PRESTONSBURG, Ky. — The Floyd County Commonwealth’s Attorney alleges a Logan County lawyer engaged in forgery and fraud, during the course of a criminal case in Floyd County.
In a document filed yesterday in Floyd Circuit Court, Commonwealth’s Attorney Brent Turner claims Chapmanville defense attorney Ben White affixed Turner’s electronic signature to a bogus court document in an attempt to thwart the terms of a plea agreement.
White has been representing Paul Hayes in a drug case. During plea negotiations, the key sticking point was what would happen to Hayes’ 2002 Jaguar, which had been seized by the sheriff’s office. The two sides eventually agreed it would be donated to a church or charity.
On Oct. 5, White allegedly showed up with a tow truck at the Floyd County Sheriff’s Office presenting a document purporting to be an order to surrender the car to the Prestonsburg Church of God of Prophecy, where Hayes’ uncle is pastor. Furthermore, Turner alleges White told the tow truck driver to take the car to a location outside of Floyd County, where Hayes would pick it up later.
Turner says in the motion that White’s actions amount to “a flat out lie” and “a forgery and fraud” upon the court. He is asking Floyd Circuit Judge Johnny Ray Harris to uphold the terms of the plea agreement, but to give the car to the sheriff’s office to dispose of as they see fit.
A hearing will be held to discuss the matter next month. Court officials tell EKB News that Judge Harris recommended White get a lawyer for himself.
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