By NCFM
Public records recently obtained in the Kit Martin murder trial exposes the lies, fraud, and public corruption, which led to the fraudulent indictment and subsequent trial and wrongful conviction.
These public records include a Motion to Dismiss the charges based on false and misleading testimony before the Grand Jury which resulted in the indictment. The motion included the full Grand Jury transcript and the defense forensic expert’s examination and report. All three of those documents have been included here: (1) Kit Martin Grand Jury Transcript Lt. Scott Smith (2) Kit Martin Cell Data Expert Report (3) KIT MARTIN Motion to Dismiss for False Statements at Grand Jury
The Motion to Dismiss based on false and misleading testimony was ultimately denied by Judge John Atkins, and with the information that was provided, it is incredulous that any judicial officer would deny this motion.
The Grand Jury was convened on Friday, May 10, 2019 and miraculously….. and unbelievably….. and with magical and impeccable timing….. just by happenstance, heard testimony on that day; one of the extremely rare days that Kit Martin, as a pilot for PSA Airlines happened to fly into the Commonwealth of Kentucky, for a layover to fly out on Saturday, May 11, 2019, out of the Louisville Muhammad Ali International Airport.
What luck? Three and a half years after the homicides, and little to no investigative activity for nearly two years, none of it pointing to Kit Martin’s involvement, that magically….. he was indicted and just happened to be in Kentucky, and arrested, all in a period of less than 24 hours.
In another stroke of luck, the Christian County Sheriff’s Department, the Kentucky State Police, the Louisville Metropolitan Police Department, and the U.S. Marshals Service all participated in conducting a high-profile arrest in front of terrified and stunned airport travelers with television cameras in tow. Then came the televised press conference by A.G. Andy Beshear who never mentioned what ‘new evidence’ suddenly led authorities to indict Kit Martin.
AND….. in another stroke of magical timing, the indictment and arrest just so happened to occur ELEVEN (11) days before the primary election where then Attorney General Andy Beshear, who was polling neck and neck with two other candidates for Governor, ultimately won the primary election with the slimmest of margins. (More on that to come).
The sheer magical luck of the timing of these events is stunning, and we haven’t even gotten to the Grand Jury testimony.
The ONLY person who testified before the Grand Jury was Christian County Sheriff’s Department Lieutenant Leonard Scott Smith, who was a member of the Kentucky State Police when he was brought into the investigation at the beginning.
NCFM encourages our readers to download and read the transcript, defense expert’s report, and the motion to dismiss (links above), there were two main issues in the Motion to Dismiss, and two other issues in his testimony that were false and misleading, that Smith testified to. Here are those issues.
1. Smith testified, (under oath) that Kit Martin’s cell phone was not at his home and was in the area of Rosetown Road; the area where the burned car was located that contained the bodies of Pam Phillips and Ed Dansereau. Here is a snippet from page 18 of the transcript.
THAT IS FALSE: Smith claims he was relying on an FBI analysis and report, but the FBI report actually said the opposite.
2. Smith testified, (under oath) that Kit Martin’s cell phone and victim Pam Phillips cell phone were traveling in the same direction towards Martin’s place of work at Fort Campbell.
THAT IS FALSE: Smith claims he was relying on an FBI analysis and report, but the FBI report actually contradicts his testimony.
The following is from page 1 & 2 of the defense cell data and tower expert’s report.
In plain terms, Smith made it up; he LIED. Why did the prosecutor allow or permit him to lie?
3. Smith testified, (under oath) that a shell casing found at the scene where Calvin Phillips body was found, matched a gun, a Glock 45 that was recovered from Kit Martin’s residence. Below is a snippet from page 15 of the transcript and lets point out a number of problematic areas.
Smith testified that in December of 2018 they got a lab report back that said that the shell casing found at the scene matched Kit’s Glock .45. What Smith DIDN’T say was that the shell casing wasn’t found by the sheriff’s department, in TWO separate searches of the back porch, but was found by one of the victim’s sister, Diane Phillips, FIVE (5) MONTHS AFTER the initial crime scene search and DIDN’T say that Diane Phillips FAILED a polygraph about the circumstances of her finding the shell casing.
So….. this begs to ask a number of questions.
How is it remotely possible….. that ANY….. law enforcement agency would not find a spent shell casing, approximately 6 feet away from where they found a dead body that had been shot, after conducting two separate searches of that specific area?
Why did they receive a lab report in December of 2018, specifically December 14, 2018, indicating a match between the shell casing and Kit Martin’s Glock .45, when the shell casing was allegedly recovered in April of 2016, TWO YEARS and EIGHT MONTHS earlier? Below is a snippet from the Kentucky State Police Lab showing the date of their report, December 14, 2018.
