Cave City man faces new trial

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February 17, 2009

By GINA KINSLOW The Glasgow Daily Times Tue Feb 17, 2009, 12:19 PM CST

GLASGOW — A man who has already stood trial for a crime he committed two years ago will face another jury this spring for the same crime.

Lonnie Dayle Freeman, 42, of 883 Hiseville Road, Cave City, was arraigned Monday in Barren Circuit Court on a superceding indictment on a charge of persistent felony offender in the first degree.

Freeman was indicted by a Barren County grand jury on Feb. 15. The current indictment replaces a May 2006 indictment that accused Freeman of manufacturing methamphetamine, possession of anhydrous ammonia in unapproved container with the intent to manufacture methamphetamine, first degree, and persistent felony offender, second degree. The two meth-related charges remain part of the indictment the PFO charged was the only item that was altered.

Barren Circuit Court Judge Phil Patton declared a mistrial in Freeman’s July 2007 trial when the jury could not reach a unanimous verdict.

According to court officials, the new indictment will further enhance the penalty for the crime if Freeman is convicted of the underlying charges.

Freeman’s new trial date was set for May 7-8. A pretrial conference is scheduled for April 27.

In a separate case, Freeman, along with Dustin Asher, 34, of Glasgow, is accused of murder and tampering with physical evidence in the July 2005 deaths of Daniel Froedge, 38, of Park City, and Kelly O. Johnson, 32, of Smiths Grove. They are scheduled to stand trial for those charges on March 17 in Warren County. The next hearing in that case is scheduled for March 6.

The men were initially tried on these charges in October 2006 in Allen Circuit Court and the case ended in a hung jury. The retrial was moved to Warren County due to publicity surrounding the initial trial.

New trial date set for Smiths Grove man

A new trial date has been set in the case of a Barren County man indicted on drug-related charges.

Joshua Adam Upton, 27, 2073 Coals Bend Road, Smiths Grove, is scheduled to stand trial in Barren Circuit Court on April 23 and 24.

The case was originally set to go to trial on Feb. 13, but it was determined that more than one day was needed. This is the third time a jury trial has been scheduled in the case, according to Barren Circuit Court records.

Upton appeared in court on Monday for a status hearing during which the new trial date was set.

The trial could not be scheduled any earlier due to a scheduling conflict for Upton’s attorney.

Upton was indicted on March 20, 2008, and arraigned on April 7, 2008, on charges of manufacturing methamphetamine, possession of anhydrous ammonia in an unapproved container to manufacture methamphetamine, first-degree possession of a controlled substance-methamphetamine, use/possession of drug paraphernalia, and second-degree persistent felony offender.

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