A Message From Ray The D.A.
Criminal Justice News - A Prosecutor's Perspective
Criminal Justice News

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Officer Don's Crime Prevention Tip

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Vacation Check List
 

You're Going On Vacation - Help Burglars Take One Too!

 

An empty house is a tempting target for a burglar.  Use this checklist of tips to help safeguard your home while you are away:

 

Have good locks on all doors and windows and USE THEM!;
 

Ask a neighbor to watch your house while you are away and leave a phone number where you can be reached in case of an emergency;

 

Never leave your house key hidden outside your home;

 

Stop all deliveries, or arrange for a neighbor to pick up your mail, newspapers and packages;

 

Arrange for someone to mow your lawn, rake leaves and maintain the yard to give the home a lived-in look;

 

Plug in timers to turn lights, radio or television on and off at appropriate times. This helps to disguise the fact that you are away;

 
Don't announce your absence on answering machine messages;

Ask a neighbor to occasionally park in your driveway If you leave your vehicle parked outside, have the neighbor move it periodically so it looks as though you are home.

Staying alert to safety will make your vacation much more pleasant and enjoyable.  Being a victim of a crime is no fun.  RELAX, have FUN, and be SAFE!
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Meet the Summer 2008 Interns
Jeff Caudill
Jeff Caudill
University of Kentucky - Senior, Accounting
Intern Hannah Hodges
Hannah Hodges
University of Kentucky, College of Law - 2L
Intern Andolyn Johnson
Andolyn Johnson
University of Kentucky - Senior, Public Relations & Spanish
Sharletta Mahone
Sharletta Mahone
University of Kentucky, College of Law - 2L
Intern Stephanie Tew
Stephanie Tew
Northern Kentucky University, Salmon P. Chase College of Law - 3L
Daniel Whitley
Daniel Whitley

Florida A & M University, College of Law - 2L

Danielle Yannelli
Danielle Yannelli
Campbellsville University - Senior, Political Science & Broadcast Journalism
Issue: #20 June/2008
SignatureWelcome to our E-Newsletter
Feel free to forward our E-Newsletter to others.
 
TOP STORIES
Ray The D.A.'s Random Thoughts On The Criminal Justice System
The failure to incarcerate convicted criminals costs money! Unfortunately, it will be our innocent citizens who will have to pay a high price for the decisions of our elected leaders.
"The Real Deal" Intern Series 
Episode 7:  American D.A. - LIVE:  Paul Maggiotto and the Pamela Smart case.
"The Real Deal" Intern Series
Episode 8:  Selecting the June Grand Jury.
"The Real Deal" Intern Series
Episode 9:  Preparing for trial:  Examining evidence.
"The Real Deal" Intern Series
Episode 10:  A team effort:  Weekly team meetings in the Commonwealth's Attorney's Office.
Meet Lexington's Felony Prosecutors
Jim Havey's area of expertise is the prosecution of financial crimes.
Office News
A careful investigation at the crime scene by police is critical to success at trial. 
Victims' Voice
Victim volunteer Emily Burns will be sorely missed. 
Death Row Inmate Of The Week
This killer burglarized his estranged wife's home before murdering her and her mother.
Information Center
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.
Ray The D.A.'s Random Thoughts On The Criminal Justice System
The Failure To Incarcerate Convicted Criminals Costs Money!
Unfortunately, it will be our innocent citizens who will have to pay a high price for the decisions of our elected leaders.
 
Prison HandsOur elected government leaders want to save money by releasing prison inmates early.  Other states have tried the same thing with tragic results.  Illinois' experience shows the folly of trying to save money by releasing prisoners early.
 
In 1980, Illinois released 21,000 prisoners three months before the completion of their sentences in an effort to reduce the cost of detention by $60 million. But, while the state did save $60 million, those released prisoners committed:
 
23 Murders
32 Rapes
262 Acts of Arson
681 Robberies
2,472 Burglaries
2,571 Assaults
8,000 Other Crimes
 
All in the three months following their release, when they otherwise should still have been in prison. By the way, the direct and indirect loss to the Illinois victims of those crimes was over $300 million.
 
