A Message From Ray The D.A.
Criminal Justice News - A Prosecutor's Perspective
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Officer Don's Crime Prevention Tip

Officer Don Evans
Halloween  
Halloween Safety
 
The following crime prevention tips can help make Halloween safe and more enjoyable for everyone: 
 
Do not allow a child to go "Trick or Treating" alone.  Older children should take a friend and younger children should be accompanied by an adult;
 
Children should be cautioned not to approach any vehicle, occupied or not, unless they know the owner and are accompanied by a parent;
 
Parents should inspect all treats and dispose of anything that seems to have been tampered with, has been opened, or is not wrapped;
 
Children should be instructed to scream and make a scene if anyone tries to grab them or force them, in any way, to go with them;
 
Make sure that all children carry a glow stick or wear reflective clothing.  Adult escorts should carry flashlights;
 
Children should never take shortcuts through
backyards, alleys or parks;
 
A good alternative to "Trick or Treating" is for parents to organize parties at home, in schools, or in community centers.
Sheriff Kathy Witt

Sheriff Kathy Witt

    Fugitives Wanted by the Fayette County Sheriff's Office
 

WANTED

Marciano Vasquez Santos

Marciano Vasquez Santos

Murder

DOB: 4/1/1979
Race:  Hispanic
Sex:  Male
Height: 5'8"
Weight: 135
Hair:  Black
Eyes: Brown

Click here to see who is wanted by the Fayette County Sheriff's Office.
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Issue: #39 October/2008
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TOP STORIES
Law Student Intern Report
A hearing on a motion to suppress defendant's confession, from a third-year law student's perspective
Office News
Commonwealth's Attorney's Office hosts fall EBCE students.
Meet Kentucky's Felony Prosecutors
Allen C. Trimble, Commonwealth's Attorney for McCreary and Whitley Counties.
Recent Court Case 
Conviction number 26 returns paroled shoplifter to prison. 
Death Row Inmate Of The Week

This killer abducted, raped and murdered a popular 16-year-old high school cheerleader.
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.
Who is on Home Incarceration in Lexington?
Convicted criminals in the Home Incarceration Program (HIP) in Lexington. 
Last Week's Circuit Court Sentencings
Who went to prison and who was probated.
Law Student Intern Report
A Hearing On A Motion To Suppress Defendant's Confession, From A Third-Year Law Student's Perspective
 
Chapin HoskinsBy Chapin Hoskins
 
As a third-year law student interning with the prosecutor's office, I was given the opportunity to represent the prosecution in a hearing on a motion in which the defense counsel was attempting to exclude the defendant's confession from evidence.  As you can imagine, I jumped at the chance to get real courtroom experience.  Well, it didn't go quite as planned.
 
Chapin prepares for the hearing.

Chapin prepares for the hearing.

I knew the facts of the case and my argument like the back of my hand, but at the same time I didn't know what to expect.  After questioning my witness, the Judge asked me if I had any more evidence to present, which I thought meant go ahead with my argument.  So, I stood up and suggested that the defense go first as the prosecution bears the burden of proving the validity of the confession.  I really thought I knew what I was talking about, but a grin came across the Judge's face as he kindly informed me that he was only asking if I would like to call any more witnesses.  How embarrassing.
 
I was a bit deflated but still had some confidence in my argument, that is, until I heard the defendant's argument.  It was not what I expected, and it actually made a portion of my argument totally irrelevant.  The Judge just smiled as I plugged my way through my argument.  Although at first totally embarrassed about my blunders, I realized that everyone in the room knew that I didn't know what I was doing.  The Judge and the defense attorney were both very nice and just sat by as I stumbled my way through my first motion hearing.
 
In the end, the defendant's motion was overruled, and I was relieved to learn that my mistakes didn't affect the outcome.  Although nothing went as planned and I felt a bit overwhelmed at times, it was one of the most educational and rewarding experiences I've had while in law school.  I can't wait to try it again.
Office News
Commonwealth's Attorney's Office Hosts Fall EBCE Students
 
EBCE
John Tender

John Tender helps Victim's Advocate Robin Anderson with a project.

The Fayette Commonwealth's Attorney's Office is pleased to again be a part of the Fayette County Public Schools Experience Based Career Education (EBCE) Program.  EBCE allows selected high school students to receive a first-hand look at potential careers.  Mentors from a variety of professions including medicine, law, education and business open their doors to these students.
 
Jhavid Harbut

Jhavid Harbut

Over the years, the Fayette Commonwealth's Attorney's Office has hosted hundreds of students, including Det. Shannon Garner of the Lexington Police Department.  This fall, we have enjoyed Kiara Lofton, Ebony Farris, Jhavid Harbut and John Tender.  They have seen first-hand all aspects of the job -- from a murder trial to mounds of paperwork.  Here's what they had to say about their internship:
 
Kiara and Ebony

Ebony Farris and Kiara Lofton, left to right.

Ebony Farris:  "It was a great experience to see attorneys present their cases in court as I prepare for a career in criminal justice."
 
