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Forensic Friday
Every other Friday 9 am
WVLK 590 AM |
| Officer Don's Crime Prevention Tip |
AUTO THEFT
A car is stolen in the U.S. every 23 seconds. By the time you read this, 6 to 10 cars will have been stolen somewhere in America.
Auto theft is a big business. An estimated $7.5 billion
is lost each year due to these thefts.
Auto Theft Facts:
January and July seem to have higher theft rates;
Auto theft is mostly a big-city crime;
Top auto theft cities:
Miami, Florida,
Jersey City, New Jersey,
Fresno, California,
Memphis, Tennessee,
New York, New York;
20 of the top 25 stolen autos are Japanese cars:
1989 Toyota Camry,
1990 Toyota Camry,
1991 Toyota Camry,
1988 Toyota Camry,
1997 Ford F-150 (4x2) Pick Up;
Most cars are stolen for parts;
Hot auto theft locations:
Shopping malls,
On the street,
Parking lots,
Car dealerships;
Her are some common sense steps to reduce the chance that you will be a victim of auto theft:
Never leave your car running and unattended, even to dash into a business;
Never leave your keys in the ignition;
Always roll up your windows and lock your car;
Don't leave personal ID or credit cards in your car. |
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TOP STORIES
Ray the D.A.'s Random Thoughts on the Criminal Justice System
The CSI Effect is REAL! Television shows raise unrealistic expectations of jurors.
Crime Victims' Voice
Third Annual "Second-Class Citizen" Luncheon & Recognition Ceremony, April 10, 2008. Please join us for our luncheon. Check out some of last year's "Zeroes."
Meet Lexington's Felony Prosecutors
Cindy Rieker's expertise in drug and homocide cases is invaluable to our office.
Death Row Inmate of the Week
"Just call me Bob." Robert Foley murdered six people. Now he's on a website looking for love.
Recent Court Case
A bottle can be a dangerous instrument.
Next on American D.A. - LIVE
Cop killer Mumia Abu-Jamal - Murder case to be discussed.
Cops & Robbers News & Trends
Short takes on crime costs, DNA samples, and creative sentencing.
Guns, Gangs & Drugs Cease-Fire Project sends 49 police and prosecutors for intensive Street Gang training.
NEW! Grand Jury News
Want to know what cases were Indicted, Dismissed, or Transferred Back To District Court by the Grand Jury? Check it out here. Last Week's Circuit Court Sentencings
Who went to prison and who was probated. |
| Ray the D.A.'s Random Thoughts On The Criminal Justice System |
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The CSI Effect Is REAL!
Television shows raise unrealistic expectations of jurors.
 TV viewers seem to be fascinated by forensics. From blood spatters to bone fragments to ballistics, they are intrigued by the technology they see on the tube. So much so, when they become jurors they often find themselves disappointed with the real world of the courtroom.
Jurors increasingly expect forensic evidence in every case, and they expect it to be conclusive. After all, TV shows project the image that all cases are solved by highly technical science, and the forensic scientists are the investigators in every case. If less than that is produced at trial, it is often viewed by many jurors as "reasonable doubt." Unfortunately, the real world of crime investigation is not so much "hocus-pocus" as it is leg work and elbow grease by real detectives.
Nevertheless, police and prosecutors are having to address the heightened expectations of jurors. Now, the issue of the "CSI Effect" must be discussed during the jury selection process, and there is a new emphasis on why certain types of evidence have not been presented. We are now asking investigators to explain why, for instance, there were no fingerprints found. Otherwise, jurors may take their absence as cause for doubt. |
| Crime Victims' Voice |
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Fayette County Victims' Rights Week
Kick Off
Please join us for our Third Annual
"Second-Class Citizen"
Luncheon & Recognition Ceremony
Thursday, April 10, 2008
Justice for VICTIMS
Justice for ALL
Each year at our "Second-Class Citizen" Luncheon & Recognition Ceremony we recognize some of our "Heroes" and point out some of our "Zeroes."
