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Officer Don's Crime/Safety Prevention Tip

Officer Don Evans 
Swimming Pool
Safety Tips
 
Drowning is one of the major causes of accidents resulting in serious injury and death in children. Accidents in the swimming pool can happen very suddenly without warning. It is very important that all parents follow these basic safety precautions, especially if there is a swimming pool at home.

Never allow your youngster to swim alone without any adult supervision. It is quite common to develop a cramp underwater, or for accidents like hitting your head while diving to occur. It is paramount that there should be persons around to help in such situations.

Do not allow children with no knowledge of swimming in or around the pool. For good pool safety make sure that all kids above the age of 4 attend a certified swimming class, or at least learn basic flotation techniques and life saving techniques in case of accidents. Children younger than 4 should always be accompanied by an adult in the pool.

Enclose your pool with high fences, which can be locked. Do not leave the pool open and accessible since children can fall inside. Keep your pool safe, and keep your kids away from the poolside.

Avoid leaving your kids alone even with small portable pools or water bodies like buckets, fountains, and barrels. There is always a danger of drowning occurring even in small bodies of water.

In case of a backyard swimming pool, make sure that the cover of the pool is completely lifted over the pool. Do not partially open the pool. Also make sure that your child does not walk over the pool cover.

Spas and Hot Tubs must also be avoided, especially in the case of younger children who are susceptible to overheating.

For good pool safety, make sure that there is always a life saving flotation device handy near the pool. Also, every parent should be knowledgeable in basic CPR techniques in case of any accident.
 
Last, but not least, to ensure swimming pool safety, be observant. Watch what your kids are up to, and supervise their activities. Do not leave them alone.
 
Sheriff Kathy Witt

Sheriff Kathy Witt

    Fugitives Wanted by the Fayette County Sheriff's Office
 

WANTED

Lawrence Lucas

Lawrence Wolford Lucas

Burglary 2nd

DOB: 11/29/1984
Race:  White
Sex:  Male
Height: 6'1"
Weight: 150
Hair:  Brown
Eyes: Green
 
Click here to see who is wanted by the Fayette County Sheriff's Office.
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Issue: #53 July/2009
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TOP STORIES
 
Straight Talk From Ray the D.A.
 
Repeat Offenders:  These are the criminals we have to stop. 
American D.A. - LIVE
Criminal justice issues with Josh Marquis, the Clatsop County, Oregon District Attorney.
In Touch
The Body Parts Case.
Straight Talk From Ray the D.A.
What in the world is going on "Inside The Criminal Mind?"
Recent Court Case
"Soccer Moms" arrested in burglary spree - family and friends victimized.
Intern '09 Reality Series
The eleventh in a series of roundtable discussions with the summer interns about their experiences - "Cold Case."
Intern '09 Reality Series
The twelfth in a series of roundtable discussions with the summer interns about their experiences - "Internet Cases."
Intern '09 Reality Series
The thirteenth in a series of roundtable discussions with the summer interns about their experiences - "Senior Intern Luncheon."
Intern '09 Reality Series
Episode #5 - A Police Walk-Through: An Investigation Of The Crime Scene
Intern '09 Reality Series
Episode #6 - Fighting Crime In The Streets
Intern '09 Reality Series
Episode #8 - A Day With A Detective
Intern '09 Reality Series
Episode #9 - Video Arraignments: Defendant's First Appearance in Circuit Court
Intern '09 Reality Series 
Episode #10 - To Search Or Not To Search, Gant Is The Question
Intern '09 Reality Series
Episode #11 - Morning Meeting: Case Reviews
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.
Recent Circuit Court Sentencings
Who went to prison and who was probated.
Straight Talk From Ray the D.A.

Straight Talk from Ray the D.A.

Repeat Offenders:  These Are The Criminals We Have To Stop 
 
Repeat OffendersWe know two things about these predatory repeat offenders:
 
1.  When they are on our streets they commit crime after crime, and
 
2.  When they are incarcerated they DON'T!

Nothing causes the public to lose confidence in the criminal justice system faster than:
        Seeing crimes committed but not solved; or
        Seeing criminals caught but not convicted; or
        Seeing criminals caught and convicted but not punished.

To our citizens the message is clear - CRIME PAYS!

1st Offenders in Kentucky:
In Kentucky, 1st time offenders are rarely sent to prison. In fact most are probated and put right back on our streets. Kentucky's sentencing laws practically require probation for 1st time offenders.

Judges give these law-breakers rules that they must comply with in order to remain free. Most are required to participate in drug treatment and testing, and any number of other improvement programs.

If they violate those rules of probation, theoretically their probation will be revoked and they will be sent to prison. Most of the time however, they are given a stern lecture by the judge and simply placed back on probation, and back onto our streets they go.

Repeat Offenders in Kentucky:
Kentucky's Legislature passed the Persistent Felony Offender (PFO) laws back in 1976. These laws increase punishment for criminals who commit multiple felonies. The reason for this increased punishment for these repeat offenders is obvious: study after study has revealed that a small percentage of the criminals commit the vast majority of the crime.

Putting chronic offenders in prison for maximum sentences, especially for second and third convictions, is the most effective way to reduce violent crime. Moreover, the public is entitled to be protected from these characters who insist on committing crime after crime. Repeat felony offenders are precisely the characters who should be in prison.

Just in Fayette County, the statistics from 1996 through 2008 reveal just how prolific these repeat offenders are.

