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6/24/2016
By Tom Marshall
Senior Advocate writer
Michael Dunn, who was convicted in 2010 and sentenced to 50 years in prison for the sodomy of a 14-year-old boy, was released from jail Monday afternoon.
Dunn served more than six years of a 50-year sentence on five counts of first-degree sodomy. His conviction, however, was overturned in March by the Kentucky Supreme Court.
The case was remanded back to the Court of Appeals, which ordered his immediate release from confinement June 17.
Dunn, 46, of Jeffersonville, told multiple people following his release that he plans to leave Montgomery County. He reportedly stated that he is afraid for his safety.
Dunn’s case has had several twists and turns through the legal process.
It started Dec. 12, 2008, when he was indicted by the Montgomery County Grand Jury on seven counts of first-degree sodomy involving the boy.
A jury found him guilty of five of the seven identically worded counts in January of 2010. The next month Circuit Judge William “Bill” Lane sentenced him to 50 years in prison as recommended by the jury.
Dunn appealed to the Kentucky Supreme Court, which upheld his conviction in February 2012.
In December 2012, Dunn filed a motion alleging ineffectiveness of counsel based upon his attorney’s failure to object to the identically worded jury instructions. He sought reversal of his conviction based upon this argument.
Lane denied the motion.
Dunn appealed the denial to the Kentucky Court of Appeals, which agreed with Dunn and remanded the case back to circuit court for a new trial.
The order remanding the case for retrial did not exclude any of the identical charges from the retrial.
Once the case was back in circuit court, Dunn filed several motions, including a motion for Lane to recuse and a motion to dismiss the case. Lane agreed to recuse and the case was assigned to circuit judge Beth Maze. She set a new trial date.
In September 2014, Dunn argued his case should be dismissed because the jury instructions from the first trial were identically worded, he was deprived of the right to a speedy trial and double jeopardy claims. A person cannot be tried for the same crime twice.
Dunn argued that it would be impossible to determine on which five charges he should be retried because they were identically worded.
Maze denied Dunn’s motion.
Dunn responded by filing a petition for a writ of prohibition against Maze with the Court of Appeals. The Court affirmed Maze’s denial of Dunn’s motion to dismiss the case with a ruling in July 2015.
The Court of Appeals found that since “the jury was deprived of the opportunity to reach a verdict, and was effectively hung, the jury did not convict or acquit Dunn on any charges and all seven counts should be retried consistent with procedure following a hung jury.”
The Kentucky Supreme Court reversed the decision.
“A new trial in this case raises a substantial risk that Dunn will be tried for crimes for which he has already been acquitted, thereby violating his double jeopardy right against successive prosecution,” the court wrote. “For that reason, the order of the Court of Appeals denying Dunn’s petition for a writ of prohibition is remanded to the Court of Appeals to issue a writ in conformity with this opinion.”
The Court of Appeals, hearing no argument from the Kentucky Attorney General’s Office, ordered that Dunn’s case be dismissed and he be released.
Maze followed with an order June 17 that Dunn be released from custody “FORTHWITH.” She dismissed the case with prejudice, meaning the court has reached a final determination.
The 14-year-old boy had alleged that Dunn befriended him, then forced him to engage in multiple acts of sodomy. Dunn denied the charges.
Tuesday, the day after his release, Dunn went to the sheriff’s office, where he informed Sheriff Fred Shortridge of plans to apply for a permit to carry a concealed firearm.
The applications are reviewed by the Kentucky State Police. If he is denied, he has a chance to appeal.
Shortridge told the Advocate he is not normally consulted by the KSP before the granting of such a permit.
Dunn, a former concealed permit instructor, was previously charged with allegedly falsifying documentation concerning tests, but those charges were dismissed, according to law enforcement.
Dunn was also cleared of charges by a grand jury in 2008 in connection with the shooting death of Robert G. “Greg” Rudd, 46. The two men had previously been involved in a dispute.
The shooting occurred Feb. 17, 2008, near Dunn’s home on Bell Farm Road. Dunn claimed Rudd pointed a shotgun at him and threatened him. Dunn claimed it was a matter of self defense.
Rudd’s wife, Sandy, told the Advocate at the time that what Dunn claimed was uncharacteristic of her husband, who was the loving father of two sons. She wanted criminal charges filed against Dunn.
Sandy Rudd claimed that Dunn had struck her husband in the head from behind with a shotgun during a previous dispute.
Dunn has reportedly threatened to sue many of those involved in his sodomy case, including the Montgomery County Regional Jail and Commonwealth Attorney’s Office that prosecuted him, Jailer Eric Jones said Tuesday.
Attempts to reach Dunn for comment before press time were unsuccessful.
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