Ray Larson, Commonwealth's Attorney

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Ray Larson    Fayette Commonwealth's Attorney

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Online Social Networking Sites
 

In recent years, free online social networking sites have become increasingly popular, especially with teenagers.  These sights allow individuals to communicate with each other and to form networks.  Unfortunately, sex offenders are using these sites to locate and communicate with potential victims.

 
It has been reported that over 40,000 sex offenders have been identified as having their own sites for those purposes.
 
Some tips for parents:
 
Monitor your child's use of the internet at all times;
 
Place your child's computer in the family room or in an open area;
 
Ensure that your child is not misrepresenting his or her age;
 
Children should not post personal information or photographs;
 
Report inappropriate use to the website and local authorities.
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Issue: #13 April/2008
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TOP STORIES
Criminal Justice News & Views
"My Turn:  I am not the enemy", by Felicia J. Nu'Man, a black prosecutor in Louisville, Kentucky.
Cops & Robbers News
Regional gang intelligence network debriefing.
Victim's Voice
The third annual Second-Class Citizen Luncheon a rousing success.  A great way to kick off Victims' Rights Week.
Meet Lexington's Felony Prosecutors
Lori Boling's focus is on the investigation and prosecution of repeat offenders and juveniles whose crimes qualify them to be treated as adults.
Death Row Inmate of the Week
This killer shot to death his former girlfriend and two of her friends.
Cops & Robbers News & Trends
Short takes on executions, gang members, DUI locks, the next marijuana, child rape, gang paraphernalia and sexual predators.
Recent Court Case
Domestic violence repeat offender sent to prison.
CRIME ANALYSIS:  Statistics Tell A Story
Restitution to the crime victim is usually ordered by the Judge as a condition of probation.  Are the defendants paying as they have been ordered to do?
Grand Jury News & Trial Schedule
Want to know what cases were Indicted, Dismissed, or Transferred Back To District Court by the Grand Jury and what cases are set for trial?  Check it out here.
Last Week's Circuit Court Sentencings
Who went to prison and who was probated.
Criminal Justice News & Views
NewsweekMY TURN
I Am Not the Enemy
 
By Felicia J. Nu'Man ׀ NEWSWEEK
April 14, 2008 Issue
Felicia Nu'ManFelicia J. Nu'Man, a black prosecutor in Louisville, says this about herself and her job, "I battle crime every day, and I defend myself every day, too."
 
She has been called a "race-traitor" and a puppet of a "racist criminal justice system" for "putting our black men in jail."
 
"In my county, two-thirds of all the criminal defendants are black, which means that roughly two-thirds of all victims are black.  Should law enforcement not prosecute black criminals and doom all black victims to the absence of justice?  Why aren't the police and prosecutors seen as the champion of the black victim?  There is a disconnect in the mind of many black people."
 
 
Kimberly Baird Kimberly Baird, Assistant Fayette Commonwealth's Attorney:

I'll bet that every black prosecutor in America has faced the same questions.  I have had to defend myself and my job many times.  Something does need to be done about drugs and all of the lives they destroy.  I am proud that Ms. Nu'Man raised these issues on a national level.  Hopefully, some will read and learn.

Brad Bryant Brad Bryant, Assistant Fayette Commonwealth's Attorney:

She said what most black prosecutors feel.  I'm happy it was published in a forum where many will have the opportunity to see and read.  It's one thing to say it amongst friends, it's another thing to speak out and open one's self to criticism.  I applaud her decision and stand behind her whole-heartedly.

Cops & Robbers News
Regional Gang Intelligence Network Debriefing
 
Gang Training
 
It was standing-room only for law enforcement officers, supervisors and prosecutors in the meeting room of Commerce Lexington.  All had assembled to discuss the recent week-long Street Gang Identification and Investigation training in Jacksonville, Florida.  The goal was to plan for future cooperation of all to address street gangs and the problems they create in our communities. 

 

49 police and prosecutors from Central Kentucky attended the training. After the group was welcomed by Commonwealth's Attorney Ray Larson, Interim U.S. Attorney Jim Zerhusen and Lexington Police Chief Ronnie Bastin, the discussion turned to what was learned at the training and how could we work together to share gang intelligence and develop action plans for aggressively dealing with gangs.

