Appellate court upholds sentence for drug dealer

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June 6, 2008

Burnside man given 12-year term

By HEATHER PYLES, CJ Staff Writer The Commonwealth Journal Wed Dec 09, 2009, 12:21 AM EST

The Kentucky Court of Appeals, in a decision to be published, affirmed a 12-year sentence for a Pulaski County man Friday who was convicted of two counts of first-degree trafficking by a jury at the beginning of last year.

According to a press release from Commonwealth Attorney Eddie F. Montgomery’s office, Greg Dillman, 41, of Burnside stood trial in January 2007 on trafficking charges after he sold narcotics to an undercover witness working with the lake Cumberland Area Drug Task Force.

During that trial, Dillman contended that he had been “entrapped” into selling those drugs. Despite the defense’s case, the jury recommended a 12-year sentence, and Pulaski Circuit Judge David Tapp imposed the sentence.

Dillman appealed the verdict and claimed that there had been numerous irregularities in the trial, including the following:

• that his right against self-incrimination was violated

• that evidence of prior bad acts were improperly admitted against him

• that he was improperly asked questions about incriminating statements made in 2002 relating to another drug case

• that the Commonwealth did not provide certain evidence in a timely manner

• that the jury should have been instructed that Dillman was merely a “facilitator” to the drug deals.

Evidence was released to the contrary after the appeal was filed, including an incident in 2002 in which Dillman reportedly told Russell County police that he was involved in drugs because he “could make three times the money,” according to the release.

The Court of Appeals, in rejecting Dillman’s issues, held that Dillman placed himself at peril by taking the stand in his own defense. In addition, the Court ruled that the evidence did not support the theory that Dillman was merely a facilitator to another drug deal, but was an active participant.

The Court also held that the evidence regarding Dillman’s 2002 statements were given in a timely manner, stating that the Commonwealth acted “in as prudent a manner as possible…”

Finally, the Court ruled that the questions regarding Dillman’s sources of drugs was a fair game once he chose to take the stand.

“I’m pleased with this verdict. This was a clean jury trial, well judged and fairly held,” Montgomery said. “My office put on a good case and I’m glad the Court of Appeals recognized that. Since it is a published decision, it will be precedent for other prosecutors to use around the state.”

Montgomery also thanked UNITE Prosecutor Dalton for his efforts in this drug prosecution.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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