Gail Guiling

Gail Guiling

B. Alan Simpson, who is defending Commonwealth Attorney Gail Guiling in her criminal case, filed three motions in Logan Circuit Court on Wednesday on behalf of his client, including one which asks the judge to sever two of Guiling's pending charges from the other three.

In October, Guiling was indicted on two counts of tampering with physical evidence, two counts of official misconduct and one count of engaging in organized crime.

In his motion, Simpson asserts that the tampering with physical evidence charges "have absolutely no connection" with the other three charges and wants the two sets of charges dealt with in separate trials.

"It appears that the defendant has been charged with tampering with physical evidence for allegedly disposing of drug

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paraphernalia," Simpson writes in his motion. "To allow the Commonwealth to proceed on all counts, without separate trials, would be highly prejudicial to the defendant ... If the jury is allowed to hear testimony regarding allegations of the defendant allegedly throwing away certain evidence, it is almost guaranteed that a jury would not be able to compartmentalize counts one and two from counts three through five, if allowed to hear all the evidence at once."

Simpson claims that while trying Guiling on all five counts at the same time would be prejudicial to her, the Commonwealth would not be affected by severing the counts and having separate trials.

Guiling's attorney has also filed a motion asking for a "bill of particulars" regarding the last three charges.

With the second motion, Simpson has asked Judge Steve Wilson to require the prosecutor, Lynn Pryor, to give more information about what the Commonwealth is claiming Guiling did to merit the charges.

"The defendant would request the Commonwealth be ordered to identify, specifically, what statutory duty or inherent duty the defendant is alleged to have violated," Simpson wrote regarding the two counts of official misconduct.

Simpson also is requesting more information about how Guiling has engaged in organized crime for the final charge.

"The defendant is charged with engaging in organized crime by collaborating to promote or engaging in theft offenses," Simpson wrote.

He asks the court to order the Commonwealth to provide information such as what thefts are relevant to Guiling.

"It is clear from the discovery and the indictment that (Guiling) was not involved in any actual theft," Simpson writes. "As such, the defendant is requesting to know which specific theft allegations apply to this defendant and her alleged material aid or neglect of duty."

Simpson also wants to know what alleged acts or actions would show Guiling provided material aid to a criminal syndicate. He asserts that without this information, Guiling "is left with as to what the Commonwealth would intend to introduce at trial."

"Not only would it be in the interests of fairness to this defendant, it will greatly maximize the use of the court's time in avoiding possible in-trial motions to suppress or evidentiary objections, that were not foreseeable until trial," Simpson writes.

The third motion Simpson filed was asking the court to exclude testimony and evidence that would be prejudicial and is not relevant to the trial.

Judge Wilson had set Wednesday, Dec. 20 as the deadline for filing motions in the case. The next hearing is scheduled for Friday, Jan. 12, 2018.

Gail Guiling