A Message From Ray The D.A.
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Raising Streetwise Kids - Part II
 
Would your child know what to do if he or she were left home alone?....
 
Leave a phone number where you can be reached.  Post it by the phone, along with numbers for a neighbor and emergencies;
 
Have your child check in with you or a neighbor when he or she gets home;
 
Tell your child not to let anyone into the home without your permission, and never to let a caller at the door or on the phone know there's no adult home;
 
Work out an escape plan in case of fire or other emergencies. 
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Sheriff Kathy Witt
Coming soon.... 
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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: #23 June/2008
SignatureWelcome to our E-Newsletter
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TOP STORIES
The Crime-Fighters' Fact-Checker
Are too many non-indigent defendants being appointed free lawyers paid for by the state? 
Cops & Robbers News From Across America
Criminal justice news and trends from around the country. 
"The Real Deal" Intern Series
 
Episode 17:  Behind the scenes - touring the Circuit Courthouse
"The Real Deal" Intern Series
Episode 18:  Birthday celebration at the Commonwealth's Attorney's Office   
"The Real Deal" Intern Series
Episode 19:  American DA - LIVE with Police Chief Ronnie Bastin 
"The Real Deal" Intern Series
Episode 20:  Senior Citizen Internship Program luncheon 
Meet Lexington's Felony Prosecutors
Brandon Faulkner's focus is on the prosecution of gang-related crimes and welfare fraud cases.
Immigration Update
Anti-immigrant backlash is sweeping Europe.
Death Row Inmate Of The Week
This killer kidnapped, robbed and murdered an elderly man who was on his way to celebrate his 77th birthday with his adult children.
Next On American DA - LIVE
Prosecutor Daniel Saunders from the Queens, New York, D.A.'s Office discusses the Wendy's Massacre Case. 
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.
New Feature
Convicted criminals in the Home Incarceration Program in Lexington. 
Last Week's Circuit Court Sentencings
Who went to prison and who was probated.
The Crime-Fighters' Fact-Checker
Fact-FinderAre Too Many Non-indigent Defendants Being Appointed Free Lawyers Paid For By The State? 
 
Are too many non-indigent defendants being appointed free lawyers paid for by the state?  Are too many judges too lenient in appointing free lawyers to defendants that don't fit the definition?
 
DPA attorneys are only to represent individuals who are "needy."  The law defines what "needy" means.  Look at KRS 31.100 - KRS 31.120.
 
The following are instances from Circuit Courts around Kentucky:
 
"We had a full-blown hearing recently about whether a defendant was eligible for the appointment of a public defender.  He lives in a $400,000 house with 90% of it mortgaged (that means he had 10% of $400,000 in equity).  He has a house payment of $3,000.  He claims to be self-employed, but not doing too well right now, but he drove a leased BMW to court. Furthermore, his wife has an excellent job at a large successful corporation. 
 
The Judge's decision? 
HE'S ENTITLED TO A PUBLIC DEFENDER!!
 
In a murder case, the prosecutor objected to the representation of a defendant by DPA because they had never been appointed to represent him by the judge in the first place.  The DPA attorney admitted that they had never been appointed and stated on the record that DPA has, or had at the time, a policy of offering DPA services to all defendants accused of murder.
 
 
A defendant who had just bought a $300,000 house needed the judge to appoint him a free public defender to represent him.  (Once again, free to him - paid for by the taxpayers).
  
The Judge's decision?  HE APPOINTED A FREE PUBLIC DEFENDER!!
 
ClueThoughts of the Fact-Checker:
 
It appears that public defenders are now representing defendants who can afford to hire their own attorney.  Judges should require them to do so.  Maybe if they did, DPA wouldn't need so much money.  Judges should simply read the state's definition of "indigent" or "needy" and enforce the standards for free defense lawyers paid for by the state.  The public defenders' caseloads might drop significantly.
Cops & Robbers News From Across America
Potency of Marijuana Rises
 
Potency of Marijuana RisesMarijuana potency has increased to the highest level in more than 30 years, according to the University of Mississippi's Potency Monitoring Project.  It tracks the average amount of THC, the psychoactive ingredient in marijuana, in samples seized by police agencies from 1975 through 2007.
 
The average amount of THC in 2007 reached 9.6%, compared with 8.75% in 2006.  The amount has doubled since 1983.
 