 

21 federal, state and local agencies from eight counties attended and suggested ideas.  It was decided by the entire group that investigators should meet monthly at different locations to share intelligence, information and successful initiatives to combat the criminal activities of gangs.

Victim's Voice
The Third Annual Second-Class Citizen Luncheon A Rousing Success
A great way to kick off Victims' Rights Week
 
An overflow crowd gathered at the Fayette County Extension Office to kick off Victims Rights Week - 2008.  The event was named "Second-Class Citizen" Recognition Luncheon not because we think crime victims are second-class citizens, but because that seems to be the perception the criminal justice system has of victims.  At least that is the way they are treated.  Our menu, in keeping with our theme, included a hot dog, some chips, a cookie and a Sam's Club soft drink.
 
Commonwealth's Attorney Ray Larson welcomed everyone and then introduced Kentucky Attorney General Jack Conway, who spoke to the crowd.  Dr. Regina Hatfield was then introduced as this year's "Keynote Speaker.
 
As always, a good time was had by all as we saw old friends.
 
Jack Conway Attorney General Jack Conway:  He described the pending cyber-crime legislation which makes illegal use of the internet to commit many crimes, including pedophiles who use the internet to lure young victims.  For example, he said over 40,000 convicted sex offenders were using MySpace accounts, and have been removed.
Dr. Regina Hatfield Dr. Regina Hatfield:  The victim of Financial and Identity Theft, Dr. Hatfield described the horror of trying to dig out of the financial and personal hell which confronted her after discovering that her employee had stolen from her as well as obtained credit cards using her information.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2008 "Heroes" were recognized:
Teri FaragherTeri Faragher:  For 25 years, she has been a leader in trying to prevent domestic violence.
Det. Kevin DuaneDet. Kevin Duane:  An aggressive Financial Crimes Detective who always works closely with the victims.
Cold Case Task ForceCold Case Task Force -- Det. Chris Schoonover, Prosecutor Brad Hawkins, Forensic Scientist Lynne Gates, Barbara Wheeler, Pat Hankla, Victims' Advocate Gail Whitt, Forensic Pathologist Greg Davis, MD:  This group has had remarkable success in solving old rape and homicide cases in Fayette County.
2008 "Zeroes" were announced:
Kevin Brown"Father of the Year Award," Kevin Brown:  Convicted of Flagrant Non-Support in 2007.  At the time of sentencing, he owed almost $60,000 in back child support for his three children.
Shirley Bachelor"Employee of the Year Award," Shirley Bachelor:  Stole over $1 million dollars from her employer, a local car dealership.
Virginia Caudill & Jonathan Goforth"Death Row Inmates of the Year Award," Virginia Caudill and Jonathan Wayne Goforth:  On 3/15/98, the female victim opened her door to Caudill, a friend of her son.  After Caudill and her friend Goforth got in the house, they robbed and beat her to death.  After ransacking her home, they took her and her car to rural Fayette County where they burned both.
Donna Bullock"Robin Hood Award," Donna BullockBurglarized homes of at least five college students, taking personal items such as laptops and digital cameras. She shared the proceeds with four friends who used the victims' checks and credit cards at various merchants.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Meet Lexington's Felony Prosecutors
 
Lori Boling

Lori Boling

Lori Boling is from Hancock County, Kentucky.  She graduated from Eastern Kentucky University and the University of Kentucky College of Law.  While a law student, she served as a Court Designated Worker for the Administrative Office of the Courts and dealt with juveniles charged with serious offenses. 

 
Lori joined the staff of the Office of the Commonwealth's Attorney in 2003.  Her area of responsibility is the investigation and prosecution of repeat offenders and juveniles whose crimes qualify them to be treated as adults.
Death Row Inmate Of The Week

What did this killer do to convince a jury to sentence him to death?

