presiding over another murder case.
As of December 2023, the commonwealth’s attorney’s office has filed a request for Goodman to recuse himself from two additional murder cases, claiming the judge has a personal bias against the DA’s office and could not be impartial.
“At this time, the Commonwealth does not believe that this Court can be fair and impartial to the Commonwealth in any case currently pending before it,” Baird wrote in a previous motion.
The community’s first call for Goodman to resign came just weeks after Thomas’ firing, in which Goodman accused Baird’s office of looking disproportionately harsh punishments against minority defendants.
The decision launched Baird’s efforts to have Goodman recused from two other cases – and if she had her “druthers,” Baird admitted she would have Goodman removed from all criminal cases.
Other motions where Baird moved to recuse include the Darryl Russell affairs and James Hendron. Both cases are murder charges.
Russell, 53, was charged in March 2022 with the murder of 18-year-old Darian Webb, the son of Russell’s longtime girlfriend. His case is still pending. Goodman refused to recuse himself.
Hendron was convicted of murdering his son, Austin Hendron, on Father’s Day in June 2018. Goodman ruled he should have a new trial at a June 6 hearing originally scheduled as his sentencing. Baird plans to appeal that decision.
Appeals court overturns recent Goodman decision to release prisoner
If overturned, this would not be the first time that Goodman’s rulings have been reversed by a higher court.
If a case is tried in a county or district court and the losing parties involved are not satisfied with the outcome, they can request that a higher court review the correctness of the trial court’s decision.
The Court of Appeals on June 5 reversed a Goodman ruling that allowed the release of a man who was originally sentenced to 42 years in prison.
Defendant Gregory Simpson filed a writ of habeas corpus – a petition from a detainee to challenge his post-sentence detention – which he claimed was being unlawfully detained.
At the time of his 2023 appearance, Simpson was serving prison time for a 2018 conviction, but had racked up 10 charges dating back to 1997.
During this period, Simpson would be released on parole and commit other low-level crimes. Because of his prior convictions, his punishments were increased under the persistent offender statute, which can double or triple the maximum penalties for a crime.
Simpson argued in his motion that he should only serve a maximum sentence of 20 years. Goodman heard his case and released him from prison in January.
However, a director who housed Simpson filed an appeal, saying Simpson misinterpreted the case law he cited. The appeals court returned Simpson to custody.
The Kentucky appellate court consists of 14 judges, two elected from each of the seven appellate court districts. Judges are divided into panels of three to review and decide cases, with the majority determining the decision.