Kiara Lofton:  "It was a great learning experience to see how the criminal justice system really works."
 
Jhavid Harbut:  "Interning for the Commonwealth's Attorney's Office has really helped my decision-making to a possible law career.  This experience has helped me to understand and appreciate the way our law system in and out of the courthouse really works.  During my experience, I observed a murder trial, recorded data for parole lists, watched motion hour, delivered important documents, and met many new people that have helped shape my decision for my future.
Meet Kentucky's Felony Prosecutors
Allen C. Trimble, Commonwealth's Attorney For McCreary and Whitley Counties
"Allen is one of the leaders of Kentucky's prosecutors.  His experience and wisdom benefit all of us," says Ray Larson.
 
Allen C. TrimbleAllen C. Trimble is the Commonwealth's Attorney for the 34th Judicial Circuit, consisting of McCreary and Whitley Counties.  He is a graduate of Eastern Kentucky University and the University of Kentucky College of Law.  Allen has been Commonwealth's Attorney for the 34th Circuit since 1988.  Prior to becoming Commonwealth's Attorney, he was in private practice.
 
Attorney General Conway presenting the award to Trimble.

Attorney General Conway presenting the award to Trimble.

Allen is a former President of the Whitley County Bar Association and is the current Vice-President of the Commonwealth's Attorney's Association.  He was recently presented the 2008 Outstanding Commonwealth's Attorney Award by Attorney General Jack Conway.  Allen is a former President of the Corbin Little League, and is also involved with various community organizations.
Recent Court Case 
Conviction Number 26 Returns Paroled Shoplifter To Prison
 
Gerard Sealy

Gerard Sealy

On July 27, 2008 retail security officers observed a shoplifter conceal approximately 25 razor blade cartridges, valued at over $650, in his sweatpants and leave their Tates Creek Centre store.  The suspect was detained and identified as Gerard Sealy, age 42.  Sealy was arrested and charged with Theft by Unlawful Taking.
 
Susan Bryson Speckert

Prosecutor Susan Bryson Speckert

Sealy was on parole for a similar felony offense, which involved his arrest in 2005 for shoplifting several hundred dollars worth of antacid pills, concealing them in his sweats, and walking out of a different store.  Lexington property crimes detectives advise that items like those stolen by Sealy are often bought by "merchants" operating in a less than legal fashion, and then resold below their fair value.  The loss is taken by the store from which the items were stolen, which results in higher prices for customers who follow the rules as well as lost tax revenue.
 
Criminal records show that Sealy has a total of 25 prior convictions, two of which are felonies, for shoplifting or theft-related offenses like cold checks, in addition to other misdemeanors including assault and possession of marijuana.  He has failed probation three times.  He pled guilty to his 26th theft related offense and was sentenced to serve 5 years, consecutive to the remaining time on his paroled sentence.
Death Row Inmate Of The Week

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

Robert Keith Woodall

Robert Keith Woodall
22 at the time
Male, White

Robert Keith Woodall abducted a popular 16-year-old high school cheerleader from a local convenience store where she went to rent a movie in Muhlenburg County in 1997.
 
Woodall
drove the victim to a lake where he proceeded to rape her.  He beat her and used a box-cutter knife to inflict cuts in the victim's throat.  The victim's windpipe was totally severed.  Her body was dragged and discarded into a lake.  Results of an autopsy revealed that water was found in her lungs and reports that she died as a result of drowning.
 
Woodall was sentenced to death on September 4, 1998. 
 
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.
Who Is On Home Incarceration In Lexington?
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, October 17, 2008 
3rd Division - Judge James Ishmael
BALLARD, Daryl Evan


Age:  44
 Ballard, Daryl
Sentenced to 12 months in jail for the prosecution's amended charge of 3rd degree Possession of a Controlled Substance, 1st Offense, probated 2 years.
EDWARDS, Carol Sue


Age:  37

Edwards, Carol 

Sentenced to 2 years in prison for Fraudulent Use of Credit Cards over $100 Within a 6 Month Period. Sent to prison.  Ordered to pay $210.87 in restitution.
ESPINO-FERNANDEZ, Jose Gerardo

Age:  30
 Espino-Fernandez, Jose
ILLEGAL ALIEN:  Sentenced to 1 year each in prison for 2 counts of 1st degree Criminal Possession of a Forged Instrument, 1st Offense, to run consecutively for a total of 2 years in prison, conditionally discharged 2 years.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED.
MADISON, Dan William III

 
Age:  29

Madison, Dan 

REPEAT OFFENDER:  Sentenced to 5 years in prison for the prosecution's amended charge of Possession of a Controlled Substance, 1st Offense, and status as a Persistent Felony Offender, 12 Months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run concurrently for a total of 5 years in prison.  Sent to prison.
SANFORD, Glenn Roderick

Age:  49
 Sanford, Glenn
Sentenced to 5 years in prison for 3rd degree Burglary.  Sent to prison. Ordered to pay $3,179 in restitution.
SIMPSON, Harry Wayne Jr.

