Flynn evidentiary hearing wraps up

May 12—The third and final day of the evidentiary hearing for Pulaski County Circuit Clerk J.S. Flynn kicked off with testimony from Bobby Clue, as well as seeing Flynn return to the stand in his own defense.

The hearing was set by the Kentucky Supreme Court as part of a removal proceeding against Flynn. He was placed on paid administrative leave in March 2022 after a complaint was received by state court officials.

Clue, who is the Executive Director for the Somerset-Pulaski County Chamber of Commerce, was involved in the case by being in the "wrong place at the wrong time," according to his words.

Clue's name had come up in previous testimony as he had come into the Clerk's Office at the Pulaski County Judicial Center on March 22, 2022, to talk to Flynn.

His asking for Flynn at the office's front counter is what reportedly caused Deputy Clerk Tabitha Burnett to interrupt a closed-door meeting between Flynn and several staff members, which ultimately led to the rest of the events that day, causing a complaint to be filed against Flynn.

In his testimony, Flynn stated when Burnett entered the office without knocking, Flynn became upset by the interruption.

A few moments later, when District Court Staff Member Ashley Haste then also entered the office without knocking, Flynn stated that he though it was Burnett again.

Haste was there to collect paperwork for District Judge Scott Lawless — now retired — which was inside the office at a collection point. Flynn said he told her he would bring it to her in a few moments, before closing the door.

* When Haste opened the door a second time, stating that she needed the paperwork, Flynn, by his admission, began yelling at her, telling her to "get the f*** out of my office" or "get out of my f****** office," depending on the account.

In Flynn's Friday testimony, he stated that when Haste opened the door the second time, the door struck him "just barely" in the face.

He acknowledged that she didn't mean to do that, but between that and the interruption to the meeting he lost his temper.

In Haste's account, Flynn came toward her with his hand raised, as if he was going to hit her, which caused her fear.

When Flynn was asked, however, whether he was "over top of her" or had raised his hand toward her, he answered "no."

He did say that he and Haste were "close" during the confrontation, and there is a height difference between them with Flynn being taller.

Haste returned to the second-floor courtrooms "sobbing," according to Judge Lawless's statements, which caused Lawless to go downstairs to confront Flynn.

Clue, who was still at the front desk of the clerk's office waiting to talk with Flynn, said he saw Lawless come in and loudly demand to speak with Flynn "immediately."

When Flynn came out to talk, Clue said that Lawless was yelling louder than Flynn and telling Flynn he should resign.

"They were both unhappy," Clue said of both men.

Then, when Lawless finished speaking with Flynn, he turned his attention to Clue.

Clue quoted Lawless as yelling, "You should be ashamed with yourself to be friends with someone like that."

The incident left Clue "embarrassed and upset," he said.

He also called Lawless's actions toward him unprofessional.

"It's hard to believe that a sitting judge would yell at a civilian doing absolutely nothing wrong," Clue said.

At the conclusion of Friday's testimony, special appointed Judge Jean Logue said that the attorneys in the case — special advocates Aaron J. Silletto and Marc Manley, and defense attorneys Jason Nemes and Joseph Lambert — had until June 12 to submit their final written briefs in the matter.

Logue will then have until July 12 to submit her written recommendation to the Kentucky Supreme Court, which will make the final decision.

That decision will determine whether Flynn, an elected official, will be reinstated to his post of Circuit Court Clerk or be removed from office.

The official grounds for removal against Flynn are: Hostile work environment, quid pro quo harassment, failure to preform duties with courtesy and respect, and conflict of interest.

Carla Slavey can be reached at cslavey@somerset-kentucky.com