What a Tangled Trial They Wove: Government Deception Exposed
The State's Credibility now in tatters: Government witnesses impeached in May trial.
In the wake of Jason May’s full acquittal yesterday on charges of filing false or forged documents, attention must now turn to a critical legal issue:
Assistant District Attorney Jacobi Whatley’s ongoing obligation to disclose impeachment material under the Giglio doctrine when relying on state witnesses with damaged credibility.
In closing statements to the jury in the May trial, the state’s attorney, Jacobi Whatley, boldly emphasized a reference to the old cliché:
“Oh what a tangled web we weave, when first we practice to deceive”
The irony comes on the heels of a trial where the only “practice” of deception took place within the very testimonies of witnesses whom Whatley endorsed. Government witnesses. Law Enforcement and Prosecutors.
The five-day trial, which concluded with a swift not-guilty verdict on May 3rd, exposed deep flaws in the prosecution’s case. Central to those revelations was testimony from former District 20 Attorney Craig Ladd—whose conduct and credibility was impeached during cross-examination.
Ladd, who initiated the allegations against May, admitted under oath to submitting altered documents to both a handwriting analyst and a multi-county grand jury in his effort to secure the indictment. He also acknowledged having filed false or forged documents with the Carter County Court Clerk, and instructing Eric Grisham to change a date on the traffic citation—though he insisted these were mere “mistakes” and not criminal acts.
Perhaps most damaging, Ladd gave false testimony at trial, initially denying knowledge of key evidence that pointed to May’s innocence. Only when confronted with signed documents by defense attorneys did Ladd concede that his earlier testimony was inaccurate.
In light of these developments, the trial judge issued jury instructions specifically advising jurors that Craig Ladd had made prior inconsistent statements—guidance that directly impugns his credibility and permitted jurors to weigh his testimony with skepticism.
Notably, the same jury instruction also highlighted credibility concerns regarding Appointed District 20 Attorney, Melissa Handke, and former Ardmore Police officer Eric Grisham, both of whom assisted Craig Ladd in his malicious prosecution scheme against May.
District Attorney Handke’s testimony and cross examination exposed that she had allowed knowingly false information to remain within an affidavit, filed with the court, related to the forfeiture at issue in this case.
Handke testified that she relied upon an affidavit, sworn to by Phil Sheppard, that the money seized in 2019 was near forfeitable substances. Other evidence in trial determined there was no ‘forfeitable substances’ involved in the stop, much less anywhere near the more that $300,000 law enforcement wanted to seize.
When defense questioned Handke if the affidavit statement was false she answered “correct”. When asked why she allowed Sheppard to leave the false statement in the affidavit, she insisted it was a oversight, or mistake.
The Giglio Obligation: A Continuing Duty to Disclose
For Assistant District Attorney Whatley, this means that any future case relying on Ladd, Handke, Grisham, and Sheppard as witnesses now requires full disclosure of their credibility issues to the defense. Ladd’s admitted submission of altered documents, his filing of false records, and his false testimony under oath are textbook examples of Giglio material.
Likewise, any credibility concerns formally recognized by a court, such as the jury instruction indicating inconsistencies for Ladd, Handke, and Grisham, fall squarely within Giglio’s scope. Failure to disclose such material can have severe consequences.
Convictions may be overturned if a court finds that impeachment material was improperly withheld.
Prosecutors can face professional discipline or ethical sanctions for noncompliance.
Evidence of impeachment for these witnesses is now publicly preserved for disclosure within the potential impeachment evidentiary platform known as the Brady List. These records are now available nationwide.
Stephen Craig Ladd: Citizen Report No. 1746307525 - 1956468875
Melissa Handke: Citizen Report No. 1746307751 - 935447691
Eric Grisham: Citizen Report No. 1746308026 - 808916351
Phil Sheppard: Citizen Report No. 1746308259 - 454333507
The implications for the Carter County District Attorney’s office are significant.
District Attorneys in both District 20 and District 21 are now on notice that continued use of these witnesses requires strict adherence to disclosure requirements.
Moreover, defense attorneys in pending and future cases may well move to challenge the admissibility or reliability of any testimony from these individuals, citing their compromised credibility.
A Broader Lesson
Jason May’s swift acquittal—reached in less than an hour by the jury—underscores the pivotal role that witness credibility plays in the justice system.
As May expressed gratitude for the community’s support, his defense team reaffirmed its commitment to protecting the rights of the accused, even in the face of malicious persecution and government overreach.
Moving forward, the communities affected should take careful stock of the trial’s fallout. Vigilance in Giglio compliance is not only a constitutionally protected legal requirement, but a safeguard of public trust in the integrity of the criminal justice system.
Only time will tell if and when the District Attorneys will begin to take their ethical obligations serious, and file Giglio notices in appropriate case files.