Saturday, March 21, 2009

Federal Prosecutors Want to Keep Judge Cletus Maricle Behind Bars


Federal prosecutors want to keep a former Clay County circuit judge charged in a vote-buying scheme behind bars until his trial.

Former Circuit Judge R. Cletus Maricle and seven others charged with him in the federal case pleaded not guilty at their first court appearance Friday.

After spending the night in jail Thursday, all but Maricle, 65, were released until the trial, scheduled for May 19. They didn't have to post a financial bond.

Freddy Thompson is running for County Clerk against Jennings White who says he (White) was shot at in one of several election-related shootings in Clay County, Manchester, KY, Tuesday, May 21, 2002.

Clay County Clerk Freddy Thompson. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Manchester Enterprise

- Clay County school superintendent Doug Adams. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center

- Wayne Jones, chairman of the Clay County Democratic Party. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center

- Paul E. Bishop of Manchester, Ky. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged.

- William E. Stivers, an election officer in Clay County. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center

- Cletus Maricle, a Kentucky Circuit Court Judge, in an undated file photo supplied by the Administrative Office of the Courts.

However, Assistant U.S. Attorney Stephen C. Smith asked that Maricle remain in jail.

Smith said Maricle, facing a potential maximum sentence of 20 years, has been charged with asking a witness to lie and has hundreds of thousands of dollars in assets, raising the potential that he has the money to flee.

The prosecutor also said that Maricle told people cooperating in the case that he was trying to find out where the FBI agent investigating the allegations lived and what kind of vehicle he drove.

Smith didn't say why Maricle allegedly wanted that information, but said there was no reason he would seek it "unless he was up to no good."

Smith also said Maricle had indicated some instability in an interview after his arrest, telling a probation officer he had "struggled with the will to live" recently.

Maricle's son died several weeks ago of a heart attack.

Maricle's attorney, former federal prosecutor Mark Wohlander, argued that Maricle is not a flight risk or a danger to anyone. Maricle hasn't said he wants to kill himself, just that things had been rough since his son's death, Wohlander said.

And the incident when Maricle allegedly sought information about an officer in the investigation was in May 2007, Wohlander said.

"If it was so serious, why wasn't my client arrested a year and a half ago?" he said.

U.S. Magistrate Judge Robert Wier ruled that Maricle would have to stay in jail at least until another hearing scheduled for Monday.

Also Friday, state Supreme Court Chief Justice John Minton suspended Maricle from the senior judge program.

Maricle was circuit judge in Clay County from 1991 until July 2007. Since then, he has been a senior judge, meaning he fills in for other judges.

Those charged with Maricle are Doug Adams, school superintendent in Clay County; County Clerk Freddy W. Thompson; Charles Wayne Jones, the county's Democratic election commissioner; William E. Stivers, who has been an election officer and is chairman of the county Democratic Party; Paul E. Bishop; and William and Debra Morris.

All eight are charged with racketeering for allegedly using the county election board as a vehicle to corrupt elections. All but Adams and Bishop face at least one additional charge of conspiracy to buy votes, while some face several additional charges.

Wearing handcuffs, they said little during their first court appearance other than to acknowledge they understood the charges. Family members, some emotional, crowded the courtroom for the hearing at the federal building in London.

Smith told Wier the trial could take four weeks.

Smith said in a court motion that the case involving Maricle and the others was opened in March 2006. The eight were indicted March 3, but the charges were sealed until after they were arrested Thursday.

The charges are the latest in a federal investigation in which several officials who once held prominent roles in the county have already gone to prison.

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