Trial of Wallace and Baldock gets underway

Jun. 15—LONDON, Ky. — Jury selection, opening statements and the first witness took up the first day in the trial of Pulaski Constables Michael "Wally" Wallace and Gary Baldock.

District 5 Constable Wallace and District 4 Constable Baldock are charged in federal court with Conspiracy Against Civil Rights and Possession With Intent to Distribute Methamphetamine.

In his opening statements, U.S. prosecuting attorney Jason Parman told the jury that the drug charge did not mean the men were attempting to sell meth. Rather, the meth in their possession was meant to be "plant dope" that they intended to plant as evidence in an attempt to arrest citizens on unwarranted drug charges.

This theory was denied by both Wallace's attorney, Robert Norfleet, and Baldock's attorney, John Kevin West.

Both sides agree that meth was found in the possession of both constables — 0.4 grams which was found in the back of Baldock's cruiser, and 5.9 grams which was found inside Wallace's home.

Norfleet, however, argued that the meth at Wallace's house was "bagged, tagged and sealed" in bags labeled evidence inside a safe in his home. It was there, he said, because he was having difficulty logging in evidence within the Somerset Police Department's evidence room. SPD had told him he could not log in any more evidence without an appointment, which was difficult to schedule, Norfleet stated.

West's opening statements on behalf of Baldock told the jury that despite the prosecution's claims, "You will not hear any proof in this trial that Gary ever planted any evidence."

Furthermore, West said, the charge of Conspiracy Against Civil Rights hinges on there being an actual conspiracy between the two.

Not only would the jury not hear about any evidence being planted by Baldock, they would also never hear of any actual agreement between the two constables to violate anyone's civil rights, West said.

In many of the witnesses' complaints which allege a violation of their rights, it will be shown that Baldock wasn't even at the scene, West said.

The charges stem from an FBI investigation that was conducted in September of 2019, in which agents said that an undercover FBI agent was placed under surveillance by multiple federal agents in the parking lot of the Somerset Mall, while an "anonymous tip" was called into Constable Wallace's tip line, claiming that the man was a possible drug trafficker.

Norfleet, calling the investigation "Operation Derail Wallace," said it was set up by other local law enforcement in an attempt to prevent Wallace from running for sheriff. Norfleet suggested that an accusation made by an SPD officer was taken to a Pulaski County Sheriff's Office official, a person who is now himself running for sheriff.

Norfleet claimed that the undercover operation against Wallace was put in place to see if Wallace would either plant drugs on the undercover agent or if the constables would steal any of the money found in either the agent's vehicle or hotel room.

Norfleet said neither of those things happened.

The prosecution's first witness was retired FBI agent Gregory Cox, the man who was in charge of conducting the undercover investigation.

Cox testified that the plan was to place an FBI employee in a vehicle in the Somerset Mall, call in to the tip line and wait "to see what the constables would do."

Cox stated that there were no drugs in the vehicle, but he had instructed the undercover agent to "act like a drug dealer," saying the informant was to be subdued and not be talkative to the constables.

While no drugs were found by Wallace or Baldock, the undercover agent was arrested by the constables for public intoxication. Cox testified that the agent was not intoxicated.

Wallace and Baldock found a key to a room at the Red Roof Inn during a search of the informant and his vehicle. They also found money both in the vehicle and in the hotel room. The hotel room was searched after taking the undercover investigator into custody.

Cox stated that the money and the vehicle had been confiscated by Wallace and Baldock, but that all the money was recovered.

Part of the FBI's memo on the investigation said that Wallace's K-9, Rowdy, was used to investigate the vehicle and that Wallace claimed Rowdy "hit" on the driver's door, meaning the dog found a scent of drugs.

The FBI stated that the dog did not "hit," but rather circled the vehicle and did not indicate there were drugs in the vehicle.

Cox stated that there were no drugs in the vehicle at that time, and that it was searched physically by FBI agents on the day of the operation to ensure that.

The vehicle was previously searched by a PCSO drug dog, sometime within the three months before the undercover operation at the mall, although Cox could not say with certainty how long before the undercover operation that was.

Cox said the PCSO drug dog gave no indication of drugs being in the vehicle at that time.

After that search, the vehicle was stored in the FBI's London garage.

Cox stated the FBI received that vehicle as a seizure in another case in which the vehicle had been used to transport drugs.

Before the evening of the actual undercover operation, Cox said the FBI had tried on two separate occasions to make contact with the constables by using the vehicle to drive in a manner that would cause Wallace to become suspicious and initiate a traffic stop. Neither of those attempts were successful, Cox said, and that led to the plan in which a paid informant called Wallace's tip line to tell him of the suspicious person at the mall.

The trial will continue today and is expected to last around eight days total.