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

Officer Don Evans
 Alcorn, James Charles
Holiday Fire Safety In The Home
 
Following these safety tips will help ensure a happy and safe holiday season for you and your family.
 
Trees:
 
Before you select a tree, perform the FRESHNESS TEST. Gently grab a branch of the tree, about six inches from the trunk of the tree, and pull outward on the branch. When your hand reaches the end of the branch, open it and check for needles. A fresh tree will have only a few needles or none in your hand. If there are several needles, look for a different tree;
 
Select the location for your Christmas tree carefully, keeping it away from fireplaces, heating vents, and other heat-producing appliances that may dry out the tree;
 
Mount the tree in a stand that holds water. Keep the water level above the cut;
 
Use tree lights that bear the Underwriters' Laboratory (U.L.) label;
 
Exercise care with extension cords. Use no more than three sets of lights per extension cord;
 
Check your smoke detectors.
 
Candles:
 
When using candles, make sure that they are at least a few feet away from any objects that can burn, such as drapes or curtains. Candles should only be used when someone is present;
 
Never leave candles burning if you leave home or go to sleep;
 
DO NOT BURN YOUR CHRISTMAS WRAPPING OR BOXES in your fireplace.
 
Smoke Detectors make great gifts, as do fire extinguishers.
Sheriff Kathy Witt

Sheriff Kathy Witt

    Fugitives Wanted by the Fayette County Sheriff's Office
 

WANTED

Marciana Santos

Marciano Vasquez Santos

Murder

DOB: 4/01/1979
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: #44 December/2008
SignatureWelcome to our E-Newsletter
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TOP STORIES
The Crime-Fighter's Fact-Checker 
Once again, death penalty opponent Patrick Delahanty misstates the facts.
Criminal Justice News & Views
Task Force formed to crack down on burglaries and thefts in Lexington.
Death Penalty News
Dining on Death Row - last meals of some condemned killers.
Last On American DA - LIVE
Prosecutor discusses the "forgotten" victims of executed killer Marco Chapman.
Marco Chapman Execution Aftermath
Media stories which focus on the victims - not the killer.
Crime & Courts NewsCenter
Top criminal justice stories from across America.
Recent Court Case 
"Doctor Shopper" receives probation.  Drug seeker's bogus stories don't add up.
"Wanted Fugitive" Update
Wanted fugitive apprehended. 
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.
The Crime-Fighter's Fact Checker
ClueOnce Again, Death Penalty Opponent Patrick Delahanty Misstates The Facts 
 
Rev. Patrick Delahanty

Rev. Patrick Delahanty

In his latest diatribe in opposition to Kentucky's death penalty, Patrick Delahanty, Chairman of the Kentucky Coalition to Abolish the Death Penalty, misstates and misrepresents the facts of a case which took place in Whitley County.
 
The case:  Commonwealth v. Larry Osborne
Larry Osborne was accused of brutally murdering an elderly couple and burning their home.  He was tried and sentenced to death.  The case was reversed by the Kentucky Supreme Court and Osborne was tried again.  This time evidence was excluded and the jury didn't believe that there was sufficient evidence to convict and acquitted him.
 
Delahanty now claims that Osborne was found "innocent" by a jury on the retrial, and uses Osborne as an example of how an "innocent person" can be sentenced to death.
 
INNOCENT!?! - INNOCENT!?!  Maybe Delahanty should know the facts of this awful murder, before he pontificates.
   
The Fact Finder asked Commonwealth's Attorney Allen Trimble, the prosecutor of Osborne, about the facts and Delahanty's claim that Osborne was "innocent."  Here is what Allen Trimble said: 
 
Allen C. Trimble

Allen Trimble

The Lexington Herald-Leader recently published a column by Rev. Patrick Delahanty voicing, once again, his opposition to the death penalty.  Certainly Rev. Delahanty has the right to express his opinion, but what disturbs me is the fact that he intentionally misstates and misrepresents the facts of the Larry Osborne case to justify his anti-death penalty position.

What Rev. Delahanty fails to mention is that at the time Larry Osborne was indicted, a young witness who accompanied Osborne on the evening of his murderous spree testified before the Grand Jury and gave a full and complete account of the events of the evening.  His account described how Osborne killed the elderly victims and burned their home.
 