Editor's Comment:  This should be sobering and scary news to those who view marijuana as a harmless drug.
 
Criminals Just Keep Right On Committing Crimes - The Justice System Strains To Keep Up With Them
 
Bureau of Justice StatisticsThe Bureau of Justice Statistics reported the number of people under supervision by the criminal justice system for 2006:
 
Incarcerated in prison or jail.........2,000,000
On probation.............................4,200,000
On parole....................................800,000
 
Editor's Comment:  Those numbers wouldn't be that high if criminals didn't insist on committing crimes and getting themselves thrown in jail or prison.  It's not our fault - it's their fault!
 
Condemned Killer in Texas Executed - After U.S. Supreme Court Approves Lethal Injection
 
Karl ChamberlainRecently a convicted rapist-murderer, Karl Eugene Chamberlain, was executed by lethal injection.  He had been convicted for the rape and murder of a Dallas woman 17 years ago.  Texas, like other states, stopped executing condemned killers until the U.S. Supreme Court ruled that lethal injection was not an unconstitutional method of executing these brutal murderers.
 
Editor's Comment:  Many think these scoundrels should die the same way their victims died. That would, of course, be ruled as cruel and unusual punishment and prohibited.
 
Judge Orders Chronically-Late Lawyer To Jail
 
Jail BarsA Los Angeles judge became so frustrated with a lawyer arriving for court late or not showing up at all, that he threw him in jail to ensure that he would be sure and be on time.  Only after the lawyer had been cited six previous times did the judge resort to jail-time.
 
Editor's Comment:  Good for the judge. The lawyer's clients are the ones who suffer the delays because the lawyer is too self-centered to be punctual.
 
New York City's "Pooper-Scooper" Law To Be Updated
 
Scooper LawNew York City's 30-year-old "pooper-scooper" law which requires pet owners to clean-up after their pets on the street is about to have the penalty for violating the law increased from an $11 fine to a $250 fine.  New York City has about 500,000 dogs.  Last year the city received over 3,000 complaints on the pet-poop hotline, up from 2,100 in 2004.
 
Editor's Comment:
  Sounds like a great community service project.  Good for the streets, "crappy" for the person serving his community service hours.
 
Washington, D.C. Police To Use "War-Zone" Checkpoints In Violent Neighborhoods
 
War Zone CheckpointThe D.C. police announced military-type checkpoints to stop cars in a neighborhood inundated by gun violence in an attempt to keep criminals out of the area.  Officers will check for driver's licenses and whether they have a legitimate reason for being in the neighborhood.  If not, they will be turned away.  The police have been under pressure from neighborhood residents to stop a recent surge in violence.  The strategy is similar to a successful one in New York.
 
Editor's Comment:  The people who live in high-crime neighborhoods deserve to feel safe too.  By the way, these are the people who suffer when the high-priced policy-makers decide to let criminals out of prison.
 
Crime Up In North Carolina - Attorney General Blames Juveniles
 
Up ArrowCrime in North Carolina is on the rise.  The murder rate rose 8.5%.  The State Attorney General noted that the number of juveniles arrested for murder has risen 52%.  He is supporting legislation that seeks tougher penalties for gang activity.
 
Editor's Comments:  Now let's see - here in Kentucky they want to get soft on crime by letting everyone out of prison.  "They" meaning the Governor, legislators, editorial writers, law professors, and high-priced policy-makers, none of whom live in high-crime areas.  Of course, they don't care who gets out of prison.  Released criminals don't return to their high-priced neighborhoods.  Maybe one day they will consider the safety of the folks who do live in our high-crime areas.
 
Soft Penalties On "Metal Thieves" Simply Encourages Crime
 
CopperThieves are seeking copper and other metals which are fetching higher prices at junkyards and recycling yards.  They destroy street-lights, air conditioning units, irrigation systems, household plumbing, telephone wiring and electrical transformers.  Too often if these thugs are caught and convicted, they are given a mere slap on the wrist then get right back to their unlawful activities.
 
Editor's Comments:  Now let's see . . . theft of property is classified as a "non-violent, property crime," the preferred penalty for which, under Kentucky's wimpy sentencing laws, is probation.  The message to us law-abiding citizens:  CRIME PAYS!  The people who want to reduce punishment even further now are at work in Frankfort trying to figure out how to keep even more people from being punished for their crimes.  Sooner or later the public is going to catch on to this scam, which will ultimately cause our crime rate to go up, and will demand they be punished.  It's happened before.
 
