Bingham faces possible forgery
charge Jeremy Nash news-herald.net
A
former Loudon church leader who pleaded guilty in September
for having sex with a minor is again under investigation as
9th Judicial District Attorney General Russell Johnson’s
Office looks into a possible forged physician’s note.
Courtney Michelle Bingham, 36, was given 12 years in jail and must serve 35% before she is eligible for parole after pleading guilty in Loudon County Criminal Court to four counts of aggravated statutory rape and one count of solicitation of a minor to commit statutory rape by an authority figure stemming from her arrest in December 2018.
“Our office is pursuing an investigation that could lead to
an additional criminal charge of forgery or related
charges,” Johnson said in an email correspondence. “A
hearing was held via phone conference in Morgan County with
the treating physician in Morgan County to determine what
should be done relative to her missing her report to jail
date and her surgery that she had scheduled the day after
she was to report. The doctor’s testimony at the hearing
confirmed what we suspected regarding the ‘doctor’s
excuse’.”
Prior to her plea,
Bingham’s attorney Robert Hinton filed a motion for
continuance Sept. 8 requesting to push back her trial,
which was set for Sept. 15. According to the motion,
Bingham, also known as Courtney Lackey, underwent “major
neck surgery and cervical spinal fusion” Sept. 2. The
motion said another surgery would occur four months
later, and that she could not defend herself due to
health concerns with infection risk, COVID-19 concerns
and after-effects of her surgeries.
A physician’s
letter was provided as an exhibit.
“She continues to
be evaluated and we are pursuing additional testing and
physical therapies, which inhibit her from working and
being exposed to the public related to the risk of
COVID-19,” according to the submitted letter. “Due to
her health, she is at higher risk and is not released to
return to work and from a neurological standpoint, due
to her current condition and upcoming procedures, she is
unable to stand trial Sept. 15, 2020.”
Johnson said
during an in-chambers hearing in Wartburg, which was not
public due to Health Insurance Portability and
Accountability Act privacy, Bingham’s doctor noted an
altered letter, pointing out the font differences.
Johnson said the doctor’s initial letter pertained to
her work.
An emergency motion to delay entry into jail was filed Oct. 9 by Hinton, noting Bingham needed “subsequent major surgeries involving nerve endings pressing against her spinal cord, plus bone grafts.” The motion asked for at least 60 days delayed entry to jail/Tennessee Department of Corrections to allow for a surgery to occur Oct. 12 and rehabilitation. Bingham was set to begin her jail sentence Oct. 11. She reported Oct. 30 after being granted to do so from Criminal Court Judge Jeffrey Wicks.
Hinton on Oct.
29 filed motions to withdraw the document and as
attorney of record. A hearing on the motions have
not been scheduled, Hinton said.
Hinton
declined comment due to lawyer’s rules of ethics.
Johnson does
not know how long the investigation will occur.
“We’re
struggling with who’s going to go do the interview,”
Johnson said. “This was Jason Smith’s case to begin
with when he was at the sheriff’s office and he’s
now at Lenoir City (Police Department). The forgery,
we don’t know if took place in Loudon County, Loudon
city, Knoxville, wherever. It may possibly be a
(Tennessee Bureau of Investigation) investigation. I
may have one of my investigators work on it, too.
Probably going to be a combination of two or three
different agencies perhaps just to kind of figure
out the logistics of how that needs to be done.”
If a charge is
brought, Johnson said it would “possibly” be taken
to a Loudon County grand jury in December.
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11/16/20