Last year our "Zeroes" included the following:
Father of the Year:
 Richard Flack, father of one daughter, owes more than $50,00.00 in back child support. He absconded from probation supervision in 2005. We believe he is living somewhere on the West Coast.
Burglar of the Year:
 Ronald "Cameo" Clark was arrested by patrol officers who caught him dressed in a work uniform leaving a residence with stolen items. He has 11 prior convictions. He has pled guilty and must serve ten years in prison.
Paper Hanger of the Year:
 Candy Crouch, aka Candy Arnold, has more than three dozen convictions for bad checks. She has written hundreds of "cold" checks to area merchants. After serving various misdemeanor sentences, she was sent to prison, only to be released with a "Patton Pardon." She has never paid toward her restitution, which totals over $33,000.00.
This year at the luncheon we will announce our 2008 "Zeroes" as well as recognize some deserving "Heroes." |
| Meet Lexington's Felony Prosecutors |
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Cindy Rieker |
Cindy Rieker has been a prosecutor with the Office of the Fayette Commonwealth's Attorney for more than 10 years. Prior to her service with the Commonwealth Attorney's Office she was a prosecutor for 5 years with the Office of the Fayette County Attorney and a Judicial Law Clerk in the 25th Judicial Circuit. She completed her undergraduate work at Eastern Kentucky University and the University of Kentucky prior to receiving her Juris Doctor Degree from the University of Kentucky College of Law.
Cindy has successfully prosecuted all levels of crime and has tried a number of Capital Murder cases. Cindy serves as the advisor to the Homicide Unit of the Lexington Police Department during the call out and investigation of homicides. Additionally, her area of expertise and special interest are drug offenses. Cindy works very closely with the Lexington Police Department Narcotics Unit and the DEA. Cindy actively works with these units in an effort to better investigate and prosecute these cases, recognizing that a proactive approach to prosecuting drug offenses assists in the reduction of other crimes driven by the drug trade in our community. |
| Death Row Inmate Of The Week |
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What did this killer do to convince a jury to sentence him to death?
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Robert Foley
33 at the time
Male, White |
Robert Foley shot and killed brothers Rodney and Lynn Vaughn in his home in Laurel County, Kentucky in 1991. Several adults and at least six children were present when Foley returned home from a car auction. The group sat at the kitchen table drinking beer when tempers flared. Rodney pointed at Foley and said not to sucker punch him again. Foley knocked Rodney to the floor, pulled his gun and shot him six times. Everyone left but Rodney's brother, Lynn. Foley then shot Lynn in the back of the head and later dumped the bodies in a nearby creek. The bodies were discovered two days later. Foley was charged with Capital Murder, tried by a jury and sentenced to Death.
In 1994, the same Robert Foley was convicted and sentenced to Death for the murder of four people. Their names were Kim Bowerstock, Calvin Reynolds, Lillian Contino and Jerry McMillan. The bodies of these four were found in a septic tank in Laurel County. All four drove from Ohio to Laurel County. Foley became aware that Bowerstock was in the area. He was angry because he believed that Bowerstock had informed his parole officer that Foley was selling drugs. Foley found Bowerstock and immediately grabbed her by the hair. Reynolds came to her assistance. Foley pulled his pistol and shot Reynolds, then Bowerstock, then Contino, then McMillan. He then returned to Bowerstock and shot her again in the back of the head. He took their valuables, placed them in a septic tank, and covered them with lime and cement.
That's what he did. He sentenced himself to death.
From 'ALIVE - Voices From Inside' website: "Call me Bob. . . I'm basically a good person. . .I'm looking for friendship and possible romance"
 Hello. My name is Robert Foley, most of my family and friends call me Bob.
I've been locked up since August of 1991 and I'm currently on death row. I think I'm basically a good person although I am somewhat protective of family and friends. I have always enjoyed the outdoors. I enjoy friends, good conversations, movies and good books. I was an over the road truck driver for several years and traveling seems to be in my blood. I'm divorced and have 4 children.
