Journal-Times (Grayson, KY)

November 29, 2012

Open meetings case heard by special judge

By Joe Lewis - Staff Writer

Nov. 29, 2012 — Arguments surrounding alleged open meetings violations were heard Thursday in Carter Circuit Court in the case of Renee Stewart and Patrick Flannery vs. Carter Fiscal Court.

Circuit Judge John David Preston of Lawrence, Johnson and Martin counties presided as special judge for the hearing as Carter Circuit Judge Rebecca Phillips had previously recused herself from the case.

Attorney Sebastian Joy called a total of eight witnesses on behalf of Stewart and Flannery, all of whom testified that the May 29 Fiscal Court meeting was filled to capacity with an overflow crowd in the hallway that could not access the proceedings.

Defense attorney Richard “Sonny” Martin rebutted with three witnesses of his own, including State Trooper Randy McCarty who testified that he saw no individuals waiting in the hallway outside the fiscal courtroom during the May 29 meeting.

The hearing was adjourned early Thursday afternoon after all witness testimony was heard. Judge Preston indicated that he needed to review exhibits presented by both the plaintiff and defendant before rendering his final ruling.

Preston gave no timetable as to when that ruling could be expected.

Joe Lewis can be reached at or by telephone at 286-4201.