The state’s top prosecutor has stepped in to assist the Fayette County Commonwealth’s Attorney in his efforts to overturn the controversial dismissal of a murder charge last year.
Attorney General Russell Coleman announced Tuesday that his office was appealing the dismissal of charges against a Lexington man charged with intentional murder for a July 2020 hit-and-run death.
Fayette Circuit Judge Julie Muth Goodman exceeded her authority by preventing the case from going to a jury, Coleman said.
In December 2023, Goodman dismissed the case against Cornell Denmark Thomas II, 37, who was accused of causing the car crash near Leestown Road that killed 50-year-old Tammy Botkin of Lexington.
In her resignation, Goodman accused the Fayette Commonwealth Attorney’s Office of misconduct for a “pattern” of seeking harsher sentences against black defendants.
What happened in the Thomas case
Botkin died in the crash on July 3, 2020. Lexington police said Botkin was driving from Boiling Springs Drive to Leestown Road when her vehicle was struck by an SUV traveling “at a high rate of speed,” causing her car to burst into flames.
Thomas tried to flee before being captured by police and taken to the hospital, police said.
Botkin was pronounced dead at the scene.
Goodman dismissed Thomas’ case because prosecutors could not establish that Thomas acted “willfully or intentionally” during the incident, she wrote in December.
Prosecutors said Thomas was under the influence of drugs, which caused psychosis before the incident, but no evidence presented over a two-year period could corroborate that explanation, according to Goodman’s 24-page ruling.
“The Commonwealth’s inability to appoint its own expert, Dr. Allen, to give all the evidence, cannot be overlooked,” Goodman wrote. “…By correcting the report (and including new drug test results) the Commonwealth would therefore have had no basis to proceed with the charges.
“The Commonwealth’s failure to correct the report – which misled this Court and may have misled the jury – is evidence of prosecutorial misconduct.”
Coleman acknowledged Goodman’s findings in the press release but asked the Court of Appeals to reverse its decision and reinstate the charges, saying Baird and her team are prosecuting the case “fully and fairly.”
“Now it is the jury’s role — and it is the only one — to decide guilt,” Coleman said. “We ask the Court of Appeal to correct this error, allow this case to go before a jury and bring justice for all involved.”
Regarding Goodman’s claims about selective prosecution, Coleman said they “fall far short” of the standards set by the U.S. Supreme Court and criminal procedure in Kentucky.
Baird said she appreciated the attorney general’s support in appealing the court’s decision.
“I am disappointed by the court’s ruling and the reasons it gave for dismissing the charges,” Baird said. “Our prosecutors work hard to follow the law and protect the rights of suspects and victims.”
The Thomas case leads to refusals and delays in the legal proceedings
This spotlight from the AG’s office highlights an already contentious battle between prosecutors and the Goodman court — which has filed three motions to rescind and two appeals to overturn its decisions within a six-month span.
Baird sent a request directly to the Kentucky Supreme Court to disqualify Goodman from presiding over another murder trial.
Since December 2023, the Commonwealth’s Attorney’s Office has filed an application seeking Goodman’s release from two additional murder charges, claiming the judge has a personal bias against the prosecution and cannot be impartial.
“At this time, the Commonwealth does not believe that this Court can be fair and impartial to the Commonwealth in any case currently before the Court,” Baird wrote in an earlier motion.
The Commonwealth’s first request for Goodman to resign came just weeks after Thomas’ resignation, in which Goodman accused Baird’s office of seeking disproportionately harsh sentences against minority defendants.
The ruling launched Baird’s efforts to have Goodman recused from two other cases — and if she had her druthers, Baird admitted she would have Goodman removed from all criminal cases.
Other motions in which Baird has sought recusal include the Darryl Russell and James Hendron cases. Both cases are murder charges.
Russell, 53, was charged in March 2022 with the murder of 18-year-old Darian Webb, the son of Russell’s longtime girlfriend. His case is still pending. Goodman refused to back down.
Hendron was convicted of murdering his son, Austin Hendron, on Father’s Day in June 2018. Goodman ruled he should get a new trial at a June 6 hearing originally scheduled for his sentencing. Baird plans to appeal this decision.
Court of Appeal overturns Goodman’s recent decision to release inmate
If overturned, it wouldn’t be the first time Goodman’s decisions have been overturned by a higher court.
If a case is tried in a district or circuit court and the losing parties involved are not satisfied with the outcome, they can ask a higher court to review the correctness of the court’s decision.
The Court of Appeal on June 5 overturned a decision by Goodman that allowed the release of a man originally sentenced to 42 years in prison.
Defendant Gregory Simpson filed a writ of habeas corpus – a detainee’s petition to question their post-conviction detention – saying he was being unlawfully detained.
At the time of his 2023 filing, Simpson was serving prison time for a 2018 conviction, but had racked up 10 charges dating back to 1997.
During that period, Simpson would be released on parole and commit other low-level crimes. Because of his prior convictions, his sentences were enhanced in accordance with the persistent felon statute, which can double or triple the maximum penalties for a felony.
Simpson argued in his motion that he should only serve a maximum sentence of 20 years. Goodman heard his case and released him from prison in January.
However, a director who housed Simpson appealed, saying Simpson had misinterpreted the case law he cited. The appeals court remanded Simpson in custody.
The Kentucky Court of Appeals consists of fourteen judges, two of whom are chosen from each of the seven appellate court districts. The judges are divided into panels of three to review and decide cases, with the majority determining the decision.