Unfortunately, between the time of the indictment of Osborne and the trial, this young witness mysteriously drowned.  (His testimony could not be used against Osborne during the second trial).  At the time his family believed that his death was related to his cooperation with authorities.
 
For Rev. Delahanty to state that Osborne was found "innocent" is far from the truth.
 
To use the Osborne case as an example to support the anti-death penalty cause demonstrates how far death penalty opponents must reach to justify their position.  It is truly frustrating to read such misinformation presented as fact.
 
Allen Trimble, Whitley County Commonwealth's Attorney
 
Editor's comment:  So, there you have it.  As for Delahanty's misstatement and misrepresentation, we can only assume that for him and his cause, the ends justify the means.
Criminal Justice News & Views

Task Force Formed To Crack Down On Burglaries & Thefts In Lexington

 
Theft Task Force

From left, Police Chief Ronnie Bastin, Mayor Jim Newberry, Sheriff Kathy Witt and Commonwealth's Attorney Ray Larson.  Photo Source:  www.lfucg.com 

Burglaries and thefts from cars have increased dramatically in the past 3 1/2 months in Lexington.
 
To combat this trend, the Lexington Police, Fayette County Sheriff and Commonwealth's Attorney have joined forces to crack down on the criminals who commit these crimes.
 
"We know two things about repeat offenders - when they are on the street, they commit crimes, and when they are incarcerated, they don't!"

Ray Larson, Fayette Commonwealth's Attorney

                                               
The creation of the 12 person Task-Force was recently announced by Mayor Jim Newberry, Chief Ronnie Bastin, Sheriff Kathy Witt and Commonwealth's Attorney Ray Larson.
 

From WKTY.com, November 17, 2008 (click on picture for the article and story):

Theft Task Force

The Task Force is made up of Lexington Police and Fayette County Deputy Sheriffs and cases are reviewed by prosecutors from the Fayette Commonwealth's Attorneys Office.
 
So far, 127 people have been arrested and $56,000 in stolen property has been recovered.
 
"Rather than simply reacting to crimes, we, in Lexington, have chosen to be proactive and aggressively pursue these criminals who prey on our citizens," said Ray Larson, Fayette Commonwealth's Attorney.
 
Death Penalty News
Dining On Death Row 
Last meals of some condemned killers.
 
Inmate MealsIf you were on death row what would be your last meal?  Think about it.  It's not as simple a question as it appears.  Your first instinct might be to pick your favorite food.  But maybe you might select your most meaningful food, such as the first meal your wife made you, or one of your mom's memory-laden classics.  Or maybe your desolation and bitterness would leave you so resigned that you would forgo a final feast.
 
As morbid as it seems there exists great fascination about the last meals of condemned prisoners, especially the famous ones.
 
Today, most governments provide a last meal to those who are sentenced to death.  In the United States, the actual parameters of the last meal vary from state to state.  Naturally there are limitations on the requests.  Texas limits the meals to food that can be made within the prison.  Florida imposes a twenty dollar price limit.  Some states will allow take out from pizza parlors or other popular restaurants.  Maryland does not offer its inmates a special last meal.
 
So what are some famous last meals?
 
Ted Bundy, the notorious serial killer and necrophiliac, dined on steak, eggs, hash browns and coffee;

John Wayne Gacy, another depraved serial murderer chose fried chicken, fried shrimp, french fries and strawberries;

Velma Barfield, the famous female arsenic killer, asked for a bag of Cheez Doodles and a Coke;

Aileen Wuornos, another infamous female killer who took the lives of seven men, declined a last meal;

Timothy McVeigh,the Oklahoma City bomber, received ice cream;

Victor Feguer, who kidnapped a doctor and killed him, asked for a single olive;

Adolf Eichman, the notorious Nazi, in what could only be considered sadistic and twisted, requested an Israeli wine;

Robert Alton Harris, California murderer, desired Kentucky Fried Chicken and Domino's pizza;

Joan of Arc asked for Holy Communion.