I'm looking for friendship and possible romance with a good hearted, special lady. I would also enjoy correspondence from anyone wishing to write and would welcome any help from anyone wishing to assist in my death penalty appeals. I will reply to all letters and please feel free to ask any questions. |
| Recent Court Case |
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A Bottle Can Be A Dangerous Instrument
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Wanda Clark |
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Broken bottle used by Clark on victim | On October 12, 2007, at about 3:30 in the morning, Lexington police officers responded to a disorder near the downtown area and found a woman who was bleeding from a head injury. The victim identified her assailant as Wanda Clark, 44. The officers, who were familiar with the suspect, located her at her residence nearby. Clark first told them that she had no idea what had happened. When asked about the blood observed on the floor, she admitted to hitting the victim with a bottle in a fight over $5.00. It became apparent that the money was to be used to purchase crack cocaine. Clark was arrested and officers booked the bottle into evidence.
Criminal records show that Clark has 13 prior misdemeanor convictions for offenses including Public Intoxication, Theft, Receiving Stolen Property, and Possession of Drug Paraphernalia, in addition to one prior Probation Violation charge. She pled guilty to one count of felony Assault and was sentenced to one year, which was probated for three years.
Article by Intern Kelly Tate
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| Next On American D.A. - LIVE |
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| Mumia Abu-Jabal - Murder of Officer Daniel Faulkner
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Defendant Mumia Abu-Jabal |
Officer Daniel Faulkner |
Prosecutor Hugh J. Burns, Jr. |
Hugh J. Burns, Jr. is a native of Philadelphia, Pennsylvania and has been an Assistant District Attorney in the Philadelphia D.A.'s Office since 1986. He has been the primary prosecutor assigned to the Death Penalty Appeal of Mumia Abu-Jabal.
Listen to American D.A. - LIVE on WVLK 590 AM at 9:00 a.m. on Friday, April 4, 2008, as Hugh Burns describes the murder of police officer Daniel Faulkner, for which Abu-Jabal was tried and ultimately sentenced to death. |
| Cops & Robbers News & Trends |
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Study Says Crime Costs The U.S. $2 Trillion A Year
 With violent crime down in the U.S., crime is not on the top of people's agenda, but that may change soon.
The media and many politicians are now focused on the number of convicted criminals in our nation's jails and prisons and are calling for a significant reduction in that number.
However, it will be difficult to sell sentencing "reforms", unless the decision-makers can assure the public that their "reforms" will keep crime down and our citizens safe.
According to the University of Chicago's Jen Ludwig, crime already costs the U.S. around $2 trillion.
Editor's Comment: With more criminals left on our streets under proposed "reforms", we can only expect the cost of crime to rise.
Many States Take DNA Samples From Arrestees
 Congress and 12 states have authorized police to take DNA samples from arrestees, not just prior convicted felons.
Alaska, Arizona, California, Kansas, Louisiana, Minnesota, New Mexico, North Dakota, Tennessee, South Dakota, Texas and Virginia require collection of DNA samples from arrestees.
Editor's Comment: Because so many crimes are committed by repeat offenders, DNA databases have been a great assistance to law enforcement in solving crimes.
PA Judge To Robbers: "Learn English Or Go To Prison"
 A judge known for creative sentencing ordered three Spanish-speaking defendants, facing prison terms for Conspiracy to Commit Robbery, to "learn English or go to prison."
All three, between 17 and 22 years old, needed translators when they were sentenced. "Do you think we are going to provide you with a translator all of your life?" asked the judge.
Editor's Comment: This judge also required these defendants to get a GED and a job, all of which sounds like pretty good advice to me. |
| Guns, Gangs & Drugs |
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Cease-Fire Project Sends 49 Police & Prosecutors For Intensive Street Gang Training
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Kentucky's representatives at the Street Gangs Identification and Investigation training | During the week of March 17 through 21, 2008, 49 police and prosecutors from Lexington and adjacent jurisdictions traveled to Jacksonville, Florida to attend the Street Gangs Identification and Investigation course at the Institute of Police Technology and Management (IPTM). At the request of the Commonwealth's Attorney's Office and the Lexington Police Department, IPTM arranged for this special class solely for this group. The group represented 15 agencies from central Kentucky.
