(LEX NEWS) — A defense investigator says Commonwealth's Attorney Matt Butler repeatedly avoided being served a subpoena requiring his appearance at a hearing in the case of Commonwealth of Kentucky v. Shawn Stines.
Joel Cotton, an investigator employed by defense counsel, filed an affidavit of attempted service in Boyle County Circuit Court on June 9. The subpoena required Butler's attendance at a June 5, hearing on a pending Motion for Change of Venue filed by the Commonwealth. Butler submitted a sworn affidavit in support of that motion, along with two other attorneys who were successfully served, the affidavit detailed.
Cotton said his first attempt to serve Butler came on June 3, when he traveled to the Commonwealth Attorney's office. Butler's secretary told Cotton that Butler was en route to Letcher County Circuit Court for Drug Court proceedings, according to the affidavit.
Cotton then traveled to Letcher County Circuit Court and waited in the courtroom. A deputy sheriff asked Cotton to leave the courtroom and wait in the hallway. About 10 minutes later, the deputy returned and told Cotton he had been unable to reach Butler, saying Butler's attendance at Drug Court was "hit or miss," the affidavit read. Cotton said he was not allowed to re-enter the courtroom to determine whether Butler attended the hearing.
Cotton said he then left a voicemail and sent a text message to Butler's personal cell phone advising him of the subpoena and requesting a convenient time for service. No response was received, the affidavit said.
On June 4, Cotton said he again left a voicemail and sent a text message to Butler's cell phone. No response was received.
Later that same day, Cotton returned to Butler's office. He said he observed that curtains had been placed over the front windows, obstructing visibility into the office. Cotton said the guard told him he was not permitted to enter the office, directed him to leave the property, and refused to allow him to provide the subpoena to the secretary for delivery to Butler, according to the affidavit.
After leaving, Cotton said he observed two law enforcement officers positioned near the front of the Commonwealth Attorney's office, appearing to monitor the entrance area.
Cotton stated that as of June 4, personal service of the subpoena upon Butler had not been accomplished despite multiple attempts, including office visits, attendance at the courthouse, voicemail messages, and text messages.
