FOX 17 News Nashville Investigative Reporter Dennis Ferrier recently published a video report and article in the Kit Martin case going on in Christian County Kentucky.
The issue surrounds the forensic analysis of cell phone data. The damning report makes it explicitly clear that the Grand Jury which issued the murder indictment against Kit Martin was intentionally given false and misleading information.
Here is an excerpt from the News Report.
The forensic report revealed that Christian County Sheriff’s Department investigator, Lieutenant Leonard Scott Smith testified that Kit Martin’s cell phone was in the area of one of the crimes scenes when factual forensic evidence states the opposite.
Detective Lt. Scott Smith
The news report which is supported by the forensic analysis also debunks testimony that Martin’s, and victim Pam Phillips’ (one of the three murder victims) cell phones were traveling together in the direction of Fort Campbell, when in reality they were traveling in completely different directions.
Testifying falsely to the grand jury is a Class D Felony, Kentucky Criminal Code Statute Section 523.020;
- A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law;……….
There have other recent examples in Kentucky of law enforcement officers who have been charged with Perjury in court proceedings.
Just last month, Louisville Kentucky Metro Police Detective John David Green was indicted on two counts of Perjury related to a 2018 theft case, when he gave false testimony in two separate proceedings. In 2017 former Kentucky State Police Detective Charles J. Senters was indicted by a Grand Jury for Perjury as he was accused of giving false statements under oath in a hearing.
The emphasis and severity of law enforcement officers falsely testifying was magnified in 1998 by Harvard Law School Professor, Alan M. Dershowitz when he testified before the U.S. House of Representatives Judiciary Committee. He spoke of the corrosive influences of perjury in the legal system throughout the United States, stating in part.
‘The most heinous brand of lying (perjury by police officers) is the giving of false testimony that results in the imprisonment or execution of an innocent person.’
If it is true that Lieutenant Smith perjured himself before the grand jury and he is indicted as other law enforcement officers have been, he could also be charged federally with a criminal law violation of Title 18 U.S. Code § 242 – Deprivation of Rights Under Color of Law, which mandates a prison sentence with the length depending on the circumstances.
Last September, FOX 17 News Nashville reported that the case against Kit Martin was falling apart. Apparently, more than a hundred items were tested for DNA and none came back to Kit Martin. The report also states that a bullet casing they allege matched Kit Martin’s gun, found five (5) months after their initial search, was allegedly found by a third person who later failed a polygraph exam. Here is an excerpt of that broadcast.
Now there is forensic cell phone data analysis and evidence that is factually opposite of what was testified to the grand jury, which strongly suggests that perjured testimony was provided. An unknown third person allegedly claims to have found a shell casing at the crime scene five months after the initial crime scene search and who later failed the polygraph test. There were more than a hundred items tested for DNA and not one matched Kit Martin. The defense claims that ballistic evidence is in dispute, and they waited 3 ½ years before issuing an indictment.
What exactly is going on? Why is Kit Martin being held in custody for nearly two years now? Has the Sheriff called for a corruption investigation by the FBI, or even issued a press release? Is it possible Martin’s arrest is somehow politically motivated? Or, maybe it’s a ruse to deflect guilt from others involved intimately with his ex wife, bigamist Joan Harmon.
Let’s not forget facts that have already been established. Kit Martin’s ex-wife who has since been convicted of a felony charge of Bigamy was involved with local truck driver William Stokes. Stokes’ brother Ed, is a Detective with the Christian County Sheriff’s Department, although his photo is mysteriously missing from the department’s current website. Public records in the criminal case reveal that Ed Stokes was present at both crime scenes.
There are rumblings that some people with knowledge about this case, beneficial to Martin, are fearful of coming forward for fear of retaliation by the sheriff’s department, district attorney’s office and powerful politicians.
For those in the Christian County – Pembroke area, if you have information or knowledge about this crime or concerns about your own safety, you can reach out to the local FBI office or the Office of the United States Marshals. It would seem that neither the sheriff’s department nor the Kentucky State Police can be trusted.
