Motion to dismiss solicitation to commit murder case denied

June 17--A motion to dismiss the case against a Williamsburg man charged with solicitation to commit murder was denied by Special Judge Todd Spalding Tuesday in Whitley County Circuit Court.

Tristan James Hall, 31, faces that charge -- as well as other felony cases -- in Whitley County.

He was indicted in March for those felony cases.

The first indictment is indirectly related to the solicitation to commit murder case -- it charged him with retaliating against a participant in the legal process in June 2014.

Hall allegedly garnered this indictment after he engaged in, or threatened to engage in, conduct that would cause or intend to cause bodily injury to or damage to the property of Commonwealth's Attorney Allen C. Trimble.

In July 2014, Trimble and Judge Paul Winchester filed motions in Whitley Circuit Court to remove themselves from Hall's solicitation to commit murder case.

Hall was indicted for solicitation to commit murder in June 2013 after he allegedly advertised on Topix, a well-known website, that he would pay $5,000 cash for the murder of Melissa Jones Davis and disposal of her body.

Since that indictment, Hall has been accused of placing threatening calls to the Commonwealth Attorney's office through an Internet service that can disguise the voice of the caller.

His co-defendant, Angie Gail Reeves, 26, allegedly showed up at Winchester's home and left a package.

But Reeves, Hall's former girlfriend, this year filed charges against him alleging harassing communications.

She was also a co-defendant in one of Hall's cases.

An arrest report filed with the circuit clerk's office, electronically signed by Judge Cathy Prewitt, shows Reeves lodged the complaint against Hall Jan. 26.

Knoxville, Tennessee attorney Herbert S. Moncier now defends Hall, with required co-counsel being Lexington attorney Fred Peters.

The second indictment naming Hall was handed down charged him with fraudulent insurance acts over $500 after he allegedly falsified an insurance claim in order to obtain insurance benefits from U.S.A.A. Casualty Insurance Company.

And on Tuesday, Moncier told the court that he felt those two cases "were used by the Commonwealth in order to cause my client to consider a plea (agreement.)"

"The threat was made that they'd indict him as early as July 2014," Moncier said.

He then noted that in September last year, the Commonwealth made Hall "an offer," which was declined, and that there "were very peculiar particulars" in that proposed agreement.

That was before Moncier was brought into the case.

He said that Hall had exercised his Constitutional rights when changing attorneys and other actions, but that the Commonwealth continued with "ongoing actions," and "custody without bail."

This brought head-shaking from Commonwealth's Attorney Jackie Steele, special prosecutor in this case.

Moncier felt the Commonwealth's actions delayed Hall's right to a speedy trial -- then Judge Spalding asked Moncier to "get to the merit points of the motion."

The motion cited "prosecutorial vindictiveness."

Moncier said again that Hall exercised his rights but that "the Commonwealth used (these) new charges under unbridled power to declare new charges -- and used the much lesser charges to deny Mr. Hall the trial date."

But the judge disagreed. "I set the trial date," Spalding said, and added that the grand jury and "everyone knew" that the new pair of indictments were coming down.

Steele did agree that the solicitation to commit murder charge was getting old -- but that "Hall is his own worst enemy" when it comes to delays.

Spalding denied that motion.

Then Moncier said that the June 29 trial date was chosen "unilaterally" by the Commonwealth as the "most convenient for the Commonwealth's witnesses."

Spalding said that the court does things "as timely as we can."

Then Moncier discussed the social network website Facebook, and that the defense requested the Commonwealth provide Facebook information that allegedly shows evidence implicating his former girlfriend, Reeves.

A discussion ensued concerning the alleged Facebook posts, and Moncier said that the Commonwealth was not looking into Reeves' past as part of the investigation.

"(They're) using Angela Reeves to convict my client," Moncier said.

It was agreed that those alleged posts be brought in and an "in camera review" by Spalding would take place.

It was then brought up again about dismissing the case because of lack of a speedy trial. "You're taking from us the right to a speedy trial," Moncier said, reiterating the point that the Commonwealth "unilaterally" decided the June 29 court date.

"You keep saying that but it's not right," Spalding told Moncier. "(They) made decisions based on what the court gave them."

The judge also said that a "good reason" for the delays has "been the actions of Mr. Hall."

That motion was then denied by Spalding.

Then a motion to dismiss the insurance fraud case came forth -- and it concerned phone calls made from outside the area, but from where was never mentioned Tuesday.

Hall's trial is slated for Monday, June 29 -- and it was learned after Moncier asked whether the jury would be sequestered that approximately 140 potential jurors will be on hand that day for the attorneys to choose.

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