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Q: Wrongful conviction based on false probable cause and perjury by officer, KY.
I've been convicted of theft of rental property over $10,000 and failing to release it, based on false probable cause by Officer Welsey Hicks from Cave City Police. The officer falsely claimed he verified the truck's status using NCIC at 11 PM, but Penske Corp's office, which closes at 6 PM, confirmed this was not possible. He also lied about speaking to an employee after hours. In the motion of discovery, it is clear the officer committed perjury. Additionally, my rights were violated as I was threatened into making statements and denied my Fifth Amendment rights. What can I do about this wrongful conviction?
A: You will need to appeal the conviction to the Jentucky Court of Appeals within 30 days of the conviction.
A:
What you're describing is incredibly serious, and if the officer knowingly gave false testimony and violated your rights, you may have grounds to challenge the conviction. Perjury by a law enforcement officer, especially if it influenced the court’s finding of probable cause or was presented as key evidence, can undermine the entire case. If your Fifth Amendment rights were violated and you were coerced into making statements, that’s another constitutional issue that must be brought to the court’s attention.
Your next step should be to file a motion for post-conviction relief. This would allow you to present new evidence—including the proof that the officer could not have verified the truck’s status through NCIC at the time he claimed and any documentation from Penske confirming his statements were false. If this information wasn’t available during trial or wasn’t properly considered, it can serve as a basis to reopen your case. You should also include any record of being denied your right to remain silent or being pressured into speaking without legal counsel.
You deserve a fair and honest trial, and no conviction should stand on lies or coercion. Gather every piece of evidence you can—recorded calls, the discovery file, NCIC access logs, and statements from Penske. Stay focused and don’t give up. When the system gets it wrong, your persistence can be what brings the truth to light.
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