Total Repeat Offenders 3,183
Total Prior Criminal Convictions
(Felonies and Misdemeanors)
45,297
Average Criminal Convictions 13.8 each
Conviction Rate 97.9%
Average Sentence 7.4 years
American D.A. - LIVE

American DA - LIVE

Criminal Justice Issues
 
Prosecutor Josh Marquis

Prosecutor Josh Marquis

Josh Marquis, the Clatsop County, Oregon District Attorney, made his 5th appearance on American DA - LIVE on Friday, July 3, 2009.  Josh is a nationally recognized spokesman for America's prosecutors. He appears regularly on nationally broadcast television and radio programs to discuss criminal justice issues.

Listen as Josh discusses these same criminal justice issues with host Scott Johnson and Fayette Commonwealth's Attorney Ray Larson on NewsTalk 590 WVLK.

In Touch

In Touch

The Body Parts Case
 
Michael Mastromarino & Lee Cruceta

Michael Mastromarino & Lee Cruceta

Between February 2004 to 2005, Michael Mastromarino, the owner of Biomedical Tissue Services of Fort Lee, New Jersey, was involved in a plot with funeral home directors that accepted money in exchange for ignoring obviously forged death certificates and consent forms. The victims included families of the deceased whose body parts were illegally taken, as well as individuals who had been implanted with tissues. One tissue distributor estimated that about 8,000 people received tissue from the cadavers.
 
Mastromarino pled guilty to hundreds of charges of Body Stealing, Forgery, Grand Larceny and Enterprise Corruption and was sentenced to between 18 and 54 years in prison.  Lee Cruceta, a former nurse who allegedly ran the body "cutting crew," pled guilty to his wrongdoings and agreed to a deal that resulted in a sentence of between 8 and 25 years in prison.
 
Click on the image to view this episode of In Touch with Officer Don Evans and Fayette Commonwealth's Attorney Ray Larson as they discuss the details of this disturbing and gruesome case.
 
Body Parts Case
Straight Talk From Ray The D.A.

Straight Talk from Ray the D.A.

What In The World Is Going On "Inside The Criminal Mind?"
 
Inside the Criminal MindWhy does a small percentage of criminals continue to commit such a large percentage of the crimes? Normal citizens always ask, why can't they just learn? Can't they be rehabilitated?
 
Here's the problem. Criminals just don't think like non-criminals.
 
That's what Robert James Bidinitto writes in his chapter Restoring Responsibility contained in the book entitled Criminal Justice? The Legal System vs. Individual Responsibility.
 
"A Colorado study found that, even at an early age, future delinquents:
 
Have less regard for the rights and feelings of their peers;
 
Have less awareness of the need to accept responsibility for their obligations;
 
Have a poorer attitude toward authority;
 
Fail to understand the need for rules and regulations in any well-ordered social group;
 
Are less likely than their non-delinquent peers to be dependable, friendly, considerate and fair."
 
Stanton E. Samenow, a clinical psychologist and pioneer in the study of criminal psychology,  describes the criminal mind as follows:
 
"Despite a multitude of differences in their backgrounds and crime patterns, criminals are alike in one way:  how they think.
 
...All regard the world as a chessboard over which they have total control, and they perceive people as pawns to be pushed around at will.
 
Trust, love, loyalty and teamwork are incompatible with their way of life.
 
They scorn and exploit most people who are kind, trusting, working, and honest."
 
"Among common characteristics of the criminal and the psychopath:
 
A short-range, self indulgent outlook on life;
 
A lack of any sense of self-responsibility; the desire to manipulate and dominate others through chronic deception and force; and
 
The ability to shut off his conscience at will."
 
If the criminal justice system does not hold convicted criminals responsible for the crimes they commit, and simply gives them lots of 2nd chances, it plays right into the beliefs of criminals that they do not need to be responsible for their illegal behavior.
 
Rehabilitation begins with the understanding that behavior was wrong, and there are consequences for breaking the law. How can we ever expect criminals to accept the responsibility for their criminal acts if, after they are caught, our system simply tells them to basically go and sin no more?
Recent Court Case 
"Soccer Moms" Arrested In Burglary Spree - Family And Friends Victimized
 
Defendants Melissa Collis & Teresa Manley

Defendants Melissa Collis & Teresa Manley

In August and September of 2008, several residents of neighborhoods in the Hunting Hills area of Lexington, near the Jacobson Reservoir, reported burglaries to their homes.  Items reported to have been stolen included jewelry, electronics, prescription medications, and credit cards.  Police observed no signs of forced entry.  In early October, the victims' credit cards began to be used at area merchants.  Investigators were able to observe security video and identify the suspect using the credit cards as Melissa Collis, age 40.
 
Collis was arrested, Mirandized, and initially told detectives that she had found the credit card in a bag with some other property near a trash can at the gas station where it was used.  She later admitted to committing the burglaries with Teresa Manley, age 44.  When interviewed, Manley confessed as well and told investigators that she acted as lookout while Collis entered the residences to steal the property which they both sold to area pawnshops and secondhand stores.  Both suspects live in the same general area of the community as their victims.
 
Prosecutor Lou Anna Red Corn

Prosecutor Lou Anna Red Corn

It became apparent that the victims in this case were all friends or relatives of the two suspects.  Some of the victims were family members who knew the children of the suspects through various activities including soccer teams. Investigation revealed that, based on these relationships, Collis and Manley were familiar with the security arrangements at the home they broke into and knew when the victims would not be home.
 
