364 S.W.3d 135
Ky.2012Background
- Appellant Raymond Clutter was convicted of murder and tampering with physical evidence and was found to be a PFO 1; sentenced to life and 20-year concurrent term.
- Peggy Casey was murdered in 1994; her body was dismembered and disposed across Ohio; case went cold for years.
- In 2000, while serving a federal sentence, Clutter sought a deal in Gallatin County charges by engaging attorney Ron McDermott to obtain the information on Casey case.
- On August 9, 2009, McDermott informed Detective Kenner that his client had information about the Casey murder; McDermott and Kenner later connected this to the Boone County case.
- Detective Kenner subsequently learned of Clutter’s and White’s involvement from McDermott during August 9, 2009 conversations; Kenner did not pursue other suspects based on this information.
- Boone County trial court allowed Detective Kenner’s testimony about the information provided by McDermott; Clutter was convicted after a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether KRE 410(4) bars Detective Kenner’s testimony | Clutter argues statements were plea discussions with prosecuting authority. | Kenner was not an attorney for the prosecuting authority; not a plea discussion with the prosecutor. | KRE 410(4) did not apply; admission was proper. |
Key Cases Cited
- Roberts v. Commonwealth, 896 S.W.2d 4 (Ky. 1995) (plea-discussion exception analyzed under KRE 410)
- Kreps v. Commonwealth, 286 S.W.3d 213 (Ky. 2009) (police/attorney authority in plea discussions)
- United States v. Robertson, 582 F.2d 1356 (5th Cir. 1978) (definition of plea discussions for admissibility)
- Goodyear Tire and Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky. 2000) (abuse-of-discretion standard for evidentiary rulings)