A Caldwell County magistrate charged with operating a non-motor vehicle under the influence of intoxicants and third-degree sexual abuse will be back in district court next month as the attorneys continue to work on reaching a resolution in the cases.
District 1 Magistrate Elbert Bennett along with his defense attorney Emily Ward Roark of Paducah and special prosecutor Clint Prow of Webster County appeared virtually Friday afternoon before special appointed Judge J. Foster Cotthoff of Hopkinsville.
During the pretrial conference, Prow told the judge discovery has been exchanged and the Commonwealth has an offer on the table to resolve the two cases.
click to download audioRoark said it’s possible a resolution could be reached but she needs more time to review the offer.
click to download audioJudge Cotthoff said he would set another hearing date and if a resolution is not reached at that time he will schedule the cases for trial.
click to download audioBennett was arrested on April 30 after Kentucky State Police responded to a sexual abuse complaint in Fredonia that morning. According to the arrest citation, when police interviewed the victim she stated Bennett was at her house discussing some recent road work and had been drinking. She said Bennett made reference to the two of them going to a nearby field together, then put his arm around her and forced his hand down her shirt before she immediately stopped him.
State Police said when troopers went to Bennett’s residence to interview him, he drove up on his farm tractor. During an investigation, they reportedly determined he was under the influence of alcohol.
Prow said he had also spoken with Roark about amending the original alcohol related charge to a driving under the influence offense, which he believes is more in line with the Kentucky Revised Statute.
click to download audioJudge Cotthoff set another pretrial for Friday afternoon, August 13, at 1:00.