The prosecutor has a moral and legal obligation at this point to cease this charade of a wrongful prosecution of Kit Martin and the sheriff and other county leaders have a moral obligation to request a federal criminal corruption probe. If a probe proves, as the forensic report proves, that false and misleading testimony was provided to the grand jury, then that person or persons must be indicted.
We now know that the evidence analyzed by defense experts exonerates Kit Martin, so who is responsible for this heinous crime? There are certainly a host of unanswered questions.
Kit Martin, an honorable and innocent man has been wrongly accused and falsely put in a jail for almost two years. Why? He needs to be immediately released and he has a right to know why he has been framed for murders he did not commit.
As lead defense attorney, Tom Griffiths has stated, ‘the case against Mr. Martin is evaporating.’ We opined from the start that there was never a case to begin with.
As further developments are reported, we will keep our readers informed.
Links/References
https://www.lawserver.com/law/state/kentucky/ky-statutes/kentucky_statutes_523-020
https://constitution.org/2-LawRev/dershowitz_test_981201.htm
https://www.law.cornell.edu/uscode/text/18/242
NCFM Kit Martin murder case update, “Recently Released Explosive Evidence in the Kit Martin Case Reveals that False and Misleading Evidence was Presented to the Grand Jury
I watch all the dateline mysteries and most are guilty but this guy was not . This man was framed and it’s sad to see . I know the victims families want justice but putting the wrong person in jail isn’t justice.
I love Court TV **i’ve watched the trail , i cant get over the fact that he was Seen RIGHT near where the car was burnt/found before the HORRIFIC murders.ill be waiting for an answer
He was not seen by the burning car. Cell phone records prove without a doubt that he was miles away and involved conversing with his attorneys. The man who testified that he saw Kit in the area of the burning car has a lengthy felony record and apparently did a deal with the prosecution to give false testimony. He was a plant…
They flat out framed this guy . Why didn’t his lawyer ask how the dog tags get on top of a bookcase nowhere close to where the crime took place . Why didn’t his lawyers hammer home the disfuntional investigation in the first place ? They cleared a triple murder crime scene after two days and this was a huge house with a lot of clutter. The family of the victims found most of the evidence they used against the Major months after they cleared the crime scene .
I’ve always wondered about the dog tags: how they were on string, instead of a metal necklace, and the unprofessional way that the name was rendered (“Martin, Kit” instead of “Martin, Christian R.”). Even the tags themselves looked cheap, with a rolled edge instead of a solid one.
The tags are fake, and they were obviously planted in order to frame Mr Martin.
I hope that Mr Martin is able to appeal for a new trial.
I watched the entire trial. I truly believe Christian Martin is GUILTY as sin! He had MOTIVE. Huge motive. He only got 90 days in his court marital because he silenced his one and only accuser. He has past history of abuse. He treated he ex wives like dirt… Joan didn’t work so he wants a divorce. Wow! Everything about this man when he was on the stand was sketchy. He didn’t know where Rose-Town road was? Whatever. He throws Pam’s cell phone into Joan’s yard to try to throw suspicion her way. The timeline shows when he did it. Good thing Pam’s co-worker didn’t go inside the house to check on Cal and Pam and her gut told her not to or she would probably be dead too. The Jury got it RIGHT. I hope he rots in prison. Glad the streets are safer now from this creep!
I watched this entire trial and still cannot believe he Kit was convicted. It seems most of the evidence that was beneficial to him was not allowed by the judge. Especially Joan Harmon being able to plead the 5th. If she had nothing to do with this murder case what was she afraid of and how would she incriminate herself? None of it makes any sense, how sad for his entire family.
she shouldn’t have been able to do that because by law she was not his wife at all. She should have been drawn right in that courtroom. He was set up
I watched this case from start to finish and was in complete shock that a jury found him guilty. I can’t even watch Court tv now because I am livid at how the jury got it so wrong. They didn’t like Martin and that’s the only reason they found him guilty. It certainly wasn’t because there was any evidence. I pray justice is found for this innocent man!