  
Last On American DA - LIVE
Prosecutor Discusses The "Forgotten" Victims Of Executed Killer Marco Chapman
         
Marco Allen Chapman

Marco Allen Chapman (AP Photo)

We all know that Marco Chapman was executed recently.  And we know what he had to eat for breakfast on his last day.  We know a lot about him because, as usual, the media spends almost all of their energy talking about these killers on Death Rows. 
 

Linda Tally Smith

Prosecutor Linda Tally Smith

 
Linda Tally Smith, the Commonwealth's Attorney for the 54th Judicial Circuit, was the prosecutor of Chapman.  More importantly, as a prosecutor, Linda got to know the family of the 6 and 7-year-old children who were viciously murdered.  Her admiration for the strength of Carolyn Marksberry and her family is heart wrenching.
 
Listen to Linda discuss the case and especially the brutality of the condemned killer on the latest American DA - LIVE.
 
Click here to listen to the program (will take a few minutes to load).
Marco Chapman Execution Aftermath
Media Stories Which Focus On The Victims - Not The Killer
  
Marco Chapman's victims Marco Chapman's victims

Marco Chapman's victims

 
Louisville Courier-Journal Columnist Gets It Right
It's about the victims, not the killer.
"I keep wondering:  What must it have been like for those two innocent children back in 2002 when Marco Chapman began cutting their throats."  Finally someone in the old-media gets it.  Byron Crawford's column looks at the monstrous murders of a 6 and 7-year-old from a grandfather and victim's point of view.
http://www.courierjournal.com/article/20081123/COLUMNISTS04/ 811230574/1008/NEWS01
 
Statement From The Family Of The Victims
Carolyn Marksberry
, mother of the two murdered children, asks that any tears should be for her murdered children, not the killer. We agree!
Statement Of The Prosecutor Of Chapman
Commonwealth's Attorney Linda Tally Smith's straight talk about the crime, the victims and the murderer gets right to the point.
 
Killer Of Children Ages 6 And 7 Executed
The Lexington Herald-Leader's account of Chapman's execution, mostly about the killer.
Marco Chapman's Handwritten Note
More of the same from the Lexington Herald-Leader.
Chapman woke early and ate a big breakfast
Still more of the killer-focused reporting from the Lexington Herald-Leader.
Crime & Courts NewsCenter
 
Poor Economy = High Crime Is An "American Myth"
There was very little crime during the Depression years. However, some crimes may increase:  domestic violence, alcohol-related crime, identity theft, taking advantage of senior citizens, to name a few.
 
Illegal Cell Phones In America's Prisons A Problem
Inmates using smuggled cell phones threaten victims, conduct drug deals, plot escapes, and seek legal help.
 
The Most Dangerous Cities In America
Where does your city rank in the list of the Top 385 Crime Cities?  Louisville - #135; Lexington - #198
http://os.cqpress.com/citycrime/CityCrime2008_Rank_Rev.pdf 
 
The Lexington Herald-Leader's Report Of What The Kentucky Criminal Justice Council Recommended
 
In England, 25% Of Sex Offenders Just Given A Warning!
"Soft punishments let offenders think they can get away with their crimes."  No kidding!
Recent Court Case 
"Doctor Shopper" Receives Probation
Drug seeker's bogus stories don't add up.
 
Sarah Collett

Sarah Collett

In August of 2007, police responded to an injury complaint on Clays Mill Road.  Patrol officers located Sarah Collett, age 55, who claimed to have been pushed out of a moving vehicle.  The officers noted she had no injuries or damage to her clothing, and further investigation revealed that Collett and another individual had been at an area hospital demanding prescriptions for painkillers.  When their demands were refused, due to multiple prescriptions being filled for them recently, they became disruptive and left the hospital.  Collett was cited and released.
 
Prosecutor Lori Boling

Prosecutor Lori Boling

In early July of 2008, Lexington police were summoned to another area hospital regarding a suspect who was displaying "drug seeking" behavior, and again met Ms. Collett.  She was again trying to obtain a prescription for painkillers, and denied having sought any other medical treatment.  Investigation showed that Collett had been treated at other area hospitals and had a current prescription for pain medication.  Collett, who was a fugitive from her earlier charge, was arrested and transported to the Fayette County Detention Center.
 