Criminal records show no history for Collis and one prior misdemeanor conviction for Possession of a Controlled Substance for Manley.  Both defendants pled guilty to several charges of Burglary, Theft, and Criminal Trespass.  Collis was sentenced to serve five years in prison, and Manley was sentenced to seven years, probated for five years, and directed to serve four months in the county jail.  Restitution was set in the amount of $2,150.
Intern '09 Reality Series
Summer Interns '09
The Eleventh In A Series Of Roundtable Discussions With The Summer Interns About Their Experiences - "Cold Case"
 
Click on the image to view the video:
 
Intern Roundtable 11 
Intern '09 Reality Series
Summer Interns '09
The Twelfth In A Series Of Roundtable Discussions With The Summer Interns About Their Experiences - "Internet Cases"
 
Click on the image to view the video:
 
Intern Roundtable 12 
 
Intern '09 Reality Series
Summer Interns '09
The Thirteenth In A Series Of Roundtable Discussions With The Summer Interns About Their Experiences - "Senior Intern Luncheon"
 
Click on the image to view the video:
 
 Intern Roundtable #13
 
Intern '09 Reality Series
 American DA - LIVE
Episode #5 - A Police Walk-Through: An Investigation Of The Crime Scene
 
Ally MosesBy Intern Ally Moses 
 
On May 20, 2009, after reviewing the case, Rebecca, David and I drove to a police walk-through where we got to see the exact locations of a crime scene. Even though detectives and several police officers already investigated the location, it was important to return to the scene and review the sequence of events one last time. In this specific case, Officer Whitcomb was shot in the back while chasing two suspicious men through a field. 
 
Lou Anna, David and Ally discuss the crime scene with Officer Whitcomb.

Lou Anna, David and Ally discuss the crime scene with Officer Whitcomb.

The detectives assigned to the case, as well as Officer Whitcomb, explained the facts and location of the investigation beginning in the parking lot and we eventually ended in the field where Officer Whitcomb was shot. While we were investigating the field, a witness of the shooting showed up and pointed out an undiscovered bullet hole that could possibly be important to the case. We talked with the witness until the detectives realized the bullet hole was unrelated to the crime scene. Right before we left, Rebecca, David and I got to question the detectives regarding their jobs and just exactly what they entail. The police walk-through was an eye-opening experience and definitely quite different from what I expected.

Rebecca WichardRebecca's Comments:  "I was really looking forward to going back to the scene of the crime with Assistant Commonwealth's Attorney Lou Anna Red Corn, the detectives, and Officer Whitcomb. Before today, I really didn't consider how helpful it would be to revisit the scene, but, after spending the morning with everyone I realized how helpful it was. Officer Whitcomb was able to go back and almost relive his experience and share it directly with Lou Anna and the detectives."

David StartsmanDavid's Comments: 
"It seemed very helpful to physically go to the area where the incident took place. You can only learn so much from reading about the case, but it was brought to life by walking through the crime scene and investigating the area."
Intern '09 Reality Series
American DA - LIVE 
Episode #6 - Fighting Crime In The Streets
 
Jon StromBy Intern Jon Strom
 
When Assistant Commonwealth's Attorney Erin Hayne informed me during my interview with the Commonwealth's Attorney's Office that I would have the opportunity to ride along with the Lexington Police Department, I knew this would be one of the highlights of my summer. I imagined myself chasing after bad guys down dark alleys, busting into crack houses with guns blazing, or racing down the streets of Lexington with the siren blaring. My family has a long history in law enforcement, and I looked forward to the chance to see what my grandfather and uncles had spent so many years doing.

On Friday afternoon, we arrived at the Police Headquarters to ride along with a shift that ran from 4 p.m. until 2 a.m. All of the interns were extremely excited, as well as a little nervous. We thought that the Friday night before a holiday weekend would result in lots of arrests and some interesting action. The officer I rode with, Officer Eden, informed me that the previous few nights had left them extremely busy and he expected us to have an active night.

First we sat through roll call, where the officers check in with the station and are informed of crime trends and suspects on the loose. After roll call ended, the Lieutenant in charge told us which officers we were assigned to and off we went.

The city of Lexington is divided into three sectors:  East, Central and West. Each sector is further divided into beats and each beat has three shifts. David, Lindsay, Michele, Ramsey, and I were assigned to East sector. Officer Eden was given the call sign of 321-C, which indicated that he was in the East Sector (3), on the Second Shift riding beat 1-C. We got into the cruiser and before the officer could even fully inform me of what to do in dangerous situations, we received a call for a domestic disturbance.

I learned some very interesting things that night about police work and was able to experience an average night protecting the streets of Lexington, however, as a whole, it was relatively quiet. One of the highlights of my night was getting the chance to race down Tates Creek Road with the lights and siren blaring on our way to a call for a burglary in progress. Too bad when we got there it was just a man who got locked out of his house and had to go in through the window. I also enjoyed running off a suspected prostitute and a client we found in the back of Veterans Park late at night.

My fellow interns also had some unique experiences. Rebecca Wichard said the most memorable part of her ride-along came at the end, "On our last stop, my officer and I pulled someone over for a possible DUI, and then found out that the car he was driving was reported stolen! Talk about exciting!" Michelle Hooper's favorite part was when she got to respond to a road rage altercation in Hamburg. Pete Maskow had a truly unique experience: "The most exciting point in the night came when I had a chance to pursue one of the suspects in a foot chase with the officer. Unfortunately, the suspect ran through several breezeways and was able to evade capture."

All-in-all, the ride-along was a great experience for all of the interns. We spent all weekend telling our friends about it and comparing stories with the other interns. I can confidently say that we all have a much greater appreciation for the dedication and work ethic of the Lexington Police Department. As you can see from some of the comment below, many of us learned a lot about both the ins-and-outs of police work, as well as what it takes to be a police officer.
 
Peter MaskowPeter's Comments:  "Overall, I was very impressed with how the officers handled themselves throughout the evening. The officers were always respectful of everyone we came across, regardless of the reason for the encounter. They set an example of how to conduct oneself, and made me realize the extent to which officers constantly bear in mind the safety of the community first."
 