Doesn’t it seem odd that any competent law enforcement agency, in a triple homicide would wait nearly three years to find out this crucial information? Well, there is an answer for that too.
Smith testified that they did not receive a lab report confirming the match between the shell casing and Kit Martin’s Glock .45 until December of 2018, specifically December 14, 2018, and that part is true.
What Smith didn’t tell the Grand Jury was that they didn’t submit the shell casing for forensic review until TWO days prior on December 12, 2018. Below is a snippet of that report.
Why….. did the sheriff’s department wait nearly TWO YEARS and EIGHT MONTHS to send the shell casing to the lab for analysis? Why did Smith leave out that little detail?
Why didn’t the prosecutor ask Smith about this delay, about the truth of how and when it was found, about the fact that the sheriff’s department missed it, in two separate crime scene searches? And why didn’t the prosecutor ask Smith or reveal to the Grand Jury that the person who allegedly found the shell casing, Diane Phillips, FAILED a polygraph exam about how the shell casing was found?
Smith also failed to tell the Grand Jury that when Kit Martin and Joan Harmon first moved to Pembroke a few years earlier, they were initially friendly with Cal & Pam Phillips before Kit realized that Cal Phillips was engaged in some questionable and possible illegal activities.
During this more pleasant time when their was some level of friendship, Smith failed to tell the Grand Jury that Kit Martin, Joan Harmon and Cal Phillips did some target shooting in Cal’s back yard, in an area where they could legally shoot handguns in preparation for getting their concealed carry permits. Below is a copy of the CCW training certificate issued to Joan Harmon in March of 2012.
Why didn’t Smith tell the Grand Jury that the only people on the planet who knew the exact location in Cal’s back yard where they shot their various guns, including where Kit fired this same Glock .45, and who would know the exact location where empty shell casings could be found amongst the tall grass and weeds, were….. Kit Martin, Cal Phillips, Pam Phillips, and….. JOAN HARMON?
Perhaps that question would have been asked of her if her subpoena to testify at the trial had not illegally been quashed.
Are we starting to see a pattern here?
Smith also testified falsely that Pam Phillips’ cell phone was found in front of a residence off of Kentucky 104 in Todd County, (Joan Harmon’s residence).
That is a lie. Officially, the phone was recovered by AT&T employees at the AT&T store in Hopkinsville as we all witnessed on the Court TV video segment. The story about it being found in front of a residence off of Kentucky 104 in Todd County is the story that Joan Harmon gave the sheriff’s department, which was never verified.
Here is another oddity in Smith’s testimony.
Take a look at who Smith testified who he was contacted by to assist with the investigation….. Ed Stokes. The same Ed Stokes who is the brother of William Stokes, the same William Stokes who was cohabitating with Joan Harmon at the time of the murders.
Why did Stokes make a call directly to Smith?
Common sense dictates, and the International Association of Chiefs of Police provides a model policy for law enforcement agencies, requesting assistance from other law enforcement agencies and it must be governed through mutual aid agreements, through specified policies with command oversight.
https://www.theiacp.org/sites/default/files/2018-08/MutualAidPaper.pdf
In this scenario, it was one investigator directly calling another investigator in violation of any norms, common sense, protocol, policy or procedure and has the appearance of wrongdoing or a potential cover-up.
In plain terms, Stokes calling Smith directly….. STINKS.
CONCLUSION
It is now explicitly clear, based on facts, evidence and false testimony that Lieutenant Smith intentionally lied, twisted facts, and circumvented information with the specific intent of misleading the Grand Jury and to obtain the indictment of Kit Martin.
This is a clear violation of Kentucky. Revised. Statute § 523.020, which states.
(1) A person is guilty of perjury in the first degree when he or she makes a material false statement, which he or she does not believe:
(a) In any official proceeding under an oath required or authorized by law;
(b) In a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his or her official functions when such person is subscribing a warrant accusing his or her spouse of an offense under KRS Chapter 510; or
(c) In an application for a warrant under KRS 455.180.
(2) Perjury in the first degree is a Class D felony.
This would also be a clear federal civil rights violation, Title 18 U.S. Code § 242 – Deprivation of Rights under Color of Law.
It is beyond the time for a full scale federal public corruption investigation.
It is also clear that Smith is not the only one to be investigated.
As it always happens, when cornered, the rats will start turning on each, and they already have.
Let’s hope Lieutenant Smith eventually finds a new home.
NCFM, Kit Martin case, EXPOSED!!! LIES, FRAUD, & PUBLIC CORRUPTION IN PLAIN SITE IN THE KIT MARTIN FRAUDULENT INDICTMENT & SHAM TRIAL