Criminal records show that Collett has 11 prior convictions, including Public Intoxication, DUI, Giving a Police Officer a False Name, Theft, Possession of Controlled Substances, and Attempted Prescription Fraud.  She pled guilty to two counts of Attempting to Obtain Controlled Substances by Fraud and was sentenced to two years, probated for five years.
"Wanted Fugitive" Update
Wanted Fugitive Apprehended
 
Sheriff Kathy Witt

Sheriff Kathy Witt

Deandrae McCray

Deandrae McCray

On November 14, 2008, Deandrae McCray, wanted for Robbery 1st degree, was apprehended by the Lexington Police Department.

When fugitives wanted by the Fayette County Sheriff's Office are apprehended, a red "APPREHENDED" designation will be placed across his or her photograph.  Click here to see who is wanted by the Fayette County Sheriff's Office.
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
Wednesday, November 26, 2008 & Friday, December 5, 2008
 
3rd Division - Judge James Ishmael
FRENCH, Shannon Denise

Age:  34
No Picture
Sentenced to 3 years in prison for False Statement or Misrepresentation to Receive Benefits >$100, diverted 5 years.  Ordered to pay $1,222.73
GRAGSTON, Anthony Dewayne

Age:  24

 Gragston, Anthony Dewayne

REPEAT OFFENDER:  Sentenced to 5 years in prison for 1st degree Possession of a Controlled Substance, 1st Offense, and status as a Persistent Felony Offender, 12 months in jail for 2nd degree Fleeing or Evading Police, and 12 months in jail for Resisting Arrest, and, in a separate case,  sentenced to 1 year in prison for the prosecution's amended charge of Possession of a Controlled Substance, 1st Offense, to run consecutive for a total of 6 years in prison.  Sent to prison.
JOHNSON, Michael Wayne

Age:  45

Johnson, Michael W. 

REPEAT OFFENDER:  Sentenced to 5 years in prison for Flagrant Non Support and status as a Persistent Felony Offender, probated 5 years.  Ordered to pay $27,032.15 in arrearage.
MULLINS, Bryan Stephen

 
Age:  18

Mullins, Bryan Stephen 

Sentenced to 7 years in prison for the prosecution's amended charge of 2nd degree Complicity Robbery.  Sent to prison.
TOLSON, Tyler Norris


Age:  22

Tolson, Tyler Norris 

Sentenced to1 year in prison for Fraudulent Use of Credit Cards Over $100 within a 6-Month Period, probated 3 years.  Ordered to pay $650.50 in restitution.
 
3rd Division - Judge James Ishmael
MCCREADY, Alan Richard


Age:  34

 McCready, Alan Richard

ILLEGAL ALIEN:  Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, conditionally discharged IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
PAYNES, Jessie Lee


Age:  26

Paynes, Jessie Lee 

Sentenced to 12 months in jail for the prosecution's amended charge of 1st degree Criminal Trespassing, probated 2 years.
STONE, Kristina Joy


Age:  28

Stone, Kristina Joy 

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Criminal Attempt Criminal Possession of a Forged Instrument, probated 2 years.  Ordered to pay $560 in restitution.
 
4th Division - Judge Pamela Goodwine
ARDUZ, Hugo Enrique


Age:  37

Arduz, Hugo Enrique 

Sentenced to 10 years in prison for Use of a Minor under 16 in a Sex Performance, 1 year in prison for the prosecution's amended charge of Possession of Matter Portraying a Minor in a Sex Performance, and 5 years in prison for 3rd degree Sodomy, 2 1/2 years to run consecutive for a total of 12 1/2 years in prison.  Sent to prison.
KIMMEL, Crystal Michelle

Age:  27

Kimmel, Crystal Michelle 

Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, probated 3 years.  Ordered to pay $1,708.24 in restitution.
KIRBY, Janie Renee


Age:  33

 Kirby, Hanie Renee

Sentenced to 1 year each in prison for 2 counts of 1st degree Attempt/Obtain a Controlled Substance, to run consecutively for a total of 2 years in prison, probated 4 years.
ROBERTS, Kakilya Lasha


Age:  23

Roberts, Kakilya Lasha 

Sentenced to 5 years in prison for the prosecution's amended charge of 1st degree Possession of a Controlled Substance, 1st Offense, and status as a Persistent Felony Offender, probated 5 years.
7th Division - Judge Ernesto Scorsone
LEHMANN, Samantha B.