John Garland

John Garland
54 at the time
Male, White

John Garland murdered three people in McCreary County in 1997.  Garland, 54 at the time, had been in a relationship with a 26-year-old woman.  He suspected she was pregnant by another man.  Garland, along with his son Roscoe, went to the mobile home where his former girlfriend was with two friends, a man and a woman, and shot all three to death.  Garland's son was the key witness at the trial, but Garland claimed his son was lying and that the murder weapon belonged to his son.
 
Garland was sentenced to Death on February 15, 1999.
 
That's what he did.  He sentenced himself to death.
Cops & Robbers News & Trends

California Crime Victims Are Pushing To Speed Up Executions

 

Crime victims in California are frustrated with the 17 to 24-year appeal process.  They recently proposed legislation which could cut that process in half.  If they are not successful with the California Legislature, they are prepared to take their proposal to the voter through the ballot initiative process.

 

Editor's comment:  One of the most commonly heard complaints about the criminal justice system is that it takes so long for death penalty appeals to be completed.  I suspect that the most common cause of death for death row inmates is old age.

 

New Hampshire Lawmakers Target Top Gang Members

 

Leaders of gangs would face longer sentences for their crimes under a proposed law.  "Leaders, organizers and supervisors" of a group of three or more whose primary purpose is to engage in criminal conduct will be targeted for longer sentences.

 

Editor's comment:  Kentucky needs a more comprehensive law prohibiting gangs and their gang-related crimes.  Gang violence is a huge concern and will only get worse unless we address it in a strong way.

 

Washington State Law Which Requires Landlords To Tell Tenants When They Rent To People With Criminal Histories Runs Into Roadblock

 

Lawmakers in Washington State were trying to make it easier for released offenders to find places to live.  It didn't work.  Advocates for crime victims demanded more notification to neighbors of offenders.  It didn't work.  Now the supporters of ways to assist released offenders in finding places to live will have to look elsewhere for ideas. 

 

Editor's comment:  Unsuspecting citizens should not be placed in harm's way by people who have knowledge.

 

Nebraska Lawmakers Approve Requirement For Ignition Locks For First Time DUI

 

People in Nebraska convicted of drunk driving for the first time might have to pass a breath test just to turn on their cars.  Drivers will have to blow into the ignition interlocks, and if they have been drinking alcohol, their cars won't start. Supporters of the new law say that the devices will thwart drunken drivers who try to drive even when their licenses have been revoked.

 

Editor's Comment:  If these devices save one person, including the driver, it's a good idea.

 

States Fear Plant (Salvia Divinorum) Could Become Next Marijuana

 

This species of Salvia is being targeted by lawmakers in several states.  They are concerned that the inexpensive, easy to obtain plant could become the next marijuana.  Some states are introducing legislation to make possession of Salvia Divinorum a felony.

 

Editor's Comment:  Here we go again. I hope we can cause people to avoid being in an altered state of mind. That's when bad and stupid things happen.

 

Supreme Court To Consider Death Penalty For Child Rape

 

A Louisiana man raped his 8-year-old stepdaughter.  He was sentenced to death.  The U.S. Supreme Court will weigh the constitutionality of the death penalty for the rape of a child.  Several states have indicated that if the high court permits the death penalty, they may try to enact such a law.

 

Editor's comment:  What a vile and violent crime.

 

Brooklyn Mothers Go After Gang Paraphernalia

 

Brooklyn mothers are taking a stand against gangs and stores that sell sports memorabilia in gang colors and styles.  One mother said, "Our communities are severely plagued by gang activity and violence."  One of the group's goals is to stand up to sports stores that peddle gang regalia to gang members and unsuspecting youth.

 

"It's not against the law to sell this stuff," said Brooklyn D.A. Joe Hynes. It's the kid who buys one of these gang-related hats and goes out and gets beat up, or worse, that concerns Hynes.

 

Editor's comment:  Again gang violence must be dealt with.  These mothers have obviously had it with these thugs and the stores that cater to them.

 

Who, If Anyone, Is Responsible For Disclosing The Presence Of Sexual Predators In A Neighborhood To Potential Home Buyers?

