A former Eastern Kentucky prison guard convicted of smuggling drugs into the Martin County Federal Prison wants a new trial.
Alice Stapleton's lawyer filed a motion for a new trial in federal court this week. He says the judge shouldn't have kept a witness off the stand. That witness is Kenneth Ray Bates, the man Stapleton says threatened her life so she would smuggle drugs into the prison.
Stapleton's attorney says Bates pleaded the fifth, but says it shouldn't have been allowed because all charges against him had been dismissed at the time.
The attorney says the judge will make a decision about the motion in about a week.