State Supreme Court Changing KY Court Rules

The state Supreme Court  ruled on a tactic being used primarily in Jefferson County.  Fayette Commonwealth’s Attorney Ray Larson said some defense attorneys were intentionally waiting for a trial to begin before asking for some evidence to be thrown out like a breathalyzer test that might be deemed inadmissible.

Larson said he is tough on people who drink and drive.  Once, he was tough on himself.  More than 30years ago, he got a DUI.

"Next day, plead guilty, because I was guilty and yea, I quit drinking.  I didn’t need to be drinking.  I didn’t need that in my life, and so I just quit drinking," said Larson.

With success, some people in Kentucky have fought their charges.

73% of DUI cases tried by a Jefferson County judge from 2007-2012 judge ended in acquittal, according to the Courier-Journal.

Larson said some defense attorneys were winning cases waiting for the trial to start, and then asking for evidence to be thrown out.

"If the evidence was suppressed, then the case is over and you can’t retry it," said Larson.

He said this is because of double jeopardy.

"It’s gamesmanship and we really aren’t in the business of playing games," said Larson.

"I don’t think I would go that far.  It appears to me that what the attorneys in Louisville were doing was particularly specifically allowed by the rules, so I don’t see anything improper," said defense attorney Russ Baldani.

Baldani said he never used this tactic.  Baldani and Larson both said they couldn’t recall people doing this in Fayette County. Starting in January, it won’t be allowed.

The state Supreme Court ruled unless there are good reasons during a trial, attorneys must make motions to suppress evidence before trials begin.