Lindsay BishopLindsay's Comments:  "The police ride-along really opened my eyes to the crime in Lexington. What surprised me the most, was the lack of parental supervision of so many children - some as young as 5, and as late as midnight. We started the night with a domestic dispute call. The officer told me that domestic disputes were his scariest calls to respond to because with emotions running so high, anything can happen. Overall, I had a great time on the police ride-along and I have great respect for Lexington's police officers.
 
Joy LeksrisawatJoy's Comments:  "My favorite encounters of the night were stopping for disorderly conduct calls or domestic dispute calls. I found that everyone wants to tell their side of the story and just how different each person's version of the story is. I had such a great time, and it gave me an even greater appreciation for our police force."
 
Betsy BenjaminBetsy's Comments:  "I was impressed with how much the officer knew about the area and the people in his beat. Immediately when we arrived in the neighborhood, we made a traffic stop where the officer issued the driver a citation for driving on a suspended license. We made a few more traffic stops, responded to two calls to break up fights, and ended the night by taking a drunk driver to jail. Overall, the ride-along was an exciting, hands-on learning experience, and I gained knowledge of the criminal justice system that I could not have learned anywhere else."

Rebecca WichardRebecca's Comments:  "I was really looking forward to my ride-along with a police officer and had no idea that the night would turn out to be such a unique experience! It was really interesting to be directly involved watching traffic stops, responding to domestic calls, and trying to intercept drug deals in high crime areas. But the most memorable part of my ride-along was at the very end of the night. On our last stop, my officer and I pulled someone over for a possible DUI, and then found out that the car he was driving was reported stolen! Talk about exciting!"
 
Natasha CamenischNatasha's Comments:  "My ride-along experience was quite exciting! From the beginning of the day until the end there was never a dull moment. We spent our shift giving traffic tickets, discovering people who had outstanding warrants, and responding to complaints in the neighborhood. It was very interesting to see how the police department plays such an integral part in the criminal justice system."

Michelle HooperMichelle's Comments:  "The ride-along was a very enjoyable experience. It was interesting to learn the signals and codes that were dispatched throughout the night. The most exciting part of the night was responding to a road rage altercation in Hamburg. I was impressed with the respect that Officer Delimpo gave to all the complainants even when their complaint was not incredibly serious. I would enjoy doing more ride-alongs in the future."

Ramsey GrovesRamsey's Comments:  "I felt like a child again on my police ride-a-long this past weekend. I was basically giddy as we drove through Lexington with the siren at full blast and the lights signaling other drivers to move out of our way! The officer dealt with several fights. In one instance, a pregnant 17-year-old pulled out another girl's hair. We also attempted to resolve a dispute where children were throwing rocks at one another. Throughout the night, it became increasingly more obvious that police officers spend a great deal of their time mediating. Their jobs would be much simpler if everyone could just get along! Nevertheless, these fights, a DUI, speeders, and other events made my night really exciting!"

David StartsmanDavid's Comments:  "It was extremely beneficial for me to see all the different aspects of the officers' daily activities. Not only did we go on calls that ended in arrests, but we handled a few public relations calls to help a distressed mother locate her missing daughter. Even at 26, it was exciting to drive at high speeds with the lights and sirens. I really enjoyed my ride along with Officer Norris and appreciated my brief look into the beginning of the criminal justice system."

Chantell FoleyChantell's Comments:  "I was impressed by the level of compassion the officers showed to the people they dealt with. My officer treated everyone he met with respect and dignity. I really appreciated how the officers treated everyone, even illegal aliens or even a regular citizen fairly and equally."

Ally MosesAlly's Comments:  "The ride-along was an awesome experience because we got to see first-hand how police officers take care of the community. During the 10-hour shift, Officer Neuman and I pulled over several people with broken tail lights, settled a neighbor dispute and even arrested a man who we took to jail. I learned a lot from watching the officers communicate and would love to do it again!"
Intern '09 Reality Series
American DA - LIVE 
Episode #8 - A Day With A Detective
    
Natasha CamenischBy Intern Natasha Camenisch
 
The police headquarters is home to Lexington's Division of Police's Detective Bureau (DB). The interns from the Commonwealth's Attorney's Office were assigned there for a day. Each unit within the DB is responsible for the follow-up investigation of a reported crime. Two interns were paired up with detectives from different units of the DB. The DB is comprised of many units and the interns were given the opportunity to shadow detectives from the Commercial Burglary, Auto Theft, Special Victims, Homicide, and Forensics Units.
 
Division of PoliceLindsay Bishop and I were assigned to the Special Victims Unit for the day. The Special Victims Unit investigates cases that deal with minors. After walking into the office, the members of the Unit were very welcoming and immersed us into their daily work immediately. We quickly followed in the footsteps of Detectives Al Johnson and Tim Ball for the remainder of the day. Both detectives spoke very highly and passionately about their jobs. Our first stop was at the Samaritan Hospital, where we conducted an interview of a potential sexual abuse victim. The detectives explained that when a patient makes a statement about anything that could be remotely related to sexual abuse, they are required by law to report it to the police. This is where the Special Victims Unit picks-up the reigns and visits the "alleged" victim in order to get a better understanding of the situation. The detectives normally focus on crimes against minors, however there are some times when the detectives deal with adults.
 
Interns Ally and Rebecca walking along the railroad tracks searching for body parts.

Interns Ally and Rebecca walking along the railroad tracks searching for body parts.

 
In addition, the detectives were investigating a rape case, which took place along the county's railroad tracks. It was shocking to learn that Lexington is home to a homeless village along the railroad tracks! The detectives looked around the vicinity to see if the person they needed to interview could be located. However, our efforts were unsuccessful. After completing the necessary tasks of the day, the detectives took us on a tour of the city. It was a very eye-opening experience to learn that there are drug transactions taking place in broad daylight on the streets of Lexington.
 
