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News (Media Awareness Project) - US KY: Ex-Prosecutor Fighting His Conviction
Title:US KY: Ex-Prosecutor Fighting His Conviction
Published On:2001-12-27
Source:Lexington Herald-Leader (KY)
Fetched On:2008-01-25 01:17:52
EX-PROSECUTOR FIGHTING HIS CONVICTION

Out Of Prison, Carmichael Tries To Regain Law License

SOMERSET -- A former prosecutor in south-central Kentucky finished a prison
term in a federal corruption case months ago, but continues fighting his
conviction.

Ray Carmichael, who was commonwealth's attorney for Pulaski, Rockcastle and
Lincoln counties, argues that the prosecution in his case improperly
withheld information it was supposed to give him. He hopes to get his law
license reinstated.

Carmichael served almost two years in prison after being convicted in
October 1998 of attempted extortion. State police said Carmichael asked a
Somerset felon for $100,000 and then met him for an initial $5,000 payoff.

Carmichael filed a motion last month in federal court seeking to have his
conviction overturned. He argues that during the trial, the government
concealed information he could have used to tear down the credibility of
the key prosecution witness, bookie and drug trafficker Rodney Adams.

Carmichael believes a June 1998 affidavit supporting a request for a
wiretap included information about Adams' involvement in a large marijuana
conspiracy.

When he asked the government for impeachment information about Adams,
prosecutors did not disclose the affidavit. Further, prosecutors and a
witness misled a federal judge and jury by saying they had no evidence of
criminal activity by Adams, according to Carmichael's motion, filed by
Lexington attorney Fred Peters.

Carmichael has not seen the 1998 document, but cites a sworn statement
filed in 2000 in another case that says the FBI began investigating Adams
in 1997.

Federal courts upheld Carmichael's conviction during an earlier appeal. One
ruling called his claims of government misrepresentation ``speculative.''

The U.S. Attorney's Office has not responded in court to Carmichael's
motion and declined comment yesterday.

Carmichael's motion includes an acknowledgement from his trial attorney,
Steve Pence, that he failed to make a formal objection when prosecutors
sought two private conferences with the judge during the trial. That could
have cost Carmichael a fair trial and proper appeal, Pence said.
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