Those who want to release Kentucky prisoners early in 2008 are falling into the same tragic trap as Illinois did in 1980.  They believe that they will save millions of dollars from the state budget, and they probably will, but, at what cost to our citizens?
 
The legislators and policy-makers appear to be ignoring the costs that will be suffered by our citizens because of our failure to incarcerate convicted criminals. A real cost-benefit analysis of their early release plan must include an examination of the cost of crimes committed by those released and the cost of crimes which could be prevented by their continued incarceration.
 
Cost of Crime to Victims
Mark Cohen
, an Analyst for the Federal Sentencing Commission, tried to compute the costs of pain, suffering, and fear that victims suffer as a result of crime, based in part upon how juries have apportioned damages between direct economic losses and pain and suffering.
 
Cohen estimated the average per-crime cost to victims in 1984 (using 1985 dollars) as follows:
 
Rape

$51,058

Robbery

$12,594

Assault

$12,028

Personal Theft

$181

Auto Theft

$3,127

Burglary

$939

 
The estimated total cost of these crimes in 1984 was $92.6 billion (in 1985 dollars).  By 1990 dollar value, that "cost of crime" to victims would have been over $140 billion.
 
Cost of Crime in Lexington - 2007 (using Cohen's 1984 cost estimate):
 
Rapes

111

x

$51,058

=

$5,667,438

Robberies

550

x

$12,594

=

$6,926,700

Assaults (F)

1,113

x

$12,028

=

$13,387,164

Larceny from Auto

2,072

x

$181

=

$375,032

Auto Theft

612

x

$3,127

=

$1,913,724

Burglary

2,114

x

$939

=

$1,985,046

TOTAL        

$30,255,104

"The Real Deal" -- Episode 7

American D.A. - LIVE

Paul Maggiotto and the Pamela Smart Case
 

Intern Andolyn JohnsonBy Intern Andolyn Johnson

 
Andolyn at the taping of American D.A. - LIVE

Andolyn at the taping of American D.A. - LIVE.

Last Friday morning I went with Ray to his weekly radio show American D.A. - Live on News Talk 590 WVLK.  Ray Larson, Jack Pattie, and Paul Maggiotto discussed the case of Pamela Smart, the female teacher who had an affair with a 15-year-old student and convinced him to kill her husband.  The case was one of the first covered by Court TV, making it a media frenzy.  Maggiotto was the prosecutor in the case and he shared his perspective of this life-changing experience with listeners.
 
Paul Maggiotto Pamela Smart

Prosecutor Paul Maggiotto

Defendant Pamela Smart

"The Real Deal" -- Episode 8
Selecting The June Grand Jury
 
Danielle YannelliBy Intern Danielle Yannelli
 
The interns (back row) participate in Grand Jury orientation.

The interns (back row) participate in Grand Jury orientation.

Having just returned from Ireland where my only concerns involved soccer, I find myself in one of the most interesting processes I have ever witnessed.  Sleep has to wait, this was so interesting.  This month there were a large number of jurors called for duty, close to 300, I think.  This jury panel was a diverse group.
 
"The Real Deal" -- Episode 9
Preparing For Trial:  Examining Evidence
 
Intern Stephanie TewBy Intern Stephanie Tew
 
Stephanie and Andolyn look at a gun that had been booked into evidence.

Stephanie and Andolyn look at a gun that had been booked into evidence.

The Fayette Commonwealth's Attorney was appointed as a special prosecutor in a Murder trial in Madison County.  In preparing for this trial, Andolyn Johnson and I accompanied Commonwealth's Attorney Ray Larson and Assistant Commonwealth's Attorney Lori Boling to Richmond to examine the evidence.
 
"The Real Deal" -- Episode 10

A Team Effort:  Weekly Team Meetings In The Commonwealth's Attorney's Office

Intern Hannah HodgesBy Intern Hannah Hodges
 
Hannah participates in a team meeting.

Hannah participates in a team meeting.