Did forensics ever say whose DNA from all of the tests reveal whose they were? I don’t recall hearing the results.Sounds like Joan Is good with sexual favors to stay out of prison.
This case reminds me of the song by Reba McEntire “When The Lights Go Out in Georgia.”
About the backwoods sherrif and crooked Judge> Iknow it is Kentucky for this case but Kentucky could be replace for Georgia in the song. This case is a political travisty all conjured with sex, liies and false Grandy Jury testimony by several professional people for witnesses.
Was the DNA on the dog tags and string analyzed?
Probably.
I watch all the dateline mysteries and most are guilty but this guy was not . This man was framed and it’s sad to see . I know the victims families want justice but putting the wrong person in jail isn’t justice.
They flat out framed this guy . Why didn’t his lawyer ask how the dog tags get on top of a bookcase nowhere close to where the crime took place . Why didn’t his lawyers hammer home the disfuntional investigation in the first place ? They cleared a triple murder crime scene after two days and this was a huge house with a lot of clutter. The family of the victims found most of the evidence they used against the Major months after they cleared the crime scene .
I watched every minute of this case. I, like many, many others cannot understand at all how Kit Martin was found guilty! There is not one ounce of evidence connecting Kit Martin to these murders, DNA or otherwise. Let’s not forget about the cell phone records. And, on that note, this case should have NEVER have made it past the grand jury as Lt. Smith’s testimony was false! Cell phone records do not lie, nor does DNA.
This verdict is one of the worst miscarriages of justice that I have ever seen! Here is a veteran who served 30 years protecting our and the 12 jurors’ freedom who now finds his taken away.
The state and law enforcement was less than honest! The jury did not have all of the facts! For one, how come the jury was not told that Joan Harmon and her son were allowed to plead the fifth???
Please, please, please, is there anything that we can do? I know he has an excellent defense team, but I would love to help in any way I can. I am a nurse, not an attorney but, there has to be something that we can do to get Kit home back to his family and bring the real murderers to justice.
I can not believe that not one out of twelve people found reasonable doubt , it’s beyond unbelievable , here’s a man who fought for our freedom for 30 years , and we take away his his , I don’t for one minute believe he is guilty , isn’t there anything we can do to help him ?
We are working on doing something, but it’s very complicated. Stay tuned though…
I am an avid viewer of Court TV and watched this trial completely. Kit Martin is not guilty! Please help free him!
Could you put an on-line petition out for Free Kit Martin? Many are not on Face Book and I’m sure people would sign an on-line petition.
I was shocked when the jury found this innocent man guilty. When he was on the stand he seemed “too polished” Not enough emotion. Most don’t understand what the military does to peoples emotions. They are trained to not show weakness. I literally LOST SLEEP over this conviction and I don’t even know the man. I was so happy that Court TV aired his interview from the jail and I hope more exposure to this case continues!! I have totally lost faith in the judicial system and juries after this one. I have seen guilty people walk free and innocent people get locked up for LIFE! Sad!!
Pamela,
Many of us have lost sleep over the persecution of Kit. Kentucky is “old school” and apparently the most corrupt state in the union. There’s a problem with online petitions. Influencer’s watch the progress of such efforts. If the petitions fail, it increases their sense of security. So the malignant players feel even safer.
I hope that your teams will investigate further the details about Pam Phillips’ phone which got in the hands of Joan Harmon. What were the two figures outside the Phillips’ house doing on November 19 2015? So many questions, very few objective answers. Your justice system stinks. They did the same to Bahena
We agree. It seems both the judge and jury ignored factual evidence that supported Kit’s innocence.
From what I just read, about the Grand Jury, etc. sound like Court TV needs to be contacted. They could also be ground for his court appeal. I for one have never heard of a person convicted of a crime with having an albi and no witnesses, no DNA match and fingerprints!
It’s a new one to us too. Conviction by hear say and no evidence. There will be an appeal. Count on it.
I can not believe that not one out of twelve people found reasonable doubt , it’s beyond unbelievable , here’s a man who fought for our freedom for 30 years , and we take away his his , I don’t for one minute believe he is guilty , isn’t there anything we can do to help him ?