Age:  23

Simpson, Harry 

Sentenced to 12 months in jail for the prosecution's amended charge of Unauthorized Use of a Motorized Vehicle, 12 months in jail for the prosecution's amended charge of 2nd degree Fleeing or Evading Police, 12 months each in jail for 2 counts of Carrying a Concealed Deadly Weapon, 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, and 90 days in jail for Operating on a Suspended/Revoked Operators License, to run concurrently for a total of 12 months in jail.  Sent to jail.
4th Division - Judge Pamela Goodwine
DIXON, Glenn Randall


Age:  43

 Dixon, Glenn

Sentenced to 12 months in jail for 4 counts of the prosecution's amended charge of 3rd degree Criminal Possession of a Forged Instrument, and 12 months in jail for Contempt of Court by Witness, Juror, Officer, to run concurrently for a total of 12 months in jail, probated 1 year.
GONZALEZ-BARON, Javier


Age:  22

Gonzalez-Baron, Javier 

ILLEGAL ALIEN:  Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance, 1st Offense and 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense, to run concurrently for a total of 1 years in prison, probated 1 year.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
HOWARD, Nicholas Andrew

Age:  30

Howard, Nicholas 

Sentenced to 5 years in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense, serve 6 months with credit,  probated 5 years.  Ordered to pay $1,375 in restitution. 
TAYLOR, Demarcus Jamale

Age:  22

 Taylor, Demarcus

Sentenced to 2 years in prison for the prosecution's amended charge of 1st degree Possession of a Controlled Substance, 1st Offense, 12 months in jail for the prosecution's amended charge of Trafficking in Marijuana Under 8 oz., 1st Offense, and 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run concurrently for a total of 2 years in prison, probated 5 years.
WATKINS, John Newell III


Age:  20

Watkins, John 

Sentenced to the prosecution's amended charge of Theft by Deception under $300, fined $350.
WILSON, Derrick Lamont

Age:  41

Wilson, Derrick 

Sentenced to 1 year each in prison for 3 counts of Flagrant Non Support, to run consecutively for a total of 3 years in prison, probated 5 years.
7th Division - Judge Ernesto Scorsone
BERTRAM, Seth Edward


Age:  27

Bertram, Seth 

Sentenced to 1 year in prison for Receiving Stolen Property, serve 5 weekends in jail,  probated 5 years.
GEORGE, Jackie Ray


Age:  32

George, Jackie 

Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance, 1st Offense, probated 5 years.
8th Division - Judge Thomas L. Clark
MAULDIN, Joshua Paul


Age:  30

Mauldin, Joshua 

Sentenced to 3 years in prison for Trafficking in Controlled Substance Within 1,000 Yards Of a School.  Sent to prison.
RUSSELL, Timothy Wayne

Age:  44

 Russell, Timothy

Sentenced to 2 years in prison for the prosecution's amended charge of Theft of Mislaid Property, probated 4 years.  Ordered to pay $83.52 in restitution.
SANFORD, Lloyd Riland


Age:  28

 Sanford, Lloyd

Sentenced to 4 years in prison for 1st degree Possession of a Controlled Substance, 1st Offense and 10 days in jail for Public Intoxication by Controlled Substances, to run concurrently for a total of 4 years in prison, probated 4 years.
 
9th Division - Judge Kimberly Bunnell
BARRICK, Shawndra Evelyn

Age:  38

 Barrick, Shawndra

Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance, 1st Offense, 1 year in prison for Use/Possession of Drug Paraphernalia, 2nd Offense, 12 months in jail for Failure of Owner to Maintain Required Insurance, 12 months in jail for Leaving Scene of Accident/Failure to Render Aid or Assistance, and 90 days in jail for Operating on a Suspended/Revoked Operators License, all prison time to run consecutively  and all jail time to run concurrently for a total of 2 years in prison,  probated 5 years.
CROWE, Marvin Darrell


Age:  36

Crowe, Marvin 

Sentenced to 12 months in jail for the prosecution's amended charge of 1st degree Criminal Trespassing,  probated 2 years.
EDENSTROM, Theodore Jennings II

Age:  28

 Edenstrom, Theodore

REPEAT OFFENDER:  Sentenced to 5 years in prison for Receiving Stolen Property Over $300 and status as a Persistent Felony Offender, serve 6 months in jail, probated 5 years.
HATTON, Thurston Elwood

Age:  41

Hatton, Thurston 

Sentenced to 1 year in prison for the prosecution's amended charge of 3rd degree Burglary.   Sent to prison.
JOHNSON, Davey


Age:  47

 Johnson, Davey

Sentenced to 2 years in prison for the prosecution's amended charge of 1st degree Wanton Endangerment, probated 5 years.
JOHNSON, Johnny Allen


Age:  28

Johnson, Johnny 

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property under $300, probated 2 years.
SANFORD, Lloyd Riland


Age:  28

Sanford, Lloyd 

Sentenced to 12 months in jail for the prosecution's amended charge of 1st degree Attempted Possession of a Controlled Substance, 1st Offense, 12 months in jail for Possession for Marijuana, and 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run consecutively for a total of 12 months in jail, probated 2 years.