After arriving back at the office we were introduced to the Victim's Advocates for the Investigation Bureau. The advocates explained that their role is to make sure the victim is reached within 24 hours. Moreover, they educate the victim on the criminal trial process and help them along the way.
 
I thoroughly enjoyed my day with the detectives! At the end of the day it was truly an eye opening experience and I learned the importance of the Bureau of Investigation and their significance in our community.
Intern '09 Reality Series
American DA - LIVE 
Episode #9 - Video Arraignments: Defendant's First Appearance in Circuit Court
 
David StartsmanBy Intern David Startsman
 
Joy Leksrisawat, Michelle Hooper, Rebecca Wichard and I had the opportunity to accompany Commonwealth's Attorney Ray Larson to Video Arraignments.
 
An arraignment is the starting point of the trial sequence for the individuals who have been arrested. At the arraignment, the defendant is brought in front of the court for the first time, informed of his charges, and makes a plea. The courts have adapted the use of modern technology to save money from transporting the defendants back and forth between the courthouse and the jail. A TV screen displays the prosecutor, defense attorney, judge, and defendant, so that all can see and hear each person in a video conference setting. 
 
Craig Fitzpatrick with interns David, Michelle and Rebecca at Video Arraignments.

Craig Fitzpatrick with interns David, Michelle and Rebecca at Video Arraignments.

At first, the judge informs the defense attorney and the defendant of his or her charges. Most often the defense attorney makes a motion for a bond reduction. The prosecutor informs the court why the bond should remain at a certain level based on the defendant's prior criminal history and the flight risk of the individual. After the judge makes his ruling concerning the bond, the prosecutor gives discovery materials to the defense. Discovery materials are a compilation of evidence and facts used to build a case against the suspect. The prosecutor then makes a request for any discovery materials the defense may accumulate as they prepare for the subsequent court dates.
 
Finally, the judge, prosecutor, and the defense attorney agree on dates for the pre-trial conference and the status hearing. At the pretrial conference, the prosecution and the defense meet to discuss evidence and the issues that will be tried. Normally the prosecutor advises the defendant and his/her attorney of what a recommended sentence will be if the defendant chooses to plead guilty. The status hearing is a court date, before the judge, at which the defendant either pleads guilty to the recommendation of the prosecutor, or a date for a trial is set.
 
The whole process for each suspect only takes a few minutes. The speed with which these arraignments occur permit the court to expeditiously deal with this integral part of the criminal justice system.
 
Joy LeksrisawatJoy's Comments:  "I have always wanted to know what happens during the arraignment process, and sitting in on the Video Arraignments was very informative. It was also great to meet Judge Clark."
 
 
 
Michelle HooperMichelle's Comments:
  "I thought it was educational to see how the procedure was done. I learned about the difference between an indictment and an arraignment. I was surprised that the defendants knew the questions to ask, as if they have been through the process before."
 
Rebecca WichardRebecca's Comments:  "I appreciated that they do Video Arraignments to save tax dollars. I enjoyed the experience."
Intern '09 Reality Series
American DA - LIVE 
Episode #10 - To Search Or Not To Search, Gant Is The Question
 
Peter MaskowBy Intern Peter Maskow
 
The Decision
The Lexington Police Department asked our office to assist it in training its officers to comply with the ruling of the United States Supreme Court in Arizona v. Gant. Gant interprets the Fourth Amendment's requirement of a warrant for a search and seizure, and the search-incident-to-arrest exception to this requirement. Prior to Gant, officers automatically searched motor vehicles after an arrest of a person who was in that vehicle. The Supreme Court, through the Gant decision, has limited the circumstances in which officers may search a vehicle incident to an arrest, while at the same time stressing the importance of the dual principles of officer safety and the preservation of evidence.
 
Team Meetings 
Preparing to train the police, the attorneys in the office held a meeting to discuss the ruling, suggest scenarios of its application, and establish points of emphasis to ensure uniform training at each sector. Each attorney's preparation of the Gant case for the discussion was reminiscent of how my classmates and I prepared daily for law school. Some had organized charts, others had made outlines or briefs of the case, and still others had taken notes in the margins and underlined important points. Each had also created a scenario in order to test everyone's understanding of the changes in the law. At times, the on-the-spot knowledge of any particular attorney in the office can be overwhelming, and so I was encouraged to see that the legal training I am receiving remains at the heart of an attorney's preparation.
 
The hypothetical scenarios the attorneys presented to one another were the source of some debate during the meeting. Although the Supreme Court had issued its ruling, there is still uncertainty as to how it will be interpreted by the courts. Construing the Gant ruling in a way which will yield consistently good searches by police officers leads to reliable evidence in cases. As a result, it is of utmost importance that the attorneys stress the most important aspects of Gant and develop a routine with which the police can comply in order to ensure the admissibility of any evidence seized from the search of a vehicle incident to arrest.
 
Police Roll Call
The police officers at roll call.

The police officers at roll call.

Our office was to reach each police officer by attending police roll calls at each sector on both Monday, June 1 and Thursday, June 4.  By attending all three roll calls, occurring at 7 am, 4 pm, and 10 pm on each day, we were ensured to reach all of the active patrol offices in the department at least once.  The Assistant Commonwealth's Attorneys were broken up into teams, with several assigned to each sector.  The interns were to report to the same sector as their attorney.
 
The interns at the Police Department.

The interns at the Police Department.

