Attorneys for former Letcher County Sheriff Mickey Stines, who is accused of murdering District Judge Kevin Mullins, say their client’s indictment should be dismissed.
In a new motion, Stines’ defense team argues their client is the victim of prosecutorial misconduct. The motion alleges that a Kentucky State Police detective provided false and misleading testimony to a grand jury in November.
They say his remark that Stines was of sane mind doesn’t reflect what Stines’ doctor and other witnesses told investigators – or a comment from an attorney who said he told Mullins that Stines was “losing it” shortly before the shooting.
Three days before the shooting, Stines testified in a civil suit against a deputy in charge of the county’s home detention program who was convicted of trading favors for sex.
The defense also cited an evaluation by Kentucky River Community Care days after the shooting that said Stines was displaying active psychosis. According to a report from the Leslie County Detention Center, Stines also had episodes of combativeness in which officers used pepper spray to subdue him.
Stines’ attorney Jeremy Bartley has said he’s pursuing an insanity defense. In May, officials released body camera footage taken shortly after the shooting. In the footage, a KSP trooper told Stines why they were taking him to the Leslie County Detention Center, rather than Letcher County’s.
“You know how it is, something like this, we're going to be worried about you in the jail down here with local people, you know,” the trooper told Stines.
Stines replied with concerns about his well-being.
“Right now, I'm alive and well, no weapons on me. I leave this building, I won't draw another breath,” Stines said.
Stines has since been held without bond in the Leslie County Detention Center, aside from court appearances and a trip to the Kentucky Correctional Psychiatric Center for an evaluation.
His attorneys want the evaluation unsealed for dismissal and bond hearings.
Prosecutors filed a motion asking for the evaluation to remain sealed, saying its release would taint jurors and prevent a fair trial. They also requested their own independent psychiatric evaluation.