 
Lawyers are not always considered team players.  Everyone is familiar with the harsh stereotype lawyers must face; many are considered competitive, scheming professionals who only look out for themselves.  This stereotype could not be further from the real lawyers that I have encountered in the Commonwealth's Attorney's Office.  Teamwork is a concept the Commonwealth Attorneys not only believe in, but practice on a weekly basis. There are two teams in the office, each with a team leader and six to eight members.  Every week the attorneys at the office meet and discuss pending cases. During these discussions they assist in trial strategies and discuss new case law.  Interns are incorporated into both teams.  At first, I thought the concept of "teams" seemed somewhat elementary. I considered prosecuting as a solo job, but was pleasantly surprised to learn it does not have to be.
 
Meet Lexington's Felony Prosecutors
 
James Havey

Jim Havey

Jim Havey is from Independence, Kentucky.  He graduated from Western Kentucky University with a Bachelor of Arts degree in Psychology and Philosophy and earned his law degree from the University of Kentucky College of Law. 

 

Jim previously served as an Assistant at the offices of the Pike and Fayette County Attorneys and at the Office of the Kentucky Attorney General.  He joined the staff of the Fayette Commonwealth's Attorney's Office in February of 2007.  His area of expertise is the prosecution of financial crimes.  "Jim is an extremely bright person.  We are fortunate to have him on our staff," says Ray Larson.

Office News
A Careful Investigation At The Crime Scene By Police Is Critical To Success At Trial
 
Detective Shannon Garner

Det. Shannon Garner

Repeat Offender Detective Shannon Garner recently provided a training session for Field Training Officers (FTO's) of the Lexington Division of Police on the issues prosecutors face when a criminal case lands on their desks.
 
FTO's are experienced patrol officers who have been assigned the responsibility of newly graduated officers from the police training academy.  The new officers ride with the FTO's for a period of time before they are permitted to be on their own.  During that time the FTO's provide invaluable on-the-street training for our new officers.
 
Detective Garner's responsibility is to follow-up on criminal cases which arrive in the Commonwealth's Attorney's Office for prosecution.  Her presentation to the FTO's was designed to point out areas of investigation which frequently required additional follow-up.  Her hope was that by making FTO's aware of these areas, that our new officers will learn to deal with these issues at the scene of the crime and thereby avoid the necessity of later follow-up.
Victims' Voice
Emily Louise Burns
July 23, 1947 - May 21, 2008
 
Emily Burns

Emily Burns

By Gail A. Whitt, Personal Friend and Retired Director of Fayette Commonwealth's Attorney's Office's Crime Victim Services
 
Sadly, one of our volunteer family members for victims of violent crime recently lost her battle with cancer.  Emily Burns will be sorely missed not only by her family and friends, but by the countless families she served as a companion to who had gone through a similar crisis that she endured after losing her son, Bran Burns, to violence.
 
Emily Burns with Ray Larson at a Victims' Conference

Emily Burns with Ray Larson at a Victims' Luncheon.

Emily knew firsthand the pain of losing a child to violent crime.  In July, 1991, her 21-year-old son, Bran, was killed by a 17-year-old who was later tried as a youthful offender in the adult criminal justice system.  Despite her disappointment in a flawed system designed to protect juveniles, Emily retained a presence of mind and was determined to assist others through the "rough days" ahead.  The criminal justice system can be a tremendous source of pain for families and Emily quickly became a friend who helped other families by watching, listening, and reacting to the painful days in the court system.  She spent several years attending court with families, training sessions with crime victim advocates, and awareness events with all who served in a profession to institute rights for victims of violent crime.
 
I will miss her as a friend and advocate, and have always admired her tenacious personality, determination and ability to face fear through her fearless efforts.
Death Row Inmate Of The Week

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

David Eugene Matthews

David Eugene Matthews
33 at the time
Male, White

David Eugene Matthews burglarized his estranged wife's home and then murdered her in Jefferson County in 1981.  He executed his mother-in-law by shooting her in the back of the head; she agonized and convulsed for eight hours before dying. 
 
