2010 DUI case postponed … again
The drunk driving case of a former Whitley County deputy jailer, who was scheduled for trial Wednesday morning, has been postponed again.
Lloyd E. "Oscar" Davenport is facing careless driving and driving while under the influence charges in connection with a May 9, 2010 incident. At the time, Davenport was a deputy jailer but he is no longer employed at the jail.
Whitley Circuit Court Clerk Gary Barton said that the jurors were told not to report for court Wednesday morning due to icy road conditions.
Barton said the courts have had a policy the last several years of not having jurors report for jury duty if Williamsburg city school cancels classes due to inclement weather conditions because it is felt it would be unsafe to do so.
Davenport's attorney, Jane Butcher, noted that the case was continued over her objection.
Williamsburg police also were unhappy with the case being delayed again.
Whitley District Judge White scheduled a new trial date of April 4 in the case.
The case was continued multiple times until White agreed to dismiss the charges during a Dec. 11, 2011 hearing when Butcher informed the court that she hadn't received discovery evidence from former Whitley County Attorney Paul Winchester, according to court records.
At the time, interim Whitley County Attorney Don Moses recused himself from the case, and the prosecution wasn't represented during the hearing.
Williamsburg police, who were upset by the ruling and the fact that the commonwealth wasn't represented during the hearing, asked Kentucky Attorney General Jack Conway to appoint a special prosecutor in the case.
On Dec. 15, 2011, Conway appointed Commonwealth's Attorney Allen Trimble as special prosecutor.
Trimble filed a motion to set aside the order of dismissal on Dec. 21, 2011. White granted the motion on March 7, 2012.
Butcher later said that she received no usable discovery evidence in the case prior to White's initial dismissal of the charges.
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