The lawyer of the Kentucky Zombie Kid, William Poole, is trying to get the charges dismissed…
Brian Barker, a public defender from Richmond, alleges that a grand jury indictment charging Poole with criminal attempt to commit terroristic threatening fails to state a criminal offense. Poole initially was charged by police with second-degree terroristic threatening after he allegedly plotted to recruit a gang to take over an unnamed high school.
Barker argues that an overt act must occur in order to be charged with criminal attempt. “Some sort of act or conduct is required to prove that a defendant is serious about carrying out his intentions,” Barker states in his motion. Barker claims that Poole was not indicted on any act or conduct, rather for an alleged statement he made.
“Apart from the legal arguments, the notion of an ‘attempt to threaten’ is an absurdity,” Barker writes. “As a practical matter, how does a person attempt to make a threat? The mere concept is nonsense.”
Barker, in a separate motion, asks District Court Judge Brandy O. Brown to dismiss the indictment due to the statute being unconstitutionally vague. Borrowing from pop culture, Barker quotes an excerpt from a Harry Potter book, suggesting that author J.K. Rowling could be charged with the same terroristic threatening count that Poole faces.
“Just because she is a world-renowned writer does not dictate that she has greater creative liberties than a high school student who is writing fiction for enjoyment,” Barker writes in his motion.
I’m not a lawyer but doesn’t the fact that Poole tried to recruit people constitute an overt act?