Age:  20

Lehmann, Samantha Brooke 

Sentenced to 1 year in prison for the prosecution's amended charge of Possession of a Controlled Substance, and 90 days in jail for the prosecution's amended charge of Possession of Marijuana, serve 30 days, probated 3 years.
MCMULLEN, Michael Lamont

Age:  37
No Picture
Sentenced to 4 years in prison for Flagrant Non Support, probated 5 years.
PENMAN, Joquia Lache


Age:  18

Penman, Joquia Lache 

Sentenced to 3 years in prison for 1st degree Possession of a Controlled Substance, 1st Offense, diverted 5 years.
ROBERTS, Richard Todd


Age:  29

Roberts, Richard Todd 

Sentenced to 4 years in prison for 1st degree Wanton Endangerment, 12 months in jail for the prosecution's amended charge of  2nd degree Fleeing or Evading the Police, 30 days in jail and a $350 fine for Operating a Motor Vehicle under the Influence of Alcohol/Drugs, 1st Offense, 12 months in jail for Leaving the Scene of an Accident/Failure to Render Aid or Assistance, and 90 days in jail for Operating on a Suspended, to run concurrently for a total of 4 years in prison.  Sent to prison. 
WADE, Larry Nelson


Age:  61

Wade, Larry Nelson 

Sentenced to 5 years in prison for 1st degree Trafficking in a Controlled Substance, 1st Offense, serve 6 months, probated 5 years.
 
8th Division - Judge Thomas L. Clark
POLANCO, Jesse Tony III


Age:  27

 Polanco, Jesse Tony III

Sentenced to 8 years each in prison for 2 counts of the prosecution's amended charge of 2nd degree Robbery, and 1 year in prison for 1st degree Wanton Endangerment, the 8 year sentences are to run consecutive and the 1 year sentence is to run concurrent for a total of 16 years in prison.  Sent to prison.
RIOS, Yarelis



Age:  22

Rios, Yarelys 

Sentenced to 3 years for in prison for 2nd degree Criminal Possession of a Forged Instrument, and 1 year each for 2 counts of 2nd degree Criminal Possession of a Forged Instrument,to run consecutive for a total of 5 years in prison,  probated 5 years.  Ordered to pay $7, 446.42 in restitution.
9th Division - Judge Kimberly Bunnell
ALCORN, James Charles

 
Age:  33

Alcorn, James Charles 

Sentenced to 1 year in prison for 4th degree Enhancement Assault  Domestic Violence, 12 months each in jail for 2 counts of Violation of Kentucky E.P.O./D.V.O., to run concurrently for a total of 1 year in prison. Sent to prison. Ordered to pay $5,042.13 in restitution.
CARRIER, Jeffery Allen


Age:  47

 Carrier, Jeffery A.

Sentenced to 5 years in prison for 2nd degree Burglary, serve 6 months, probated 5 years.  Ordered to pay $100 in restitution.
CARTER,  Daniel Lee


Age:  25

Carter, Daniel Lee 

Sentenced to 12 months in jail for the prosecution's amended charge of Theft of Mislaid Property under $300.  Time served.
COOK, Phyllis Kay


Age:  61

Cook, Phyllis K. 

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking under $300, probated 2 years.
HERNANDEZ, Jesus Gilberto


Age:  22

 Hernandez, Jesus Gilberto

ILLEGAL ALIEN:  Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument and 90 days in jail for No Operators License, probated 1 year.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED  
RANKIN, Lisa Dawn


Age:  36

Rankin, Lisa Dawn 

Sentenced to 1 year in prison for Fraudulent Use of Credit Cards over $100 within a 6-Month Period, serve 30 days, probated 5 years.  Ordered to pay $688.77 in restitution.
VALENTINE, Marlowe William

Age:  38

 Valentine, Marlowe William

Sentenced to 10 years in prison for the prosecution's amended charge of 1st degree Manslaughter.  Sent to prison.