Whitesburg KY

Three drug suspects out of jail on bond, two others still held

Three of five Letcher County residents charged last week with trafficking in narcotics have been released on bond. The two other suspects, former Letcher County Magistrate Homer Rose Jr. and his brother Richard Wayne Rose, were ordered to remain in custody this week while a U.S. magistrate judge takes their request for bond “under advisement.”

All five defendants pleaded not guilty last week to charges of conspiring to traffic in the painkiller oxycodone. The charges are contained in indictments returned Aug. 27 by a federal grand jury in Pikeville.

At a detention hearing in U.S. District Court in Pikeville on Sept. 8, Magistrate Judge Edward B. Atkins approved the conditional release of defendant Crystal Starr Bolden Rose, 29, of Thornton, but ordered Homer Rose, 62, and Wayne Rose, 54, to remain in custody pending a “forthcoming” order.

Defendants Arthur Clemon Richardson, 37, of Haymond and Ada Baker Mullins, 64, of Neon were freed on bond after separate hearings last week. Richardson pleaded not guilty after surrendering to authorities on Sept. 1. Mullins, who is also known as Lucille Seals, appeared before Atkins on Sept. 2 and waived her right to a preliminary hearing.

According to an affidavit filed with the charges against Mullins/ Seals, the investigation leading to the arrests of the five defendants began while the federal Drug Enforcement Agency was investigating the OxyContin trafficking activities of Joe Hall, a former Neon resident who lived with Mullins/Seals when he was visiting Letcher County from Detroit.

Richard A.J. Dalrymple, a Laurel County sheriff’s deputy who is a task force officer with the DEA, wrote in the affidavit that law enforcement officials learned from informants in 2007 that Mullins/Seals was in possession of a “large amount” of OxyContin tablets that were delivered to her home weekly by Hall, then her live-in boyfriend.

Dalrymple wrote that one informant a cereal bowl at Seals’s residence approximately one-half full of OxyContin 80 mg. tablets.” The same informant, said Dalrymple, also negotiated to buy a kilogram of cocaine from Mullins/Seals and Hall for $24,000. Another informant told authorities that he bought 20 OxyContin tablets each week from the couple.

Dalrymple said one informant told authorities that the home of Mullins/Seals was equipped with an electronic device that could detect if a customer was wearing a recording or transmitting device.

“Seals used the counter surveillance device (on the informant) and told (the informant) that if the device went off so would the firearm on top of the television,” Dalrymple wrote. “(The informant) understood this to be a threat to his life if he were to help law enforcement into Hall and/or Seals.”

Dalrymple said one three informants used in the investigation was able to buy 26 OxyContin tablets from Hall and Mullins/Seals during a “controlled buy.” Dalrymple said Hall admitted to authorities “in the presence of his attorney” that he supplied Mullins/Seals “with between 50 and 100 OxyContin 80 mg. tablets per week.”

Dalrymple wrote that Arthur Richardson told authorities this past June that “Seals told him that she received between 100 and 150 OxyContin 80 mg. tablets from Hall every three days.”

Hall, who was arrested in Detroit in May 2008, admitted to police that he transported at least 130,000 OxyContin tablets to the Kentucky River area during the 2-1/2 year period before he was taken into custody.

Wayne Rose’s attorney, C. William Swinford Jr. of Lexington, told Magistrate Judge Atkins at Tuesday’s hearing that Rose should be given special consideration for release on bond because he suffers from severe diabetes and requires regular insulin shots and frequent glucose monitoring. Wayne Rose also suffers from coronary artery disease, his attorney says.

Judge Atkins entered into the record Tuesday a letter Swinford wrote to officials at the federal detention center in Pikeville in which Swinford expressed concern that Wayne Rose was “not receiving his medications as prescribed by his physician” for treatment. Swinford asked that the six medications be administered “in a timely and prescribed fashion.”

Four Letcher County residents attended Tuesday’s detention hearing to testify that Homer Rose, who has served two terms as magistrate in District Three and has no previous felony charges on his record, would not be a flight risk if released on bond. Those asked to testify on behalf of Homer Rose were District Five Magistrate Wayne Fleming; former Whitesburg radio station owner G.C. Kincer, who grew up with Rose in Haymond; and longtime friends Henry Bentley and Robert Kiser. Also testifying were Homer Rose’s wife, Cathryn Rose, and his sister, Barbara Ann Rose Fox.

Testifying for the government was DEA task force agent Dalrymple.

A trial date of Nov. 3 has been set for Homer Rose, Wayne Rose, Crystal Rose, and Arthur Richardson. No trial date was set for Mullins/Seals.

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