Pubdate: Thu, 18 Jan 2001 Source: Kentucky Post (KY) Copyright: 2001 Kentucky Post Contact: 421 Madison Ave., Covington, KY 41011 Website: http://www.kypost.com/ Author: Paul A. Long ATTORNEY: FBI AGENTS TRYING TO SET ME UP A Northern Kentucky defense attorney charged in federal court today that FBI agents are trying to frame him on charges of intimidating a witness. Marcus Carey - who represents a member of a prominent Gallatin County family on federal drug trafficking charges - said he learned about the threat Wednesday afternoon from a potential witness in the case. Carey said the witness broke down crying as he told a story of the FBI asking him to wear a wire while a representative of Carey's talked to him. The FBI told to the witness ''to pick a fight'' with Carey's representative, Carey told U.S. District Judge Jennifer Coffman. The FBI then planned to charge his representative with intimidating a witness, Carey said. Because he sent the person to speak to the witness, the FBI also would charge him, Carey said. Judge Coffman stopped Carey short during the hearing at the Federal Courthouse in Covington, telling him she's not the proper person to hear the allegation. Carey said he will call the U.S. Department of Justice to report what he was told. ''Who do you you report the cops to, when it's the cops who are breaking the law?'' Carey asked. Carey represents 65-year-old Aundis Davis of Glencoe, who is scheduled to stand trial next week on charges of distributing marijuana and methamphetamines. Davis, whose brother is former Gallatin County Judge-Executive Clarence Davis, was indicted by a federal grand jury in November on two counts of marijuana distribution, two counts of methamphetamine distribution, and one count of intimidation of a witness. Davis was arrested Oct. 12, a day after the FBI and state police said a witness - who used money with serial numbers recorded by police - bought $2,200 worth of methamphetamines from Davis. Carey said Davis is innocent. He said he learned about the new witness just a few days ago and began asking how he could find him to interview him. Eventually, another man said he knew the witness, and Carey asked him to contact the witness about talking to Carey. After that contact, the witness asked the FBI what he should do, Carey said. It was then that an agent told him they wanted to set up the sting, Carey said. - --- MAP posted-by: Larry Stevens