The course concentrated on how to identify gangs and investigate gang members. In order to make such identifications, the group learned that details which may appear meaningless to most observers have powerful meanings to gang members. The class members learned how to decode and decipher everything from gang alphabet found in letters and graffiti on walls to clothing and tattoos worn by gang members. None of us will look at spray paint on a wall or a simple tattoo the same way. We now know the most inconspicuous marking could be an order to kill, a threat to do harm, or a warning of what's to come.
Our instructor walked us through the history of how gangs started, who started them, how they have evolved, and what gangs are today. That history gave us an understanding of gangs in Kentucky and the country. We now have a better understanding of how to identify and investigate gangs in and around our cities.
Editor's Comment: The next step for our group will be to continue to meet together to share intelligence and develop strategies to deal with the issues caused by gangs in our communities in central Kentucky. |
| NEW! Grand Jury News |
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In order to provide current information about Fayette Circuit Court matters, we are beginning a new feature. Starting this week, we will list action by the Fayette County Grand Jury which includes Indictments, Dismissals, and cases Returned to District Court.
To see the latest Grand Jury returns, click on the dates below:
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| Fayette Circuit Court Sentencings
Friday, March 28, 2008 |
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| 3rd Division - Judge James D. Ishmael, Jr. | |
| BYRD, Betty Ann
Age: 34 |
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| Sentenced to 1 year in prison for Theft By Unlawful Taking > $300. Sent to prison. | |
| CRAYCRAFT, Charles Elbert II
Age: 32 |
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| Sentenced to 2 years in prison for Flagrant Non-Support, probated 5 years. Required to pay $17,150.98. | |
| MADISON, Clyde Franklin Jr.
Age: 56 |
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| Sentenced to 5 years in prison for 1st Degree Trafficking in a Controlled Substance. Sent to prison. | |
| ROSSMAN, Paul Kenneth
Age: 32 |
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| Sentenced to 2 years in prison for 2nd Degree Trafficking in a Controlled Substance, probated 5 years. | |
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| 4th Division - Judge Pamela Goodwine | |
| BARBOUR, Ron-Anthony Eugene Age: 22 |
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| Sentenced to 1 year in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance, probated 3 years. | |
| BREWER, Noel Howard
Age: 44 |
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| Sentenced to 5 years in prison for each of 4 counts of Possession of Matter Portraying a Sex Performance by a Minor, probated 5 years. Required to register as a sex offender for life. | |
| COLLINS, Priscilla A.
Age: 34 |
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| Sentenced to 1 year in prison for Trafficking in a Controlled Substance within 1,000 yards of a school and 1 year in prison for 1st Degree Bail Jumping. Sentences are to run consecutive for a total of 2 years in prison, probated 4 years | |
| HORN, Larry Bradley
Age: 22 |
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| Sentenced to 3 years in prison for 4th Degree Assault, Domestic Violence 3rd Offense. Sent to prison. | |
| THOMAS, Oliver Wendell
Age: 39 |
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| Sentenced to 1 year in prison for Flagrant Non-Support, probated 3 years. Required to pay arrearage of $21,381.37. | |
| WOMBLES, Bradley Earl
Age: 25 |
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| Sentenced to 1 year in prison for 1st Degree Possession of Controlled Substance. Sent to prison. | |
| 7th Division - Judge Sheila R. Isaac | |
| DAVIS, Mark Wayne
Age: 38 |
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| Sentenced to 3 years in prison for Custodial Interference, 1 year in prison for 3rd Degree Rape, and 3 years in prison for 1st Degree Fleeing or Evading the Police. First two counts are to run consecutive for a total of 4 years in prison, subject to conditional discharge after service of sentence for 5 years. Required to register as a sex offender for 20 years. Sent to prison. | |
| EDWARDS, King R.
