Published: June 29, 2009 08:21 am      

Trial of former EKU cop today

Court records show a former shift sergeant with the Eastern Kentucky University police department will be tried today on charges of tampering with physical evidence and sexual misconduct.

James King, of Woods Pointe Drive, originally had been scheduled to go on trial in April, but that trial date was continued. A jury trial is scheduled to begin at 9 a.m. today in Madison Circuit Court, according to a copy of the court's docket.

King, who was fired by EKU on April 14, 2008, as a result of a university policy violation, had been suspended following the incident which allegedly took place in February 2008.

Marc Whitt, EKU associate vice president for public relations and marketing, told the Register in March that King had been suspended Feb. 7, 2008, the day after an alleged sexual assault involving King. Richmond police investigated the case and initially charged King with first-degree rape, according to the minutes of a Madison County grand jury session.

King was indicted in September 2008, on the misdemeanor sexual misconduct charge as well as the felony evidence tampering charge. He is accused of allegedly hiding a laptop computer that could be used as evidence in the case, according to the indictment.

Whitt said in March that King was not on duty when the alleged assault occurred, and that no EKU officials are expected to testify in the trial.

A motion had been filed to exclude the use of the word “rape” from the trial, but Madison Circuit Judge Jean C. Logue denied that motion March 2.

Prosecutors argued during a hearing on the motion that the word was necessary to establish a motive for King to have allegedly hidden the computer.

If convicted, King could receive up to five years in prison for the evidence tampering charge. Sexual misconduct, defined in state law as engaging in sexual intercourse with another person without that person's consent, is punishable by up to 12 months in jail if convicted.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.