Harlan County Circuit Court Judge Kent Hendrickson issued an order of dismissal of pending litigation for further grand jury review of an indictment against Anthony Nolan on Thursday. Nolan was indicted on Oct. 28 on two counts of attempting to promote a sexual performance by a minor under the age of 16 and two counts of attempting to promote a sexual performance by a minor under the age of 18.
According to the order of dismissal, allegations were initially reported to and investigated by the former Harlan County Sheriff’s Office. The order states an investigation was conducted which included the questioning of all pertinent witnesses, school personnel, Nolan, and alleged victims. Nolan’s personal and work computers were included in the investigation. His phone was seized and sent to the Kentucky State Crime Lab for intense investigation.
The order states it was first concluded there was no probable cause to support any criminal charges or further prosecution of the defendant, and a letter stating that was sent to Harlan County Board of Education Superintendent Michael Howard on July 23, 2014.
“Testimony regarding the positioning of the phone, and the area of the room it could have potentially recorded was false and misleading” reads Hendrickson’s order.
Hendrickson ordered the indictment dismissed, and that the matter be referred back to the Harlan County Grand Jury for the taking of additional evidence, as necessary.
A county schools spokesperson said Howard could not comment because it is a personnel matter.
Attempts to reach Nolan before press time were unsuccessful.
Reach Joe P. Asher at 606-909-4132 or on Twitter @joe_hde