 
A growing number of states are grappling with the question of just who is responsible for disclosing the presence of a sexual offender in a neighborhood to potential home buyers.  In most states, sellers and real estate agents are not required to disclose such information, and the National Association of Realtors has no policy either.  Some states have even gone so far as to pass laws freeing them of that responsibility.  Other states have passed laws requiring such disclosure.
 
Arizona:  Appears to have one of the toughest laws. It requires sellers and agents to disclose neighboring sex-offenders to potential buyers.

Mississippi:  Sellers must disclose the information, but only if the buyers ask.

California:  The law requires that all sales contracts include forms alerting buyers to the state sex-offender website.

 

Editor's Comment:  This entire issue points to the importance of the Sex-Offender Registries which are maintained in all states, and why they must be kept current.  Our office and Sheriff Kathy Witt work constantly to locate and prosecute sex-offenders who don't register when they move.

Recent Court Case
Domestic Violence Repeat Offender Sent To Prison
 
Larry Horn

Larry Horn

On September 30, 2007, Lexington police responded to a domestic violence call on Alexandria Drive.  Upon their arrival, the residents of the apartment refused to open the door.  Eventually the police made entry and found Larry Horn, 22, inside the residence with his wife, who was visibly injured.  Horn was arrested and charged with Fourth Degree Assault (Domestic Violence).  He told the arresting officer that the charges "would never stick."

 

Records show that Horn has 28 prior misdemeanor convictions, including three for Domestic Violence Assault, one of which was against the same victim.  His charges were amended to the felony level and he was indicted by the Fayette County Grand Jury in November of 2007.  He was released on an unsecured bond in December but arrested approximately two weeks later and charged again with Domestic Violence Assault against his wife.

 

Horn was directed by the Court to have no contact with his wife pending the resolution of the charges; however, he was recorded over 15 times calling her from the detention center.  Ultimately Horn pled guilty to both Assault charges and was sentenced to serve 3 years in the penitentiary.

 
Article written by Intern Kelly Tate
Kelly Tate
CRIME ANALYSIS:  Statistics Tell a Story

Restitution To The Crime Victim Is Usually Ordered By The Judge As A Condition Of Probation

Are the defendants paying as they have been ordered to do?
by Maureen Ratliff
 
Maureen FarrellAs of January, 2008, 290 defendants in Fayette Circuit Court were ordered by the Judge to pay restitution to their victims for their losses because of the crime.

 

Only 145 (50%) are current in paying their court ordered restitution.

 

The remaining 145 are delinquent in paying restitution.  The delinquents can be divided into three distinct groups.

 
Total delinquent in restitution payments

 145

Chronically delinquent

96   (66%)

Arrest warrant issued for failure to pay

37   (26%)

Motion to revoke probation filed for failure to pay

12     (8%)

 
 
 
 
 

Editor's comment:  When a defendant is convicted of a crime and not sent to jail, but probated on the condition that he pay restitution to the victim for their loss, it seems that he has gotten a real break.  When the defendant doesn't pay the restitution and is still on the street -- victims can reach no other conclusion than CRIME PAYS!  Criminals shouldn't be able to have it both ways.

Grand Jury News & Trial Schedule
To see the latest Grand Jury returns, including IndictmentsDismissals, and cases Returned to District Court, click on the dates below:
 
 
Tuesday, April 15, 2008
 
Wednesday, April 16, 2008
 
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday.  To see our trial schedule:
 
Fayette Circuit Court Sentencings
Friday, April 11, 2008
 
4th Division - Judge Pamela Goodwine
BELL, Henry Burnette

Age:  49

Henry Bell

REPEAT OFFENDER.  Sentenced to 1 year in prison  enhanced to 5 years for 1st Degree Wanton Endangerment and status as a Persistent Felony Offender, and 12 months in jail for Theft by Unlawful Taking < $300.  Sent to prison.
FREEMAN, Jim
 
 
Age:  32

Jim Freeman

REPEAT OFFENDER.  Sentenced to 5 years in prison enhanced to 10 years for 1st Degree Trafficking in a Controlled Substance and status as a Persistent Felony Offender.  Sent to prison.
SHUCK, Thomas Edward

