On Friday, October 3, 2025, the Appalachian News-Express reported that U.S. District Judge Gregory F. Van Tatenhove denied a motion to dismiss the case against Pike Circuit Judge Howard Keith Hall, who faces charges of mail fraud and theft of government funds. The charges stem from Hall’s prior role as Pike County Attorney, specifically concerning the employment of Michael Shane Hall as an assistant county attorney.
The legal challenge was brought forth by Hall’s defense attorney, J. Guthrie True, who argued that his client had not committed a crime. True’s argument, initially presented in a motion to dismiss in July and reiterated during a hearing on September 30, centered on the assertion that state laws and existing regulations for county attorneys do not mandate a specific amount of work for assistant county attorneys.
True emphasized the minimal statutory requirements for the position, stating that an assistant county attorney must be licensed to practice law in the Commonwealth and, at one time, was required to reside in the county they serve. He further contended that Hall never explicitly claimed Michael Shane Hall worked a specific number of hours, but rather certified that employees fulfilled their statutory duties.
Assistant U.S. Attorney Kate Smith countered True’s arguments, asserting that Howard Keith Hall had indeed represented in documents filed with the Kentucky Prosecutors Advisory Council that Michael Shane Hall performed work. Smith vehemently disagreed with the defense’s claims, stating that the county attorney is responsible for accurately representing who worked and what their duties were. She alleged that Michael Shane Hall performed no work for the office.
Smith characterized the situation as one involving a “ghost employee,” claiming that Michael Shane Hall worked “little to no hours” and “not one time in 10 years did he do any work for the county attorney.”
Judge Van Tatenhove directly questioned Smith about whether the government’s case hinged on the number of hours Michael Shane Hall worked. Smith responded by calling it “preposterous” to suggest there were no work hour requirements and reiterated that Michael Shane Hall performed no work for the office.
In his ruling, Van Tatenhove stated that the prosecution’s allegations, if proven true, would constitute violations of federal mail fraud and federal assistance statutes. He also emphasized that the motion to dismiss was filed at an early stage of the proceedings. Van Tatenhove cited caselaw, noting that federal district courts are prohibited from assessing the sufficiency of the government’s evidence during a pretrial motion to dismiss. He explained that the government is entitled to present its evidence at trial, where its sufficiency can be tested through a motion for acquittal.
Van Tatenhove concluded by stating that the dismissal of an indictment is an extraordinary measure rarely ordered by district courts. He emphasized that courts are required to accept the allegations in the indictment as true when determining whether the United States has charged an offense. The case is currently scheduled for trial on November 10.
Source: Appalachian News-Express