Colorado Forest Fire Arsonist Out Of Prison - Owes $42,000,000 In Restitution
 
ArsonistThe woman who intentionally set a Colorado forest fire which destroyed 137,000 acres, 133 homes, and forced thousands to evacuate has been released from prison after serving a little over five years of her six-year sentence.
 
Editor's Comment:  Don't worry though.  The judge demanded that she pay $42,000,000 in restitution. Her probation officer was to arrange her payment schedule.  She is now 44 years old.  If her payments were $500 per month, she would have to live until she was 84,044 years old.  We can only hope that she lives until she is 84,044 years old and still has a decent job.  Great thinking Judge!
 
The "Soft-On-Crime Crowd" In Oregon Has Gone Too Far, Says A Retired Juvenile Probation Officer
 
"Soft on Crime"Juvenile offenders are not being held accountable for serious crimes in Portland, Oregon says a former juvenile probation officer.  The county has designed a system that minimizes the consequences for young criminals facing criminal charges.  Young law violators are given almost no credible reason to change their behavior. The police have lost all confidence in the system.
 
Editor's Comment:  So there you go - the no consequences for illegal behavior experiment run amok.  I suspect the people who designed that juvenile justice system without consequences, like our high-priced policy-makers in Kentucky, don't live in the neighborhoods which these young thugs terrorize. So what do they care?
"The Real Deal" Intern Series -- Episode 17
Behind The Scenes - Touring The Circuit Courthouse
 
Intern Hannah HodgesBy Intern Hannah Hodges
 
The interns in a jury box in one of the Courtrooms.

The interns in a jury box in one of the Courtrooms.

While the interns and I have been into the Courthouse numerous times to attend hearings and trials, we had never been given a grand tour of the facility.  Until today.  Ms. Dana Carter, Court Administrator, kindly gave our group a behind-the-scenes look at the Courthouse and shared many interesting tidbits.
 
"The Real Deal" Intern Series -- Episode 18
Birthday Celebration At The Commonwealth's Attorney's Office
 
Danielle YannelliBy Intern Danielle Yannelli 
 
The interns celebrate Danielle's 21st birthday.

The interns celebrate Danielle's 21st birthday.

Last week I had the privilege of celebrating my 21st birthday with my fellow interns at the Commonwealth's Attorney's Office.  Before our daily morning meeting, I went to drop off my belongings in the conference room where all the interns work.  When I walked in the room, I was surprised to see that there was a "Happy Birthday" cake that the interns had gotten me.  Also, lying to the side of the cake were mardi gras beads that had the number 21 on them.
 
Click here to read the rest of the article.
"The Real Deal" Intern Series -- Episode 19

American DA - LIVE With Police Chief Ronnie Bastin

Intern Andolyn JohnsonBy Intern Andolyn Johnson

Chief Bastin

Police Chief Ronnie Bastin

On American DA - LIVE last Friday, June 13, Ray Larson and Jack Pattie talked with Lexington Police Chief Ronnie Bastin.  Listeners called to ask questions and comment on several pressing issues in Lexington.  The show focused on criminal activity, new police technology, traffic concerns and gang presence.
 
"The Real Deal" Intern Series -- Episode 20

Senior Citizen Internship Luncheon

 
Intern Stephanie TewBy Intern Stephanie Tew
The interns from the Commonwealth's Attorney's Office had lunch with the Senior Citizen Internship interns.

The interns from the Commonwealth's Attorney's Office had lunch with the Senior Citizen Internship interns.

 
On Tuesday, June 17, all of the interns got to take part in a very different type internship program.  The interns accompanied Commonwealth's Attorney Ray Larson to a luncheon held at the Lexington Police Department as part of the Senior Citizen Internship Program
 
Click here to read the rest of the article.
Meet Lexington's Felony Prosecutors
 
Brandon Faulkner

Brandon Faulkner

Brandon Faulkner is from Lexington, Kentucky.  He graduated from Birmingham-Southern College in Alabama with a Bachelor of Arts in Political Science, and received his law degree from Salmon P. Chase College of Law.

