By Brian Smith
Register News Writer
RICHMOND — Madison Circuit Judge William G. Clouse issued an order Friday sealing a number of documents in the case of three Richmond police officers accused of witness tampering.
According to a docket report filed Friday morning with the Madison Circuit Clerk’s office, Clouse has sealed both Commonwealth’s Attorney David Smith’s response to a motion to disqualify his office and a “bill of particulars” requested by the attorneys for the officers.
Lexington attorneys Scott Crosbie and Jim Deckard, who represent Sgt. James “J.J.” Rogers and patrolmen Garry Murphy and Brian Hensley, had requested that prosecutors provide them with the bill of particulars at a hearing last week.
The bill of particulars identifies the specific allegations prosecutors are making against the officers in the case, adding information to the charges the men were indicted on in January.
Rogers, Murphy and Hensley are accused of influencing the statements of a woman, April McQueen, who spoke to Madison County Sheriff’s Office investigators in October regarding a sexual encounter with the men.
According to Sheriff Nelson O’Donnell, the incident was being investigated as a sexual assault after it was reported, but McQueen recanted the allegations of sexual assault the following day.
In an interview with Kentucky State Police investigators the day before the officers were indicted, McQueen said Rogers and Murphy forced her to drink urine and that she suffered a “busted lip” during her encounter with the officers.
The transcript of that interview was unsealed at a hearing last week where attorneys debated the motion to disqualify Smith’s office and require Assistant Commonwealth’s Attorney Jennifer Smith to testify about conversations she had with McQueen.
Clouse scheduled a Monday hearing where McQueen testified about a number of conversations she had with Jennifer Smith and exercised her Fifth Amendment rights to avoid testifying about testimony she gave to a Madison County grand jury.
Following Monday’s hearing, Clouse denied the motion to disqualify and said Smith cannot be called as a witness.
According to the docket entry, the response and the bill of particulars will remain sealed until the conclusion of the March 22 trial in the case, and all other motions filed in the case will be sealed unless Clouse unseals them.
If convicted, each of the officers could be sentenced to up to five years in prison. Murphy also faces a misdemeanor charge of fourth-degree assault that carries a penalty of up to 12 months in jail if convicted.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.
