By Brad Hicks / Staff Writer
Calvin Manis was in United States District Court in London on Monday for a pretrial conference before he heads to trial on gun and drug charges.
Manis, a Barbourville City Council member and owner and operator of Parkway Pharmacy, was arrested by the ATF in March after being summoned to appear in U.S. District Court on a 23-count indictment.
Count 1 of the indictment alleges that between Feb. 29, 2003 and Aug. 3, 2004, Manis “did knowingly sell, purchase and trade prescription drug samples.” The remaining 22 indictments allege that between 2003-2006, Manis, acting as a licensed firearms dealer, knowingly sold firearms to people he knew or reasonably should have known were convicted felons, made at least three multiple sales of handguns to the same person on the same day without reporting this information to law enforcement, made false statements on Federal Firearms Transaction Records or failed to keep these required records, which resulted in straw purchases, in which the buyer cannot legally own the item in question and therefore must purchase it from another buyer. All counts allegedly took place in Knox County.
In a response filed June 3, United States Magistrate Judge Robert Wier denied the motion of Manis’ defense requesting the dismissal of Count 1 on the grounds that it is duplicitous, meaning it includes more than one offense. “A duplicitous indictment is one that ‘charges separate offenses in a single count,’” the response stated.
However, Wier decided to prosecute Count 1 in a separate trial. There is still time for the defense to file objections, but Greg Ousley, attorney for the United States, said he is doubtful any will be filed.
“The magistrate has found Count 1 to be duplicitous and we are in agreement with his findings,” said Manis’ defense attorney William Crabtree.
“I think the magistrate’s decision was very well thought out,” said U.S. District Judge for the Eastern District of Kentucky Danny C. Reeves.
Manis’ original trial date, set for July 8, will now be the scheduled trial date for Count 1. Ousley and Manis’ defense lawyers, Lowell Lundy and Crabtree, agreed that the trial for the remainder of the charges will be tried in the weeks following.
“We might even restart plea negotiations, if the court will allow,” Ousley said.
Ousley also said he would file notice by the end of the week for the introduction of new evidence at the trial.
Another hearing is likely before the July 8 trial, and the possibility of a change of venue may be discussed.
“The defendant is a public figure who holds public office,” Ousley said. “It’s my understanding he’s been in business a long time. He’s a well-respected businessperson in the community.”
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