Correll's attorney asks judge for special prosecutor
May 18—The attorney for former Somerset Police captain Michael Correll is requesting that the Pulaski Commonwealth's Attorney Office recuse itself from prosecuting the case, but Commonwealth's Attorney David Dalton is refusing to step aside.
The matter is now in the hands of Pulaski Circuit Court Judge Teresa Whitaker, who is expected to rule on it in the future.
Correll's next pretrial hearing is set for July 13, while a trial date has been tentatively set for January 2, 2024.
Correll and attorney Kerri Bartley were in court Wednesday discussing their motion that asked Dalton to step aside from the case.
They contend that during the past 20 years, Correll's and Dalton's careers overlapped on several occasions, even during early years when Dalton worked at the Commonwealth Attorney's office as an assistant prosecutor.
Bartley said there are circumstances in which prosecutors can be taken off of cases, if it can be proven there was a working relationship between them or had personal interactions.
She argued there were multiple instances in which the Correll and Dalton's office worked together, with Dalton's office providing training and advice to SPD officers as well as giving them information on decisions about charging suspects.
There were also occasions in which Correll provided testimony in cases during court hearings, Bartley said.
Dalton countered that Correll did not regularly testify in felony cases. In his written response, Dalton stated, "In fact, the Commonwealth has no memory of actually calling the Defendant as a witness at trial. The Defendant did not consistently bring felony cases to Grand Jury and had no close working relationship with the Office of the Commonwealth's Attorney."
On the subject of personal interactions between the two, Bartley said that Correll made a statement that pointed to several times the two were at odds.
Once was around 2015. Dalton, serving as an assistant prosecutor, asked Correll to go to a private attorney's office and arrest a family court defendant. Correll met with that individual and determined that an arrest was not needed.
Bartley said that when Correll informed Dalton of that decision, Dalton made a complaint to Correll's chief, because he didn't do what Dalton asked him to.
On another occasion, Correll stated that he was at city hall discussing the Shop Loss program with someone else.
Bartley noted that Dalton "essentially started the Stop Loss program," and on that day Correll was discussing his opposition to certain aspects of the program.
Dalton walked into the building, and overheard the discussion.
"To what extent, I don't know, but there was some sort of confrontation about it," Bartley said.
She also pointed to a similar investigation conducted last year in which money and items were reported stolen from the Pulaski County Sheriff's Office's evidence room.
Bartley said that Dalton's office handed that case off fairly quickly. In Correll's case, however, it was "basically the opposite. He [Dalton] jumped in with both feet," Bartley said. She added that Dalton had presented the evidence to the Grand Jury personally and in great detail.
Dalton, on his side, pointed to Kentucky statutes that outlined specific instances in which prosecutors should recuse themselves. He argued that none of those statutes point to anything that requires him to step aside.
That would require showing "actual prejudice" existed on his part, Dalton said.
"In terms of the contacts as perceived by the defendant, it doesn't matter," Dalton said. "His perception of them is irrelevant."
None of those cases allege any of the criteria for "prejudice" that are listed in statutes, he said.
Correll is facing 22 felony charges, including Abuse of Public Trust, first-degree Official Misconduct, one count of first-degree Burglary, 10 counts of third-degree Burglary, and Trafficking in a Controlled Substance (Methamphetamine).
Correll is currently free on bond.
Carla Slavey can be reached at cslavey@somerset-kentucky.com
