Ex-university board chair could have rape, charges dismissed
Jan. 09, 2018
OWENSBORO, Ky. (AP) — Prosecutors are seeking to dismiss rape and sodomy charges against a former University of Kentucky board chairman.
Prosecutors filed a motion Monday in Daviess Circuit Court to dismiss the indictment against Billy Joe Miles, 78, news outlets report. Miles was indicted in September 2016 on the charges, which also included bribery of a witness, for allegedly assaulting a health care worker at his home.
The trial had been scheduled to begin Jan. 16.
Assistant attorneys general Jon Heck and Barbara Maines Whaley filed an affidavit saying the alleged victim's attorneys told prosecutors she "no longer wished to proceed in the criminal case" because of her "fragile psychological condition."
In the affidavit, prosecutors said the woman made the decision after learning she would have to be questioned about threats she claimed to have received after the charges were filed.
Heck told the Courier Journal he could not say if the prosecution believes the threats were fabricated or whether it still believes the woman was raped and sodomized.
One of Miles' criminal defense lawyers, Scott C. Cox, said he will file a motion Tuesday saying the defense has no objection to the dismissal.
Special Judge Kelly Mark Easton will decide whether to dismiss the charges permanently.
In a statement, one of the woman's lawyers, John Day, said, "We respect her decision. She has been through enough."
Miles served on the UK Board of Trustees between 1995 and 2013. He was chairman from 1999 to 2002 and chairman pro tem in 2010.