By HEATHER PYLES-TOMLINSON
Commonwealth Journal
Somerset —
One of the defense attorneys for a group of people accused of trying to bribe a local prosecutor is asking that the presiding judge recuse himself from the case. On Thursday, Robbie Norfleet, attorney for Virginia "Carol" Hampton, filed a motion during the defendants’ arr-aignment asking that Pulaski Cir-cuit Court Judge Jeffrey T. Burdette, who is presiding over the case now that it’s trans-itioned from dis-trict to circuit court with the defend-ants’ indictments, recuse himself from the case. “ ... Defendant states that recusal is necessary for two (2) reasons: person-al knowledge of facts relevant to the case and of key witness in the case; and to avoid the appearance of impropriety,” stated Norfleet in the motion. To recuse oneself means to withdraw from participating in a decision on grounds such as prejudice or personal involvement, according to the online Merriam-Webster Dictionary. Hampton, 44, Everett Hyden, 64, Noble Hampton, 63, Walter Creekmore, 62, and Darmus "Bubby" Dalton, 44, all appeared before Burdette for their arraignments and pleaded not guilty Thursday in the case. The defendants were indicted just last week on one count each of complicity to bribe a public servant. Dalton was also indicted on one count of persistent felony offender. The indictments came after the five were arrested for allegedly attempting to bribe Commonwealth’s Attorney Eddy F. Montgomery to release a family member, Brandon Compton, 28, from prison. Carol Hampton is the mother of Compton, who was twice-convicted for drug-related offenses. Compton is the grandson of Noble Hampton, and Darmus Dalton is Carol Hampton’s boyfriend, according to SPD. Creekmore is accused of getting the money from the family and giving it to Hyden, who is accused of offering it to Montgomery to get Compton out of jail. Stating that Pulaski Circuit Court Division I and Division II (with Judge David A. Tapp over Division I and Burdette over Division II) share the same staff, Norfleet, in his motion, said “ ... personal knowledge of facts giving rise to this Indictment is imputed to both divisions. Furthermore, is very possible that staff members that receive orders from both Judge Tapp and Judge Burdette will be called as witness in the above-styled case and, as a natural result, Judge Burdette will be in a position to have make calls as to their veracity and etc.” The case was presided over by Special Judge Michael Loy while in Pulaski County District Court because both district judges, Katie Wood and Jeffrey Scott Lawless, recused themselves from the case. Wood confirmed that to the Commonwealth Journal on Friday. The motion continues by stating that Montgomery and Tapp are witnesses to the case, which would require that Burdette also “ ... make calls as to their veracity and etc.” Burdette, Tapp and Montgomery all three serve in the 28th Judicial Circuit, which is made up of Pulaski, Rockcastle and Lincoln counties. “As such, to avoid the appearance of impropriety and to promote public confidence in the judiciary, recusal of Judges in the 28th Judicial Circuit is necessary,” Norfleet concluded in the motion. All five defendants are being represented separately in the case. The attorney for Dalton, Scott Foster, said he intended to file a motion for recusal as well. The remaining defense attorneys are also expected to file the motion. The case is being prosecuted by the attorney general’s office because Montgomery is a witness in the case. According to SPD, at about 8:45 a.m. on Monday, June 7, Montgomery was approached outside his office at 126 S. Main Street by Hyden, who allegedly made Montgomery an offer — $20,000 in cash to get Compton released. The Somerset Police Department undertook a four-day investigation after they were contacted by Montgomery, resulting in four arrests on June 10 (and Dalton’s on June 16). Several phone conversations were conducted between Montgomery and Hyden, according to SPD, and were recorded by detectives. The sting culminated in Hyden’s arrest after he allegedly showed up at Montgomery’s office to receive a hoped-for $2,000 kickback. A complicity to bribery of a public servant charge carries up to 10 years in prison for a defendant. Dalton faces up to 20 years in prison if convicted of the complicity to bribery charge and the persistent felony offender charge.