New judge, defense attorney added to Constant case

James Mayse, Messenger-Inquirer, Owensboro, Ky.
·2 min read

The criminal case against former Owensboro Public Schools superintendent Matthew Constant, who was indicted last year on charges of tampering with evidence, is ongoing, although the case has seen its share of switches of personnel.

Constant, 57, of the 2900 block of Central Park Court, was charged after investigation by the Kentucky State Police. In July, KSP charged Constant with procuring or promoting the use of a minor (12 years old or older) and tampering with evidence.

When the case went to the Daviess Grand Jury in October, Constant was indicted only on the tampering charge. A KSP report in Constant’s file says Constant admitted to tampering with evidence, but does not specify what evidence was hidden or altered.

Since grand jury proceedings are confidential, then Commonwealth’s Attorney said he could not comment on why jurors took no action on the procuring a minor charge.

Tampering with physical evidence is a class D felony, punishable by up to five years in prison upon conviction.

The case has bounced around, with different officials involved at different times.

For example, when Constant was scheduled to make his first appearance in Daviess District Court, a special judge had to be appointed. At the time, Daviess County Attorney John Burlew said the county’s three district judges sought a special judge for the hearing, since Constant was a well-known figure locally.

After the indictment, his case was transferred from Daviess Circuit Division I to Division II, but that created a conflict when Daviess Circuit Judge Lisa Payne left Division II to become a member of the state Court of Appeals.

Circuit Judge Joe Castlen was appointed to Division II until a new judge can be elected to the position in the fall.

But Castlen had to request to recuse himself from hearing the case, as did Circuit Judge Tom Castlen, who is presiding over Division I in the place of Judge Jay Wethington, who is recovering from an injury.

In a motion to recuse, both Castlens said they could not hear the case because they are related to Constant’s ex-wife, which creates a conflict of interest.

Circuit Judge Timothy R. Coleman, from the 38th Judicial Circuit, was appointed to hear the case.

Meanwhile, Constant’s original defense attorney, Mike Lee, retired from practice, requiring Constant to get new representation. Owensboro attorney Bryce Caldwell took over Constant’s defense in early May.

A trial date has not yet been set.

Commonwealth’s Attorney Mike Van Meter said a hearing had been set for June 24, but was rescheduled Thursday so Caldwell had time to prepare.

Constant’s next hearing is set for Sept. 17.