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Sentencing was rescheduled once again for former Washington County deputies Norris Wayne Bartley and Billy Joe Mattingly.
The hearing began, but a motion for downward departure (a motion to defer from the sentencing guideline range for a statutory minimum sentence) resulted in a nearly 15-minute off-the-record conversation between the judge and attorneys for each side.
Prosecuting attorney Larry Fentress offered to explain the details of the motion to the judge off-the-record.
Judge John G. Heyburn II called both Fentress and defense attorney Elmer George to the bench for a nearly 15-minute conversation.
Heyburn rescheduled the sentencing for 12:30 p.m. on Feb. 9, 2012 at the Gene Snyder United States Courthouse in Louisville.
The judge didn’t give a reason for continuing and court documents were not available by press deadline.
A message left for Heyburn on Friday afternoon was not returned by press deadline.
After the hearing was dismissed, George said the judge rescheduled because ‘some things came up.’
A transcript of the sentencing has been ordered through the United States District Court Western District of Kentucky, but was not available at press time.
The segment of the conversation that occurred off-the-record is sealed.