 

After interning at the Fayette Commonwealth's Attorney's Office during law school, Brandon joined the staff as an Assistant Commonwealth's Attorney in December, 2007.  His focus is on the prosecution of gang-related crimes and welfare fraud cases.  "Brandon's outstanding work ethic and intellect have been a great addition to our office," says Commonwealth's Attorney Ray Larson.

Immigration Update
Anti-Immigrant Backlash Is Sweeping Europe
(Excerpted from USA-TODAY, June 10, 2008)
 
Flags of EuropeEuropean leaders are under increasing public pressure to tighten their borders and stop the rising crime and social strain caused by the tidal wave of illegal immigrants.
 
* Rome's new mayor, Giovanni Alemanno, has promised to expel 20,000 immigrants with criminal records from Rome; 
 
* French President Nicolas Sarkozy is making a hard-line immigration policy the centerpiece of his 6-month tenure as the President of the 27-nation European Union.
 
* Italian Prime Minister Silvio Berlusconi campaigned to crack down on illegal immigrants, describing them as part of "an army of evil."
 
Europe's lengthy borders are even more porous than the USA's. The U.S.-Mexican border is about 1,950 miles long, compared to the several thousands of miles of European borders and coastline.
Death Row Inmate Of The Week

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

Brian Moore

Brian Moore
22 at the time
Male, White

Brian Moore, in Jefferson County in 1979, kidnapped, robbed, and executed an elderly man who begged for his life. Moore drew a gun on the victim as he was returning to his car in a grocery store parking lot.  He commandeered the car and threw the victim down an embankment several miles away.  Moore then shot the victim from point blank range on the top of the head, in the face below the right eye, inside the right ear, and behind the right ear.  He returned hours later to remove a wristwatch from the body.  The victim had been on his way to celebrate his 77th birthday with his adult children.
 
Moore was sentenced to Death on November 29, 1984.
 
That's what he did.  He sentenced himself to death.
Next On American DA - LIVE
The Wendy's Massacre Trial 
    
Craig Godineaux John Taylor Daniel Saunders

Defendant Craig Godineaux

Defendant John B. Taylor

Prosecutor Daniel Saunders

 
On May 24, 2000, five employees of the Wendy's in Flushing, Queens, New York were killed during a robbery by former employee John B. Taylor and his accomplice Craig Godineaux.  The men waited until the restaurant was empty and then forced the seven employees into the basement.  All were tied up and shot point blank in their heads.  The men presumed all seven were dead and completed their robbery, taking $2,400.  Two victims survived the gunshot and were able to call the police.  This became known as the "Wendy's Massacre."
 
Daniel Saunders, Deputy Executive Assistant District Attorney of the Queens, New York, District Attorney's Office, joins Ray Larson and Jack Pattie to talk about this case on American DA - LIVE on Friday, June 27, 2008 at 9:00 a.m. on WVLK 590 AM.
 
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.
New Feature For Information Center
Convicted Criminals In The Home Incarceration Program (HIP) in Lexington
 
Inmates who are nearing the end of their sentences can be placed into the Home Incarceration Program (HIP) under certain circumstances.  Offenders who are part of this program are technically still incarcerated; however, they are placed in the community under electronic monitoring rather than being behind the walls of a correctional facility.
 
To learn the identity of the inmates presently in the Home Incarceration Program in our community, click here
Fayette Circuit Court Sentencings
Friday, June 20, 2008
 
3rd Division - Judge James Ishmael
BLACKFORD, Kimberly Ann
 
 
Age:  22 

Blackford, Kimberly 

Sentenced to 1 year in prison for Tampering with Physical Evidence and 1 year in prison for 1st degree Bail Jumping, to run consecutively for a total of 2 years in prison.  Sent to prison.
PEYTON, Quinton Clay
 
 
Age:  44 

 Peyton, Quinton

Sentenced to 3 years in prison for Theft by Deception > $300 and 12 months in jail  each for 4 counts of the prosecution's amended charge of Criminal Attempt to Theft by Deception > $300, to run concurrently for a total of 3 years in prison.  Ordered to pay $5,326.02 in restitution.  Sent to prison.
STEWART, Brandon Wade
 
 
Age:  22 

 Stewart, Brandon

Sentenced to 5 years in prison for Trafficking in Marijuana < 8 oz., 2nd or > offense and 12 months in jail for Violation of a Kentucky EPO/DVO, to run concurrently for a total of 5 years in prison.  Sent to prison.
 