Matthews was sentenced to Death on November 11, 1982.
 
That's what he did.  He sentenced himself to death.
Information Center
To see the latest Grand Jury returns, including IndictmentsDismissals, and cases Returned to District Court, click on the dates below:
 
 
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday.  To see our trial schedule, click here.
Fayette Circuit Court Sentencings
Friday, May 30, 2008 and Monday, June 2, 2008
 
3rd Division - Judge James Ishmael
BEARD, Anthony Lamont Jr.
 
Age:  18

Beard, Anthony

YOUTHFUL OFFENDER RE-SENTENCING.  Sentenced to 2 years in prison for 1st degree Wanton Endangerment, 12 months in jail each for Fleeing/Evading Police, 3rd degree Escape, Resisting Arrest and Possession of Handgun by Minor, to run concurrently for a total of 2 years, probated for 3 years.
EATON, Rebecca Ann
 
 
Age:  35

Eaton, Rebecca

Sentenced to 1 year in prison for Fraudulent use of Credit Cards >$300 within a 6-month period, probated for 3 years.  Ordered to pay $10,641.32 in restitution.
HUTCHINS, Boyd W.
 
 
Age:  38

Huthcins, Boyd

REPEAT OFFENDER. Sentenced to 10 years in prison for the prosecution's amended charge of 2nd degree Robbery and status as a Persistent Felony Offender.  Sent to prison.
NOEL, Lawrence B.
 
 
Age:  51

Noel, Lawrence

Sentenced to 10 years in prison for the prosecution's amended charge of 2nd degree Burglary, 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, to run consecutively, and 12 months in jail for Intimidating a Participant in a Legal Process, to run concurrently for a total of 11 years.  Ordered to pay $489.19 in restitution.  Sent to prison.
SANCHEZ, Alejandro Sanchez
 
Age:  27

Sanchez, Alejandro

ILLEGAL ALIEN.  Sentenced to 12 months in jail for the prosecution's amended charge of 4th degree Assault, probated for 2 years.  IMMIGRATION, CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
SPENCER, Eugene
 
 
Age:  46

Spencer, Eugene

Sentenced to 12 months in jail for the prosecution's amended charge of an Alford Plea to Possession of Drug Paraphernalia 1st Offense and 12 months in jail for Possession of Marijuana, to run concurrently for a total of 12 months.  Sent to jail.
THOMAS, Delaynio Euguene
 
Age:  31

Thomas, Delaynio

Sentenced to 12 months in jail for the prosecution's amended charge of an Alford Plea to Criminal Attempt to Possession of a Controlled Substance 1st Offense.  Sent to jail.
 
4th Division - Judge Pamela Goodwine
AULT, Brandon Allen
 
 
Age:  20

Ault, Brandon

Sentenced to 12 months in jail for each of two counts of the prosecution's amended charge of Trafficking in Marijuana, to run concurrently for a total of 12 months, probated for 2 years.
FELICIANO, Ralph Feedel
 
 
Age:  43

Feliciano, Ralph

Sentenced to 12 months in jail for each of two counts of the prosecution's amended charge of Theft by Failure to Make Required Disposition to run concurrently for a total of 12 months, probated for 2 years.
HERNANDEZ-VALAZQUEZ, Samuel
 
Age:  25

Hernandez-Valazquez, Samuel

ILLEGAL ALIEN.  Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Facilitation to Receiving Stolen Property >$300, conditionally discharged for 2 years.  IMMIGRATION, CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
INGRAM, Jennifer Lynn
 
 
Age:  38

Ingram, Jennifer

Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, probated for 5 years.  Ordered to pay $696.17 in restitution.
SMITH, James David
 
 
Age:  60

Smith, James

Sentenced to 1 year in prison for the prosecution's amended charge of Driving Under the Influence 4th Offense and 12 months in jail for Possessing License when Privileges are Revoked/Suspended, ordered to serve 9 months in jail, probated for 5 years.
THOMAS, Dewayne Allen
 
 
Age:  25

Thomas, Dewayne

REPEAT OFFENDER.  Sentenced to 10 years in prison for 1st degree Trafficking in Controlled Substance 1st Offense and status as a Persistent Felony Offender.  In a separate case sentenced to 1 year in prison for Theft of Identity of Another without Consent and 12 months in jail for Possession of Drug Paraphernalia, to run concurrently for a total of 10 years in prison.  Sent to prison.
7th Division - Judge Sheila Isaac
MAYS, Larry J.
 