I attended roll call at West Sector, where Assistant Commonwealth's Attorney Dan Laren led the training. He began by explaining the case and the changes it required. Dan made sure to stress that officers must be able to articulate in court the reason for the exception to the requirement of a warrant. He then gave a simple scenario of the application of Gant, and asked the officers to offer their own scenarios or ask any questions they might have. At first, most of the officers were reluctant to put forward an example, but once one was finally offered, several others presented follow-up questions and clarifications of the rule.
 
Seeing Dan and the other Assistant Commonwealth's Attorneys work with officers to clarify the recent ruling of the Supreme Court offered an alternative perspective of the law. Often, we are trying to interpret the law after the fact and determine how it will apply to a certain set of facts. The Gant training required the exact opposite approach. Instead, the attorneys explained how the law will apply to a wide variety of situations before they occurred. The cooperation and input of the police in this task was imperative. Not only will the police be the ones on the front lines trying to incorporate the law into their routine, but also their unique experience makes them the most able to suggest situations which will present the most difficulty.
 
The Gant training was a very real opportunity to directly affect the application of the law. Typically, an attorney can only do so by arguing his/her case in court and having a judge rule favorably on an interpretation of law. The collaboration of the Commonwealth's Attorney's Office and the Lexington Police Department headed off this circuitous process. We were able to influence the application of the law on the front lines of the war on crime, which, in the end, will reward this office with good admissible evidence taken consistent with the rights of suspects.
Intern '09 Reality Series
American DA - LIVE 
Episode #11 - Morning Meeting: Case Reviews

Ramsey GrovesBy Intern Ramsey Groves 
 
Every morning at 8:45 the Commonwealth's Attorney's Office has a meeting in the main conference room. All of the attorneys sit around the large table and the interns occupy the chairs lining the walls. As an intern, I always listen attentively as Commonwealth's Attorney Ray Larson and the other attorneys discuss topics such as upcoming trials and various issues people might be having with cases. Almost every day, attorneys present a synopsis of cases that have recently come to our office. This presentation is important because it keeps everyone in the office up-to-date. At the end of the meeting we all go our separate ways and return to our respective tasks.
 
Ramsey reviews the cases at the morning meeting.

Ramsey reviews the cases at the morning meeting.

On one of our first days as interns, Ray informed us that we would soon be the ones giving the reports on the cases. Honestly, this news made me nervous. I thought it would be frightening to discuss a case in front of a captive audience of actual attorneys. So, when I was given a stack of seven cases to review, I was obviously horrified. What if I mumbled or stuttered? What if an attorney asked me a question and I didn't know the answer? Of course, I didn't want to look foolish! In order to prevent this embarrassment, I thoroughly studied my seven files on the afternoon before my big presentation (the attorneys do this same thing quite frequently, so I suppose it wasn't technically a "big" presentation).
 
In order to review a case, we must retrieve certain information. We record what we find on a sticky note, and we will read from the note at the morning meeting. First, we need to know the name of the defendant and the specific charge(s). After we find this, we look for the facts surrounding the charge(s). Ordinarily, this information can be found in the citation or other documents from the police. Lastly, we look through the file for the defendant's criminal record and take note of any prior felonies. All of this information is in the file, but it can take a while to locate when the defendant has multiple charges and a lengthy criminal record!
 
Joy LeksrisawatJoy's Comments:  "I was really nervous to read over the cases in front of the entire office, but it turned out to be really fun because the cases are so interesting to read."
Information Center
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday.  To see our trial schedule, click here.
 
To see the latest returns, including Indictments, Dismissals and cases Returned to District Court, click on the dates below:
 
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
 

Circuit Court Sentencings
Thursday, June 25, 2009

7th Division - Judge Ernesto Scorsone
BARNES, Darby Ashley


Age:
  37

Barnes, Darby

REPEAT OFFENDER:  Sentenced to 10 years in prison for Receiving Stolen Property over $300 and status as a Persistent Felony Offender, 1 year each in prison for 3 counts of Receiving Stolen Property over $300, and 12 months in jail for the prosecution's amended charge of 2nd degree Criminal Mischief, the 10-year sentence and a 1 year sentence are to run consecutively and all other counts to run concurrently for a total of 11 years in prison.  Sent to prison.  Ordered to pay $475 in restitution.
BEARD, Anthony L., Jr.


Age:  19

Beard, Anthony 

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Fleeing or Evading the Police, probated 2 years.
BEATTY, George Antonio


Age:  23

Beatty, George

Sentenced to 5 years in prison for 1st degree Trafficking in a Controlled Substance, 1st Offense and 1 year in prison for 2nd degree Trafficking in a Controlled Substance, 1st Offense, to run concurrently for a total of 5 years in prison, probated 5 years.
CLARK, Joseph Parker


Age:  33

Clark, Joseph

Sentenced to 12 months in jail for the prosecution's amended charge of Non Support, probated 2 years.
DRAKE, Angelia Jean


Age:  45

Drake, Angelia 

REPEAT OFFENDER:  Sentenced to 10 years in prison Theft by Unlawful Taking over $300 and status as a Persistent Felony Offender, 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking under $300, and 12 months in jail for the prosecution's amended charge of Criminal Attempt Theft by Unlawful Taking under $300, to run concurrently for a total of 10 years in prison.  Sent to prison.
GILL, Matthew W.



