By MICHAEL CRIMMINS
Glasgow News 1
The Commonwealth’s Attorney is seeking to amend a Barren County grand jury’s dismissal, allowing the case to possibly be reintroduced to a new grand jury in the future.
As previously reported, a Barren County grand jury dismissed Braxton Haley’s murder case on Thursday, Feb. 19. The grand jury originally dismissed the charge “with prejudice,” which meant the specific charges against Haley could not be retried.
Commonwealth’s Attorney John Gardner filed a motion in the case requesting that the “clerical error” be corrected as criminal procedure dictates that a Not True Bill should dismiss the charges without prejudice. The motion further requests that a motion hearing be scheduled for March 2 at 10 a.m. before Barren County Circuit Court John Alexander.
Gardner told Glasgow News 1 that at this point the motion was “just to fix an error” and not a signal that he intends to reintroduce the case.
“My policy is that I do not represent a case where a No True Bill has been returned unless there is newly discovered evidence,” he said.
Key Facts:
• Barren County grand jury dismissed Braxton Haley’s murder case on Thursday, Feb. 19
• Dismissal was entered “with prejudice,” blocking retrial of the specific charges
• Commonwealth’s Attorney John Gardner says that was a clerical error
• Gardner is seeking to amend the dismissal to allow possible future grand jury review
• Motion requests a hearing on March 2 at 10 a.m. before Barren County Circuit Court Judge John Alexander