Age: 37 |
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| Sentenced to 4 years in prison for Flagrant Non-Support, probated 5 years. Required to pay arrearage of $19,000. | |
| GENTRY, Ronald Lee
Age: 25 |
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| Sentenced to 5 years in prison for 1st Degree Trafficking in a Controlled Substance, 12 months in jail for the prosecution's amended charge of 2nd Degree Fleeing or Evading the Police and 12 months in jail for each of 2 counts of Possession of Marijuana. Sentences are to run concurrent for a total of 5 years in prison. Sent to prison. | |
| HOWELL, Spencer Jarrod
Age: 20 |
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| Sentenced to 4 years in prison for the prosecution's amended charge of Complicity to Commit Burglary 3rd Degree and 1 year in prison for Receiving Stolen Property > $300. Sentences are to run concurrent for a total of 4 years in prison, probated 2 years. Required to pay restitution of $550. | |
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| 8th Division - Judge Thomas L. Clark | |
| BURNETT, Demetre Montez
Age: 23 |
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| Sentenced to 2 years in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance and 12 months in jail for the prosecution's amended charge of Possession of Marijuana, probated 4 years. | |
| CAISE, James Allen Jr.
Age: 41 |
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| Sentenced to 1 year in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance and 1 year in prison for Conviction of a Felon in Possession of a Firearm. Sentences are to run consecutive for a total of 2 years in prison, probated 3 years. | |
| CARPENTER, Ricky Lin
Age: 42 |
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| Sentenced to 1 year in prison for the prosecution's amended charge of Failure to Comply with the Sex Offender Registry, probated 5 years. | |
| DELANEY, Richard A.
Age: 27 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Theft By Unlawful Taking < $300, 1 year in prison for Receiving Stolen Property > $300 and 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia. Sentences are to run concurrent for a total of 1 year in prison, probated 3 years. Required to complete Drug Court. | |
| FUGATE, Tina Renae
Age: 41 |
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| Sentenced to 1 year in prison for Theft of Identity of Another without Consent. Sent to prison. | |
| HENRY, Johnathan Wayne
Age: 23 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of 4th Degree Assault, probated 2 years. | |
| PRICE, Jeffrey
Age: 29 |
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| REPEAT OFFENDER. Sentenced to 5 years in prison enhanced to 10 years for the prosecution's amended charge of 2nd Degree Unlawful Transaction with a Minor and status as a Persistent Felony Offender, 12 months in jail for the prosecution's amended charge of Criminal Attempt Criminal Possession of a Forged Instrument. Sent to Prison. | |
| ROTHWELL, Howard Gene
Age: 54 |
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| Sentenced to 1 year in prison for 2nd Degree Trafficking in a Controlled Substance, probated 3 years. | |
| TOWLER, Nichole Lee
Age: 22 |
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| Sentenced to 1 year in prison for the prosecution's amended charge of Theft By Unlawful Taking > $300, probated 3 years. Required to pay restitution of $824.35. | |
| 9th Division - Judge Kimberly Bunnell | |
| BAYNHAM, Lauren Hope
Age: 19 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Attempted Forgery 2nd, 12 months in jail for each of 2 counts of the prosecution's amended charge of Fraudulent Use of Credit Cards < $100 within a 6-month period, 1 year in prison for Theft By Deception > $300, 12 months in jail for each of 7 counts of the prosecution's amended charge of charge of Theft By Deception < $300. Sentences are to run concurrent for a total of 1 year in prison, probated 5 years. In a separate case, sentenced to 1 year in prison for Driving a Motor Vehicle while License is Suspended for DUI 3rd or > Offense, probated 5 years. Both cases are to run consecutive for a total of 2 years in prison, probated 5 years. | |
| ENGLISH, Jesse
Age: 46 |
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| Sentenced to 1 year in prison for Flagrant Non-Support. Sent to prison. | |
| HALL, James K.
Age: 46 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Non-Support, probated 2 years. Required to pay restitution of $24,374.28. | |
| LAWTON, Jeremy D.
Age: 23 |
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| REPEAT OFFENDER. Sentenced to 3 years in prison enhanced to 6 years for 2nd Degree Escape and status as a Persistent Felony Offender. Sent to prison. | |
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Fayette Commonwealth's Attorney