Age:  47

Gill, Matthew 

Sentenced to 12 months in jail for the prosecution's amended charge of Facilitation to 1st degree Trafficking in a Controlled Substance, 1st Offense, conditionally discharged 2 years.
JAMES, Samantha McGuire

Age:  38

No Picture

Sentenced to 2 years in prison for Attempting/Obtaining a Controlled Substance by Fraud/False Statement to Practitioner, 1st Offense, serve 4 months in jail, probated 5 years.
MULLINS, Aaron Scott


Age:  34

Mullins, Aaron

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt to 1st degree Possession of a Controlled Substance, 1st Offense, 12 months in jail for Falsely Reporting an Incident, 6 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, 6 months in jail for the prosecution's amended charge of Criminal Attempt to Conspiracy to Trafficking in a Controlled Substance, 1st Offense, 30 days in jail, a 45 days in lieu of fines and a 12 months license suspension for Operating a Motor Vehicle under the influence of Alcohol/Drugs, .08, Aggravator, 2nd Offense, and 30 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.

Circuit Court Sentencings
Friday, June 26, 2009

3rd Division - Judge James Ishmael
BURKE, Tiffany Nicole


Age:
  29

Burke, Tiffany 

Sentenced to 3 years in prison for Fraudulent Use of Credit Cards over $100 within a 6-Month Period, probated 5 years.  Ordered to pay $838.15 in restitution.
HERNANDEZ-RODRIGUEZ, Luis


Age:  22

Hernandez-Rodriguez, Luis

ILLEGAL ALIEN:  Sentenced to 12 months each in jail for 2 counts of the prosecution's amended charge of Criminal Attempt to 2nd degree Criminal Possession of a Forged Instrument, 1st Offense, to run concurrently for a total of 12 months in jail, probated 2 years.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
HORTON, Jon Shaunta


Age:  33

Horton, Jon 

Sentenced to 1 year in prison for 1st degree Fleeing or Evading the Police, 12 months in jail for the prosecution's amended charge of 2nd degree Wanton Endangerment, 12 months in jail for Violation of a KY E.P.O/D.V.O., and 12 months in jail for Driving DUI on a Suspended License, 1st Offense, to run concurrently for 1 year in prison, serve 3 weekends, probated 5 years.
WOFFORD, William Ray


Age:  38

Wofford, William 

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt Failure to Comply with Sex Offender Registration, 1st Offense, and, in a separate case, 12 months in jail for the prosecution's amended charge of Criminal Attempt Failure to Comply with Sex Offender Registration, 1st Offense, to run concurrently for a total of 12 months in jail.  Sent to jail.
4th Division - Judge Pamela Goodwine
BENGE, Valerie Denise


Age:  41

Benge, Valerie 

Sentenced to 12 months each in jail for 2 counts of the prosecution's amended charge of 2nd degree Wanton Endangerment, probated 2 years.
CHADWELL, Sarah Jean


Age:  21

Chadwell, Sarah 

Sentenced to 12 months in jail for the prosecution's amended charge of Sexual Misconduct, probated 2 years.
COWAN, Brian Eugene


Age:  26

Cowan, Brian 

Sentenced to 12 months in jail for the prosecution's amended charge of 3rd degree Possession of a Controlled Substance, probated 2 years.
DURHAM, Brenda Gail


Age:  38

Durham, Brenda

Sentenced to 12 months in jail for the prosecution's amended charge of 4th degree Assault, probated 2 years.  Ordered to pay $1,893.37 in restitution.
FLORES, Jeremy Jason


Age:  19

Flores, Jeremy 

Sentenced to 1 year in prison for the prosecution's amended charge of Facilitation to 2nd degree Robbery, probated 3 years.
GOINS, Gregory Alan


Age:  37

Goins, Gregory 

REPEAT OFFENDER:  Sentenced to 10 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.
GOMEZ, Juan Ignacio


Age:  57

Gomez, Juan

Sentenced to 12 months in jail for the prosecution's amended charge of 4th degree Assault, conditionally discharged 1 year.
JACKSON, Lester B.


Age:  52

Jackson, Lester

Sentenced to 12 months in jail for the prosecution's amended charge of Non Support, probated 2 years.  Ordered to pay $15,895.46 in arrearages.
LOPEZ, Ricardo



Age:  36

Lopez, Ricardo 

ILLEGAL ALIEN:  Sentenced to 1 year in prison for Trafficking in a Controlled Substance within 1,000 Yards of a School.  Sent to prison.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
MILLER, Jay Preston


Age:  39

Miller, Jay 

Sentenced to 5 years in prison for 2nd degree Forgery, 1 year each in prison for 3 counts of 2nd degree Forgery, and 12 months each in jail for 8 counts of the prosecution's amended charge of Criminal Attempt to 2nd degree Forgery, probated 5 years.  Ordered to pay $2,933.61 in restitution.
PORTER, Ronnie L.


Age:  53

Porter, Ronnie

Sentenced to time served for the prosecution's amended charge of Giving an Officer a False Name or Address and time served for the prosecution's amended charge of 2nd degree Fleeing or Evading the Police, served approximately 83 days, time served.
RANKIN, Ashleah Spring


Age:  23

Rankin, Ashleah

Sentenced to 12 months each in jail for  2 counts of the prosecution's amended charge of Criminal Facilitation to 2nd degree Robbery, probated 2 years.  Ordered to pay $792 in restitution jointly and severally with co-defendant.
TRUGLIA, Michael Joseph


Age:  52

Truglia, Michael

Sentenced to 1 year in prison for Theft by Unlawful Taking over $300.  Sent to prison.
YATES, Jermaine Derall


Age:  23

Yates, Jermaine 

REPEAT OFFENDER:  Sentenced to 5 years in prison for the prosecution's amended charge of being a Felon in Possession of a Firearm and status as a Persistent Felony Offender, 1 year in prison for 1st degree Fleeing or Evading the Police, and 12 months in jail for 4th degree Assault, to run concurrently for a total of 5 years in prison.  Sent to prison.
8th Division - Judge Thomas L. Clark
BENNETT, Lynn Michelle