Age:  20

Thomas Shuck

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking < $300, probated for 2 years.
7th Division - Judge Sheila R. Isaac
CUTRIGHT, Raleigh Clay

Age:  30

Raleigh Cutright

Sentenced to 1 year in prison for 1st Degree Sexual Abuse and12 months in jail for the prosecution's amended charge of 1st Degree Criminal Attempt Sexual Abuse.  To serve 1 year in prison and then conditionally discharged for 5 years.  Sent to prison.
SMITH, Marvin Keith

Age:  26

Marvin Smith

Sentenced to 5 years in prison for the prosecution's amended charge of 2nd Degree Robbery, 12 months in jail for Criminal Attempt Tampering with Physical Evidence, and 12 months in jail for Unauthorized Use of a Motor VehicleSentences are to run concurrent for a total of 5 years in prison.  Sent to prison.
WELLS, Tiffany Nichole

Age:  22

Tiffany Wells

Sentenced to 1 year in prison for 1st Degree Possession of a Controlled Substance, 12 months in jail for the prosecution's amended charge of Receiving Stolen Property, and 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia, probated 3 years.
8th Division - Judge Thomas L. Clark
CHESTNUT, Raymond Dean

Age:  20

Raymond Chestnut

Sentenced to 1 year in prison for the prosecution's amended charge of 2nd Degree Assault Under Extreme Emotional DisturbanceSent to prison.
SPENCER, Sammy Lewis

Age:  41

Sammy Spencer

Sentenced to 1 year in prison for Trafficking in Marijuana, 12 months in jail for Cultivation of Marijuana < 5 plants, 12 months in jail for 2nd Degree Possession of a Controlled Substance, and 12 months in jail for Use/Possession of Drug Paraphernalia, probated 4 years.
WILLEROY, Jeffrey Keith

Age: 49

Jeff Willeroy

Sentenced to 1 year in prison for 1st Degree Possession of a Controlled Substance, 1 year in prison for each of 2 counts of Fraudulent Use of Credit Cards > $100 within a 6 month period, 1 year in prison for Theft By Unlawful Taking > $300, 6 months in jail for Unauthorized Use of a Motor Vehicle, 12 months in jail for Theft By Unlawful Taking < $300, and 12 months in jail for Use/Possess Drug Paraphernalia.  First three counts are to run consecutive for a total of 3 years in prison, probated 4 years.
9th Division - Judge Kimberly Bunnell
BATES, Alfred Lee
 
 
Age:  53

Alfred Bates

REPEAT OFFENDER.  Sentenced to 5 years in prison enhanced to 10 years for 1st Degree Trafficking in a Controlled Substance and status as a Persistent Felony Offender.  Sent to prison.
BISHOP, Billy Ray
 
 
Age:  21

Billy Bishop

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 5 years for Theft By Unlawful Taking > $300 and status as a Persistent Felony Offender.  Sent to prison.
GINEZ-PEREZ, Alfredo
 
Age:  23

Alfredo Ginez-Perez

ILLEGAL ALIEN. Sentenced to 1 year in prison for 1st Degree Possession of a Controlled SubstanceSent to prison.
HONSHUL, Brenda Gail
 
Age:  33

Brenda Honshul

Sentenced to 1 year in prison for each of 4 counts  of Fraudulent Use of Credit Cards > $100 within a 6 month period. Sentences are to run consecutive for a total of 4 years in prison, probated 5 years.
PIERCE, Anthony
 
 
Age: 32

Anthony Pierce

Sentenced to 2 years in prison for the prosecution's amended charge of 2nd Degree Unlawful Transaction with a Minor, probated 5 years.  Ordered to serve 60 days in jail.
WILLIAMS, Demarcus Lee
 
Age:  19

Demarcus Williams

Sentenced to 5 years in prison for Convicted Felon in Possession of a Handgun, 1 year in prison for 1st Degree Fleeing or Evading the Police.  Sentences are to run consecutive for a total of 6 years in prison, probated 5 years.  Ordered to serve 180 days in jail.