Prosecutors attempt ‘prejudicial’ move ahead of ex-Justice secretary Tilley rape trial

The rape trial of John Tilley, a former Kentucky cabinet secretary and state representative, will begin next week.

The 55-year-old was charged with first-degree rape in April 2022, after the alleged victim — identified in court documents as “B.D.” — told police she blacked out after a man she didn’t know gave her an alcoholic drink while she and a friend were visiting bars in downtown Lexington.

Ahead of the jury trial, which is scheduled to last four days, attorneys for Tilley and the Commonwealth’s Attorney Office had a consistent back and forth regarding whether or not the judge should amend Tilley’s indictment to include a new claim of forcible compulsion which warranted the rape charge.

Forcible compulsion is defined as a means of physical force or threat of physical force, which places a person in fear of immediate death or physical injury to self or another person.

Up until Thursday, prosecutors’ argument had been that the victim was physically helpless — meaning the victim would have been unconscious, and physically unable to consent.

Fayette Circuit Judge Lucy VanMeter denied adding the charge to an indictment against Tilley — three days before trial — saying it would be prejudicial against the former lawmaker.

Tilley pleaded not guilty to the charge in August 2022. He was indicted in October 2022.

Police said Tilley had sex with the woman while she was too intoxicated to consent. Police also said hotel staff identified Tilley as one of three men who can be seen on video surveillance footage leaving the Pavilion area with the woman.

Tilley is also facing a civil lawsuit filed by his accuser, which says he committed common law sexual assault, assault, battery and negligence per se. Other parties listed in the suit include the Marriott Hotel where the alleged assault took place, Joseph Weidner and an unidentified man listed under “John Doe.”

Who is John Tilley?

Tilley, an attorney, was a Democratic member of the House from 2007 through 2015, representing the West Kentucky city of Hopkinsville. During his tenure, he also served as chair of the House Judiciary Committee.

He was appointed to serve as secretary for the state’s Justice and Public Safety Cabinet by former Republican Gov. Matt Bevin. He served in that capacity for the entirety of the Bevin administration.

In his capacity as secretary, Tilley sounded the alarm on inmate overcrowding in prisons and jails.

“The answer is not to build more prison space, the answer is to lower our prison population,” Tilley said.

The arrest citation lists him as a resident of Oldham County, just outside of Louisville.

Prosecution proposes new theory three days ahead of trial

Assistant Commonwealth’s Attorney James Judge began the final hearing before trial by attempting to add a new charge to Tilley’s indictment, based on further review of evidence they feel could argue a claim to jury instructions of “forcible compulsion.”

Defense attorney Christopher Spedding took issue immediately with the suggestion, saying “to shift gears at this time would be fundamentally unfair.”

Judge argued legal statute allows the commonwealth to introduce a new charge at any time before a jury renders a verdict, if proof shows probable cause. With three days before the trial, Judge said this allowed the defense plenty of time. Judge said if necessary, the case could be continued.

He asserted the “forcible compulsion” theory did not change the rape charge, but was just another method of arguing their case.

Spedding countered the argument and said the forcible compulsion argument was “diametrically opposed” to the commonwealth’s longstanding argument for the charge that the victim was physically helpless. If they had been aware of the new theory, Spedding said they would have sought out witnesses to speak against the alleged evidence.

“If they wanted to amend the indictment, they have the right to do that, but they had to do it way back when we could have time to prepare for trial,” Spedding asserted.

VanMeter agreed. She felt prosecutors’ decision to wait to present the additional theory was prejudicial, and could infringe on Tilley’s right to a speedy trial.

“This case has been pending over two years, and had a number of hearings,” VanMeter said. “It is clear on the face of the indictment and in the hearings, this has been a physical helplessness case. There is prejudice to continue (the case) again. We would be looking at the end of next year on the trial calendar.”

Attorneys butt heads over alleged ‘missing’ evidence

Tilley’s attorneys, Spedding and Steve Schroering, filed several motions to compel evidence from prosecutors, including missing downtown and hotel camera footage they believe speaks to Tilley’s defense.

Spedding alleges several moments are missing throughout the footage turned over by the Marriott Hotel, including the morning after the alleged assault and moments when the woman was approaching Tilley and his companions near the bars.

There are two specific occasions that are “significant gaps in the videos,” defense attorneys argued.

“Both gaps occur at crucial times given the facts and allegations of this case,” Spedding wrote.

One instance referenced by Spedding in a motion is a missing 13-second section of the recording when the woman is alleged to have run over to Tilley to try and catch up with them walking to the hotel.

Another clip is missing four minutes of footage — this time, inside the hotel’s bar area, where the woman can allegedly be seen draping her arms around Tilley’s shoulders, “leans into his neck and appears to kiss him and whisper in his ear.” When the video resumes, the woman is then speaking with Tilley’s companions.

Some footage, was not turned over at all, Spedding claims.

The woman advised the detective who investigated her case that when she woke up the next day alone and naked in the hotel room, she ran out of the hotel in a panic. Later that day, the detective is seen on body camera footage asking Marriott security to copy the footage of her leaving the hotel and they agreed, according to court documents.

However, no video of the woman leaving the hotel was ever provided to police, prosecutors or the defense attorney. According to prosecutors, the video footage is motion activated, and unable to capture portions until a subject is moving in the camera’s angle.

Spedding said he doesn’t buy it.

Some surveillance cameras are motion activated, he rebutted in a court filing, but the gaps in these videos occur while there is clear movement and re-start when movement is already in progress.

“The most troubling aspect of the missing sections of video is that they occur at a precise times where the footage is so clearly exculpatory and inconsistent with the allegations of the case,” Spedding said.