COMMONWEALTH OF KENTUCKY
13TH JUDICIAL CIRCUIT
JESSAMINE CIRCUIT COURT
INDICTMENT NO. XXXXXX
COMMONWEALTH OF KENTUCKY, PLAINTIFF,
DEFENDANT’S CONTINUING INVOCATION,
VS AND RENEWAL, OF DEMAND FOR A SPEEDY TRIAL
XXXXXX, DEFENDANT.
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Now comes XXXXXX, the accused herein, through counsel and, pursuant to the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitutions as well as Sections 2, 3, 7, 11, 17, and 27 of the Constitution of the Commonwealth of Kentucky, hereby gives Notice to the Commonwealth, and the Court that she is continuing to invoke, and does hereby renew her demand, for a speedy trial in the above-referenced case and demands that right be afforded her in accordance with the applicable case law—both state and federal.
The necessity for the continuing invocation, and renewal of, this demand of the right asserted is made manifest by the stubbornly consistent refusal of the Commonwealth to move to dismiss, with prejudice, the charges now pending against XXXXXX despite the state’s conspicuous lack of any evidence against her.
Further, the gamesmanship exhibited recently by the Executive Branch of the Commonwealth indicates that it is willing to toy with XXXXXX’s fragile psyche and precious life by engaging in a course of conduct more closely representing the torture of a young and innocent citizen than the good faith representation of its own client in litigation. The psychological toll being extracted from XXXXXX, is prejudicial in the extreme and that it is being done as a punishment for her continued exercise of her Fifth Amendment right to remain silent makes what is happening to her all the more insidious and sinister.
XXXXXX is factually innocent of the charges brought against her. She is factually innocent of any charge that could be brought against her in connection with this case. The Commonwealth’s proof not only falls woefully short of being able to convince a jury beyond a reasonable doubt of her guilt, it will not even survive a defense motion for a directed verdict. In fact, it may not survive such a defense motion made after the opening statement by the prosecutor.
What is passing for justice with regard to XXXXXX is, in truth, a travesty and mockery of justice. The fact that it can continue to happen solely because of the blowing and blustering of prosecutors who seem to have forgotten their duty to every citizen of this Commonwealth compounds the tragedy. That XXXXXX could face the loss of a life not yet even begun to have been lived in the midst of such a hurricane is a crime against humanity.
This beautiful young lady will be exonerated and that needs to happen now. XXXXXX demands a speedy trial and, in the alternative, moves the Court to dismiss the Indictment against her with prejudice due to the failure of the state to insure that her right to a speedy trial has been complied with and afforded real meaning.
For the foregoing reasons, the Court must set XXXXXX’s case for trial at its earliest opportunity in DATE, or dismiss it now.
Respectfully submitted,
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DAVID W. THOMAS
102 West Maple Street
Nicholasville, Kentucky 40356
Co-Counsel for XXXXXX
NOTICE OF HEARING
CERTIFICATE OF SERVICE