 
 
Age:  29

Mays, Larry

Sentenced to 6 months in jail for the prosecution's amended charge of Criminal Attempt Theft of Identity of Another without Consent, probated for 2 years.  Ordered to pay $1,900.00 in restitution.
MCCRANIE, Mack Junior
 
 
Age:  36

McCranie, Mack

Sentenced to 3 years in prison and 60-month License Suspension for Operating Motor Vehicle Under the Influence, 4th or > Offense and 90 days in jail for No Operator's License, to run concurrently for a total of 3 years.  Sent to prison.
8th Division - Judge Thomas L. Clark
FUGATE, Tina Renae
 
 
Age:  41

Fugate, Tina

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt to 1st degree Possession of Controlled Substance 1st Offense, 1 year in prison for 1st degree Possession of Controlled Substance 1st Offense, 2 years in prison for Theft of Identity of Another without Consent, to run consecutively with other time, 12 months in jail for the prosecution's amended charge of 1st degree Possession of Drug Paraphernalia 2nd or > Offense, 10 days in jail for Failure of Non-Owner Operator to Maintain Required Insurance and 10 days in jail for Operating of Suspended/Revoked Operator's License, to run concurrently, for a total of 2 years.  Sent to prison.
JACKSON, Luther Taylor
 
 
Age:  44

Jackson, Luther

Sentenced to 2 years in prison for Tampering with Physical Evidence and 1 year in prison for Possession of Drug Paraphernalia, 2nd or > Offense, to run concurrently for a total of 2 year.  Sent to prison.
MCDERMOTT, Monica Latrice
 
 
Age:  28

McDermott, Mack

Sentenced to 12 months in jail for the prosecution's amended charge of Theft By Unlawful Taking <$300 and 12 months in jail for Theft By Unlawful Taking <$300, to run concurrently for a total of 12 months in jail, probated for 2 years.
MITCHELL, Phillip Delphon
 
 
Age:  35

Mitchell, Phillip

Sentenced to 4 years in prison for Flagrant Non Support, probated for 5 years.  Ordered to pay $42,167.14 in arrearage.
NOLEN, John Grant III
 
 
Age:  40

Nole, John

Sentenced to 5 years in prison each for three counts of Possession of Matter Portraying Sex Performance by Minor, two counts to run consecutively and one concurrently for a total of 10 years in prison, probated for 5 years.  Ordered to serve 60 days, lifetime sex offender registrant and 3-year conditional discharge.
THOMAS, Delaynio Eugene
 
Age:  31

Thomas, Delaynio

Sentenced to 5 years in prison for 1st degree Possession of Controlled Substance, 2nd or > Offense, probated for 5 years.  Ordered to serve 4 months.
WATKINS, John Newell III
 
 
Age:  19

Watkins, John

Sentenced to 1 year in prison for the prosecution's amended charge of 1st degree Possession of a Controlled Substance and 7 days in jail for 2nd degree Criminal Trespass, to run concurrently for a total of 1 year, probated for 3 years.
 
9th Division - Judge Kimberly Bunnell
CRAIG, Christine M.
 
 
Age:  41

Craig, Christine

Sentenced to 6 months in jail for the prosecution's amended charge of 3rd degree Criminal Possession of a Forged Instrument, probated for 2 years.
NEGRON, Javier
 
 
 
Age:  32

Negron, Javier

Sentenced to 5 years in prison for 3rd degree Burglary.  Sent to prison.
YOUNG, Brian
 
 
 
Age:  41

Young, Brian

Sentenced to 90 days in jail for the prosecution's amended charge of Attempted 1st degree Possession of a Controlled Substance, probated for 2 years.