Dr. Matthew Constant pleaded not guilty to tampering with physical evidence during his arraignment in Circuit Court on Thursday. His bond conditions remain unchanged and his next court date will be in January.
Constant appeared before Circuit Judge Jay Wethington. Stipulations of Constant’s release include remaining at a designated residence except for a medical emergency or court orders; no contact with minors; and no use of any electronics, including a computer or a cell phone.
Constant’s next court appearance was set for 8:30 a.m. on January 29, 2024.
Constant was indicted by a Daviess County Grand Jury on one count of the Class D felony of tampering earlier this month. Court records show that the grand jury did not take action at that time on one count the Commonwealth is pursuing against Constant related to the Class D felony of procuring or promoting the use of a minor (though no action does not mean the charge is dismissed).
A grand jury indictment only means the jurors found sufficient evidence to bring formal criminal charges against the person accused of the crime. It does not determine whether or not the person is guilty or determine a punishment.
Due to state law, an open investigation, and the nature of closed grand jury proceedings, Commonwealth’s Attorney Bruce Kuegel previously said he could not comment on the indictment or on any aspect of the case beyond the facts about charges and court proceedings.
Constant, 51, was arrested on July 27 by Kentucky State Police and charged with two Class D felonies: procuring or promoting the use of a minor (12 years old or older), and tampering with physical evidence. A previous release from KSP said the investigation has spanned into other states and that additional charges are likely.
Constant, former Owensboro Public Schools Superintendent, was arraigned in District Court on August 2. The initial bond for Constant was set at $35,000 full cash, and Daniel Boling — who is the Hancock County District Court Judge — was assigned as a Special Judge to the case. On August 9, Boling reduced the bond to a partially secured $35,000 bond, meaning Constant only had to pay $3,500 to be released from jail.
Constant posted bond on August 9, but was not released until August 16 due to issues with the ankle monitor company, officials previously said.
KSP Public Affairs Officer Corey King previously said they began an initial investigation into Constant in May based on an allegation by a third party. King said the complainant alleged that Constant was involved in a relationship with an underage minor.
Speaking on July 28, King said the other party involved in the alleged relationship had not been very cooperative so trying to establish that person’s age “has been somewhat difficult,” adding “it appears that the relationship was with an 18-year-old, but we have not established when the relationship began.” However, King said during the course of that investigation other things had “come to light.”
According to the citation made available July 28, Constant “admitted to tampering with physical evidence during an interview, and attempted to procure and solicit sexual acts from minors, having full knowledge he was speaking with juvenile children.” It said Constant “used multiple accounts from electronic devices to execute these acts.”
King previously said it appears Constant “had master cleared his mobile devices, essentially erasing everything. So we’re working to restore everything we can, which is time-consuming. Pair that with social media apps, the various platforms, to get records they have, it just takes time.”
He said that’s why it took two months before an arrest was made.
“But so far what detectives are saying is that it is evident that he was communicating with minors,” King said. He added at this point KSP hasn’t established an age for the victims, but it’s “somewhere around 12 to 16 or so.”
At the time, King said he didn’t know how many children were potentially involved, and that there were no additional suspects.
OPS Board of Education Chair Dr. Jeremy Luckett and Vice Chair Leigh Rhoads Doyal were made aware of some sort of KSP investigation into Constant on May 22 but they did not know many details, according to OPS Public Information Officer Jared Revlett.
On May 25, KSP informed the board the investigation had ramped up. The board suspended Constant with pay that day, though they still didn’t know the full nature of the investigation and whether they would ultimately be criminal charges.
On June 22, the OPS board voted unanimously to suspend Constant without pay and begin the proceedings to terminate his contract “for conduct unbecoming of a superintendent.” While criminal charges had still not been filed at that time, the board said they had been informed by police that Constant “did engage in a relationship with an adult-aged student enrolled in another school district.”
Revlett said the board later was made aware that KSP was pursuing criminal charges.
While the board began the termination process, Constant actually retired and terminated his employment a week later.
