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Topix comments case bound over to grand jury
Jun 17, 2009 (Grayson Journal-Enquirer - McClatchy-Tribune Information Services via COMTEX) --
A Kentucky State Police Detective testified in open court Thursday that one comment posted on Topix accused Carter County District Judge Rupert Wilhoit of selling drugs out of the justice center.
Kelly Hall, 31, appeared in front of Judge John Cox for an examining trial to determine if enough evidence was discovered to wave the case over to a grand jury.
Cox did find probable cause to have a grand jury investigate Hall and her alleged accomplice, 62-year-old David Justice, in connection to intimidating comments allegedly aimed toward Wilhoit.
During the examining trial, Detective Jim Goble said Commonwealth Attorney David Flatt contacted police about the remarks discovered June 5.
"They were under the heading "Grayson Pain Clinic," Goble testified. "The comments did sound threatening, and that's when I contacted our electronic crimes department to have the matter further investigated. The comments appeared as being blackmail. One said, "I have a friend coming in front of you (Wilhoit) in a couple of days." Then another comment talked about an arson case coming in front of Wilhoit. We have not been able to determine if the comments meant that Judge Wilhoit needed to judge the friend accordingly, or if it was an actual threat of arson."
Goble said one comment asked if Wilhoit was building a home in the Hitchins area. Wilhoit told police the home was that of a relative and not his.
"He (Wilhoit) became upset and very concerned about the comments," Goble told the court. "He didn't know if it was a threat to burn down his house."
Police then notified Internet and landline provider Windstream to get the ISP (Internet Service Provider) and IP (Internet Protocol) addresses connected to the comments.
When Goble received the email address used along with the comments, he went to interview Hall and Justice at their separate apartments at the Shangri-La, next to Giovanni's in Grayson.
"Hall said he had just gotten the lap top within the past two weeks and didn't even know how to enter his name on any Web site, but only used it to look up horses and dogs," Goble testified. "He told me that Hall had used the computer. We also made sure he didn't' have wireless Internet that would allow someone to piggyback off his connection. He didn't have it."
During the interview, Hall told Goble she was responsible for typing the comments on Topix.
"She said Justice directed her to do so," Goble said. "I don't' think she knew just how serious this was. She gave me the confession outside the apartment building while in my police curser. She said she didn't want her daughter to hear."
Carter County Attorney Bob Miller asked Goble if he had recorded both statements from Hall and Justice. Goble answered, "yes."
Goble returned to the Shangri-La the next day to interview Hall and Justice for a second time. Both Hall and Justice were then arrested.
During Thursday's trial, Hall's attorney Brandon West questioned Goble about the Topix comments.
"Was the statement about the drugs being sold out of the justice center just an intimidation toward the judge?" West asked. "It's all seems out of the blue to me."
Goble told West he believe the comment to be, "absurd." "I can't speak to their state of mind at the time the comments were posted. Hall did say they had been drinking," he told West.
According to Cox, Justice was admitted to the hospital following his arrest. His condition was not discussed in court Thursday.
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