7th Division - Judge Sheila Isaac
BEASLEY, Ashley Renee
 
 
 
Age:  22

 No Picture

Sentenced to 6 months in jail for the prosecution's amended charge of Conspiracy to Theft by Unlawful Taking, probated for 1 year.
ELLISON, James Christopher
 
 
Age:  25

Ellison, James 

Sentenced to 12 months in jail each for 2 counts of the prosecution's amended charge of Theft by Unlawful Taking < $300 and 12 months in jail for Possession of Drug Paraphernalia, 1st offense, to run concurrently for a total of 12 months in jail, probated for 2 years.
JOHNSON, Surgee Rae
 
 
 
Age:  30

 Johnson, Surgee

Sentenced to 5 years in prison for 1st degree Criminal Possession of a Forged Instrument, 12 months in jail each for an Alford Plea to 2 counts of the prosecution's amended charge of Facilitation to Criminal Possession of a Forged Instrument, 12 months in jail for the prosecution's amended charge of Facilitation to Criminal Possession of a Forged Instrument, to run concurrently for a total of 5 years in prison, probated 5 years.
MEDINA, Charles Nelson
 
 
 
Age:  36 

 Medina, Charles

Sentenced to 1 year in prison for the prosecution's amended charge of Possession of a Firearm by a Convicted Felon, probated for 1 year.
ROE, Darrell Wayne
 
 
 
Age:  41 

Roe, Darrell 

Sentenced to 12 months in jail for the prosecution's amended charge of Facilitation to 2nd degree Burglary, probated 2 years.
 
8th Division - Judge Thomas L. Clark
McDONALD, Billy Joe
 
 
 
Age:  44

 McDonald, Billy

Sentenced to 1 year in prison for Theft by Failure to Make Required Disposition of Property > $300.  In a separate case, sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Bail Jumping, to run concurrently for a total of 1 year, probated for 3 years
REYES-MORENO, Noe
 
 
 
Age:  27

 Reyes-Moreno, Noe

ILLEGAL ALIEN.  Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt to Receiving Stolen Property > $300, 12 months in jail for the prosecution's amended charge of Criminal Attempt to Theft of a Motor Vehicle Plate, 30 days in jail for Operating a Motor Vehicle  under the Influence of Alcohol/Drugs, 30 days in jail for No Operator's License and 30 days in jail for Failure of Non-Owner Operator to Maintain Required Insurance,  to run concurrently for a total of 12 months in jail.  Serve 60 days in jail, conditionally discharged for 2 years.  Ordered to pay $1900 in restitution.  IMMIGRATION, CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
TORRES-ESPINOZA, Raul
 
 
 
Age:  28  

 Torres-Espinoza, Raul

ILLEGAL ALIEN.  Sentenced to 5 years in prison for 1st degree Trafficking Cocaine, 1st offense.  Sent to prison.  IMMIGRATION, CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
 
9th Division - Judge Kimberly Bunnell
DOMINIGUEZ, Manuel Ernesto
 
 
 
Age:  21

Dominiguez, Manuel 

ILLEGAL ALIEN.  Sentenced to 5 years in prison for the prosecution's amended charge of  1st degree Unlawful Imprisonment and 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking < $300, to run concurrently for a total of 5 years in prison.  Sent to prison.  IMMIGRATION, CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
HOCKER, Thomas Edward
 
 
 
Age:  44 

Hocker, Thomas 

Sentenced to 6 months in jail for the prosecution's amended charge of 4th degree Assault and 6 months in jail for 2nd degree Unlawful Imprisonment, to run consecutively for a total of 12 months in jail, probated for 2 years.  Ordered to pay $428.90 in restitution.
PRICE, Daniel Grant
 
 
 
Age:  27

 Price, Daniel

Sentenced to 1 year in prison for 1st degree Possession of Controlled Substance, 1st offense and 12 months in jail for the prosecution's amended charge of Possession of Marijuana, to run concurrently for a total of 1 year in prison.  Sent to prison.
WILSON, Tanisha Roma
 
 
 
Age:  20   

 No Picture

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Deception < $300, serve 3 days in jail,  probated for 2 years.