File theft delays Greenup murder trial

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January 6, 2010

By KENNETH HART / The Independent The Daily Independent Wed Jan 06, 2010, 12:07 PM EST

GREENUP — A vehicle burglary caused an unexpected delay in a Greenup County murder trial Wednesday.

Michael Curtis, the attorney representing William Gullett, said someone removed a briefcase from his unlocked vehicle Tuesday night or Wednesday morning while it was parked outside his home in Bellefonte.

The case contained a file with all of Curtis’ records in the Gullett case. Without the file, he told Greenup Circuit Judge Robert Conley he would be unable to proceed with the trial.

Conley dismissed court for the day to allow Commonwealth’s Attorney Clifford Duvall to copy his case file — which is essentially identical to the one Curtis had stolen — and provide it to the defense.

Curtis said he discovered the theft when he went out to his car about 6:30 a.m. Wednesday. He said he couldn’t imagine why anyone would steal the case, since it contained nothing of value to anyone but him.

He also said nothing like that had ever happened to him before.

The thief also made off with a half-dozen packs of cigarettes and rummaged through his glove compartment, Curtis said. He said he reported the incident to the Bellefonte Police Department.

The plan is for Gullett’s trial to resume at 9:30 a.m. Friday. There was no testimony scheduled for Thursday due to Conley having rule day.

However, the judge acknowledged that trial might be delayed even longer if another major snowfall hits the region Thursday, as weather forecasters are predicting.

“The forecast for Friday is not good,” Conley told jurors and witnesses in the case. “Stay by your phone and if things get really bad, we’ll call and let you know if the courthouse is going to be closed.”

Gullett, 39, is charged with murder in a Jan. 10 traffic mishap that claimed the life of his wife, Vivian Gullett, 45. The accident occurred on U.S. 23 near McKell Elementary School.

Prosecutors allege that Gullett acted wantonly by getting behind the wheel when he was under the influence of alcohol, resulting in his wife’s death. Tests performed on a blood sample taken from Gullett at Southern Ohio Medical Center nearly two hours after the accident showed that his blood-alcohol level was .12. The level at which a person is legally presumed drunk in Kentucky is .08.

However, Curtis told jurors on Tuesday that his client would testify that his wife caused the crash by grabbing the wheel of the couple’s Jeep Grand Cherokee and steering it into a utility pole as the two were headed home from a night of drinking and shooting pool in Portsmouth.

Vivian Gullett had been distraught and depressed over family problems and alcohol would inflame those feelings, Curtis said.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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