Age:  37 

Bennett, Lynn 

Sentenced to 1 year in prison for 2nd degree Escape, probated 2 years.
COMACHO-ROSADO, Alberto


Age:  35

Comacho-Rosado, Alberto 

ILLEGAL ALIEN:  Sentenced to 3 years in prison for 1st degree Sexual Abuse.  Sent to prison.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
DAVIS, Justin Othella


Age:  28

Davis, Justin 

Sentenced to 1 year in prison for Theft of Identity of Another without Consent, 1 year each in prison for 2 counts of Fraudulent Insurance Acts over $300, 12 months each in jail for 3 counts of the prosecution's amended charge of Criminal Attempt to Fraudulent Insurance Acts over $300, 12 months each in jail for 2 counts of the prosecution's amended charge of Criminal Attempt Theft of Identity of Another without Consent, to run concurrently for a total of 1 year in prison, probated 3 years.
GARNER, Theresa Danielle


Age:  30

Garner, Theresa

Sentenced to 5 years in prison for 1st degree Trafficking in a Controlled Substance, 1st Offense, 12 months in jail for Criminal Attempt to 1st degree Trafficking in a Controlled Substance, 1st Offense, and 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run concurrently for a total of 5 years in prison, probated 4 years.
NORTH, Kenneth D.


Age:  40

North, Kenneth 

REPEAT OFFENDER:  Sentenced to 20 years in prison for Murder, 10 years in prison for the prosecution's amended charge of 2nd degree Robbery and status as a Persistent Felony Offender, to run consecutively for a total of 30 years in prison.  Sent to prison.
TRUGLIA, Michael Joseph


Age:  52

Truglia, Michael

REPEAT OFFENDER:  Sentenced to 10 years in prison for Receiving Stolen Property over $300.  Sent to prison.
WATKINS, Brandon Lee


Age:  28

Watkins, Brandon 

Sentenced to 1 year in prison for Flagrant Non Support.  Sent to prison.
WELKER, Michelle A.


Age:  35

Welker, Michelle 

Sentenced to 12 months in jail for the prosecution's amended charge of Non Support, conditionally discharged 2 years.
9th Division - Judge Kimberly Bunnell
COMLEY, Daniel



Age:  44

Comley, Daniel

Sentenced to time served for the prosecution's amended charge of Theft by Unlawful Taking under $300, time served.
IVORY, Craig James


Age:  60

Ivory, Craig 

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Forgery, probated 2 years.
JONES, Wayne Anthony


Age:  32

Jones, Wayne 

REPEAT OFFENDER:  Sentenced to 5 years in prison for the prosecution's amended charge of 3rd degree Burglary, 12 months in jail for the prosecution's amended charge of 4th degree Assault, and 12 months each in jail for 2 counts of the prosecution's amended charge of 2nd degree Unlawful Imprisonment, to run concurrently for a total of 5 years in prison, serve 180 days in jail, probated 5 years.
MENDEZ, Alex Hernandez


Age:  25

Mendez, Alex

ILLEGAL ALIEN:  Sentenced to 2 years in prison for the prosecution's amended charge of 1st degree Possession of a Controlled Substance, 1st Offense, conditionally discharged 2 years.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED
STAPLETON, Christopher Lee


Age:  24

Stapleton, Christopher 

Sentenced to 1 year in prison for Theft by Unlawful Taking over $300.  Sent to prison.
STOCKTON, David Allen


Age:  29

Stockton, David 

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property under $300, probated 2 years.
Fayette Circuit Court Sentencings
 

Circuit Court Sentencings
Thursday, July 2, 2009

7th Division - Judge Ernesto Scorsone
EDMONDS, Kimberly Denise


Age:
  23 

Edmonds, Kimberly

Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance and 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run concurrently for a total of 1 year in prison, probated 3 years.
HERNANDEZ, Lourdes

 
Age: 
31

Hernandez, Lourdes

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt Possession of a Controlled Substance, 1st Offense.  Sent to jail.
HILL, Eric Eugene

 
Age:  20 

Hill, Eric

Sentenced to 1 year in prison for Failure to Comply with Sex Offender Registration, 1st Offense. Sent to prison.
JOHNSON, Cory McKenzie

 
Age:  30 

 Johnson, Cory

Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance, 1st Offense, and 12 months in jail for Use/Possession of a Controlled Substance, 1st Offense, to run concurrently for a total of 1 year in prison, probated 2 years.
STEWARD, April


 
Age:  32 

No Picture

Sentenced to 12 months in jail for the prosecution's amended charge of 3rd degree Possession of a Controlled Substance, 1st Offense, serve 4 weekends, probated 2 years.
 

Circuit Court Sentencings
Thursday, July 2, 2009

8th Division - Judge Thomas L. Clark
ELAM, Marilyn Winsmann


Age:
  52 

No Picture

Sentenced to 1 year in prison for Theft By Unlawful Taking over $300, probated 3 years.
FLOYD, Detrick Lee


Age:  32 

Floyd, Detrick 

Sentenced to 1 year in prison for Flagrant Non Support, time served.
PURSIFULL, Justin L.

 
Age:  21

Pursifull, Justin

Sentenced to 2 years in prison for Tampering with Physical Evidence and 12 months in jail for Theft by Unlawful Taking under $300, to run concurrently for a total of 2 years in prison.  Sent to prison.
SOSA-VALENCIA, Alfredo

 
Age:  21 

 Sosa, Valencia, Alfredo

ILLEGAL ALIEN:  Sentenced to 12 months in jail for the prosecution's amended charge of 3rd degree Criminal Possession of a Forged Instrument and 12 months in jail  for 4th degree Assault, to run concurrently for a total of 12 months in jail, conditionally discharged 2 years.  IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED