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| Issue
#9 |
January
31, 2008 |
|
Greetings
Kenton County!
The men and women of
the Commonwealth's Attorney Office are
always working hard to keep Kenton County
safe. This newsletter is intended to
keep all interested parties up to date on
the latest in prosecution and law
enforcement news. If you have any
questions or would like additional
information about the cases you see in this
email, please call (859) 292-6580 or email
the Commonwealth's Attorney Office at robsanders@kentonprosecutor.com
.
|
| GUEST
COLUMN BY:HON. RAY LARSON
Fayette County Commonwealth's Attorney
|
|
1.
Don't Repeat Our Mistake of the 1960's
It Has Taken Law Enforcement 40
Years To Bring The Crime Rate Back Down
"Those
who cannot remember the past are condemned
to repeat it."
George
Santayana, Spanish philosopher
In the 1960's, America's crime rate
soared because we quit sending criminals to
prison. It has taken law enforcement and
prosecutors 40 years of putting violent and
repeat offenders back into prison to finally
bring the crime rate back down.
In the 1960's, the
court system relied less on punishment and
protecting the public from dangerous felons
by incarceration and more on social
programs.
What happened? You be
the judge.
1960 - the chances
of being a crime victime was 1
in 53
the
chances of being a victim of a violent crime
was 1
in 622
1970
- the
chances of being a crime victim was 1
in 25
the
chances of being a victim of a violent crime
was 1
in 276
1980
- the chances of being a crime victim was 1
in 12
the
chances of being a victim of a violent crime
was 1
in 168
Because
of the soft on crime approach, the chances
of being a crime victim in 1980 was 4 times
greater than in 1960.
In the 1980's, the
public was fed up with the soft-on-crime
social programs and demanded action by
legislators across America. Mandatory
sentencing laws were passed for violent and
repeat offenders and the crime rate began to
drop.
From
1994 to 2003, America's violent crime rate
dropped 33.5%
Those who would eliminate punishment and
incarceration as a consequence for
criminal behavior and advocate a return to
a policy of social workers as a response
to crime must bear the enormous moral
burden and responsibility for the the
injuries, deaths and losses to those who
will become the new victims of the
criminals they choose to leave on our
streets.
2. Good News This Week!
The
serious crime rate is down to its lowest
level in 33 years
For
the past 50 years, it has always been
the same. When the incarceration
rate goes up, the
crime rate goes down;
and when the incarceration
rate goes down,
the crime
rate goes up!
Right on schedule, now that we've finally
gotten the crime
rate back down by putting criminals in
prison, the Lexington Herald-Leader
and some tenured professors apparently
want to eliminate incarceration as a
consequence for violating our laws.
"Too many people in jail and
prisons," they say.
They
don't seem to care about who gets out.
Most of them live in upper middle class
neighborhoods, where there is little or no
crime. Crime doesn't effect their
day-to-day lives so much. They don't seem
to care about the safety and welfare of
those who do live in the less affluent
neighborhoods where crimes committed by
these thugs is a 24 hour-a-day worry.
It seems that someone
else's safety is not their problem.
So, who cares? Crime
victims care, our citizens care, that's who
cares.
|
| GUILTY
VERDICT |
|
Commonwealth
v. Troy Harris
Judge:
Bartlett
Prosecutor:
Jason Kinser
Police
Agency: Covington
On 9/13/06, Troy Harris' live-in girlfriend
stayed out all night partying with friends
and did not come home until the morning of
the 14th. When she arrived home,
Harris had locked her out of their common
home and she was forced to break a window to
get in. A domestic argument ensued
that eventually became violent.
Covington police arrived and found that
Harris had not only beaten his girlfriend
but had stabbed her with a wooden
broomstick. Harris applied so much
force to the broomstick that it went through
the woman's jeans, entered through her
vagina, and shoved over 24" into her
body cavity before the handle broke off
inside her.
The girlfriend underwent emergency surgery
at University Hospital to remove the end of
the broomstick and repair her internal
organs. She spent several days
recovering in the hospital. Despite
the gruesome attack and massive injuries,
the girlfriend continued to exchange phone
calls and letters with Harris as well as
visit him in jail. Asst.
Commonwealth's Attorney Jason Kinser refused
the victim's repeated requests to drop
and/or reduce the charges.
On 12/11/07, the case went to trial before
Kenton Circuit Judge Greg Bartlett.
Much to her displeasure, the victim was
forced to testify against Harris. On
12/12/07, a jury of 7 men and 5 women found
Harris guilty of 1st Degree Assault and
Persistent Felony Offender 2nd Degree.
The jury recommended a total sentence of 24
years.
On 1/28/08, Judge Bartlett denied the
Defendant's request to reduce the jury
verdict to 20 years and followed the jury's
recommended sentence of 24 years.
Under KY law, 1st Degree Assault is a
"violent offense" meaning Harris
must serve 85% of his sentence (20 years)
before becoming eligible for parole.
|
| GUILTY |
|
Commonwealth
v. Junie Holt
Judge:Bartlett
Prosecutor: Joseph
Meadows
Police Agency: Crescent Springs
Junie Holt and a co-defendant were
indicted for 1st Degree Robbery and 1st
Degree Burglary in 2004 for breaking into
a mobile home and assaulting the female
resident. The defendants made off
with numerous items from the house and the
victim's car. Much of the stolen
property was later recovered by the
victim's family from the Holt residence.
Investigators also found Holt's DNA in the
driver's seat of the stolen car.
Holt was originally found guilty of 1st
Degree Robbery and 1st Degree Burglary by
a Kenton County jury. Holt appealed
his case on the grounds that the former
Asst. Commonwealth's Attorney prosecuting
the case use inappropriate questions
during cross examination. The KY
Court of Appeals agreed with Holt threw
out the conviction. The case was
then remanded back to Circuit Court for a
new trial.
On 1/28/08 Holt entered a guilty plea to
1st Degree Robbery and 1st Degree
Burglary. Asst. Commonwealth's
Attorney Joseph Meadows is recommending
that Holt serve 10 years in prison,
consecutive to a prior sentence on an
unrelated case that Holt is still serving.
1st Degree Robbery is classified as a
"violent offense" for parole
eligibility purposes. This means
that when Holt is finished serving his
prior sentence, he must then serve
at least 8 1/2 additional years before
becoming eligible for early release.
Final sentencing is set for 2/25/08.
|
| Other
Guilty Pleas & Sentencings |
|
Commonwealth
v. Joshua Swain
Judge:
Bartlett
Prosecutor: Rob
Sanders
Police
Agency: KY State Police
On 12/18/07, Swain pled guilty to Escape 2nd
Degree. Commonwealth's Attorney Rob
Sanders recommended that Swain serve 1 year
in jail in addition to the remainder of his
prior sentence. Swain was sentenced to
1 year consecutive to his prior sentence.
Commonwealth
v. Joseph
Fredrick
Judge: Bartlett
Prosecutor: Joseph
Meadows
Police Agency: Covington
On 12/18/07 Fredrick pled guilty to
Burglary 3rd Degree. On 1/28/08
Fredrick was sentenced to 1 year in
prison.
Commonwealth
v. Michael Greene
Judge:
Summe
Prosecutor: James
T. Redwine
Police Agency: Covington
On 6/18/07 Michael Greene pled guilty to
Possession of a Controlled Substance
(cocaine). On 1/28/08 the Court
followed the recommendation of Asst.
Commonwealth's Attorney Jim Redwine and
sentenced Greene to 1 year probated for 3
years.
Commonwealth
v. Michelle Wischer
Judge:
Summe
Prosecutor: Alysha
McKinney
Police Agency: Covington
On 1/28/08, Wischer pled guilty to
Possession of a Forged Instrument.
Asst. Commonwealth's Attorney Alysha
McKinney is recommending that Wischer,
who has no previous felony record, be
ordered into the Felony Diversion
Program for 2 years and pay restitution.
Final sentencing is 3/11/08. If
Wischer fails diversion she faces 1-5
years.
Commonwealth
v. Jeffrey Wagner
Judge:
Summe
Prosecutor: Sharif
Abdrabbo
Police Agency: Covington
On
1/28/08 Wagner pled guilty to
Possession of a Controlled Substance
(cocaine). Asst. Commonwealth's
Attorney Sharif Abdrabbo is
recommending a sentence of 1 year
probated for 1 year. Final
sentencing is set for 3/11/08.
Commonwealth
v. Randal Bising
Judge:
Summe
Prosecutor: Jason
Kinser
Police Agency: Crescent
Springs
On 1/28/08 Bising pled guilty to
Possession of a Controlled
Substance (cocaine) and Possession
of Drug Paraphernalia (2nd
Offense) without a plea agreement.
Final sentencing is 3/11/08.
Bising faces 1-5 years.
Commonwealth
v. Dominic Carbone
Judge:
Bartlett
Prosecutor: Joseph
Meadows
Police Agency: NKDSF
On
1/25/08, Carbone pled
guilty to Trafficking
in a Controlled Substance
(cocaine). Asst.
Commonwealth's Attorney Joe
Meadows is recommending
a 5 year sentence.
Final sentencing is set for
2/25/08.
Commonwealth
v. Stephanie Burch
Judge:
Summe
Prosecutor: Alysha
McKinney
Police
Agency: Covington
On 1/25/08
Burch pled guilty to
Possession of Drug
Paraphernalia (2nd
Offense).
Asst. Commonwealth's
Attorney Alysha
McKinney recommended
that Burch, who has
no previous felony
record, be ordered
into the Felony
Diversion Program
for 3 years.
The Court sentenced
Burch to 2 years in
the Felony
Diversion Program.
If Burch fails diversion
she faces 1-5 years.
Commonwealth
v. Phyllis
Mensah
Judge:
Bartlett
Prosecutor: Joseph
Meadows
Police
Agency:Covington
On
12/6/07, Mensah
pled guilty
to Possession
of a Forged
Instrument. On
1/28/08, the
Court
followed the
recommendation
of Asst.
Commonwealth's
Attorney Joe
Meadows and
sentenced
Robinson to
3 years
probated for
3 years.
Commonwealth
v. James
Klein Jr.
Judge:
Summe
Prosecutor: Joseph
Meadows
Police
Agency: Covington
On
12/10/07,
Klein
pled
guilty
to
Possession
of
a
Controlled
Substance
(cocaine).
On
1/28/08,
the
Court
followed
the
recommendation
of
Asst.
Commonwealth's
Attorney Joe
Meadows and
sentenced
Klein
to
3
years
probated
for
5
years.
Judge
Summe
also
ordered
Klein
to
spend
1
year
on
home
incarceration.
Commonwealth
v.
Anna
D.
Owens
Judge:
Summe
Prosecutor: Alysha
McKinney
Police
Agency:
Covington
On
1/28/08
Owens
pled
guilty
to
7
counts
of
Possession
of
a
Forged
Instrument. Asst.
Commonwealth's
Attorney
Alysha
McKinney
is
recommending
that
Owens
be
ordered
into
the
Felony
Diversion
Program
for
5
years.
Owens
has
no
prior
felony
record.
If
she
fails
diversion,
Owens
faces
1-5
years
on
each
count.
Commonwealth
v.
Debbie
Turner
Judge:
Bartlett
Prosecutor: Jason Kinser
Police
Agency:Kenton
Co.
Police
On
1/25/08
Turner
pled
guilty
to
Possession
of
Stolen
Mail
Matter.
The
Court
followed
the
recommendation
of
Asst.
Commonwealth's
Attorney
Jason
Kinser
and
ordered
Turner
into
the
Felony
Diversion
Program
for
2
years
and
to
pay
restitution.
If
she
fails
diversion,
Turner
faces
1-5
years.
Commonwealth
v.
Timothy
Henson
Judge:
Sheehan
Prosecutor: Alysha
McKinney
Police
Agency: Covington
On
1/29/08,
Henson
pled
guilty
to
3rd
Degree
Burglary
and
Theft
(>$300).
Asst.
Commonwealth's
Attorney
Alysha
McKinney
is
recommending
a
sentence
of
4
years
in
prison.
Final
sentencing
is
set
for
2/26/08.
Commonwealth
v.
Billy
Langston
Judge:
Sheehan
Prosecutor: Alysha
McKinney
Police
Agency:
Kenton
Co.
Police
On
1/29/08
Langston
pled
guilty
to
Theft
(>$300).
Asst.
Commonwealth's
Attorney
Alysha
McKinney
is
recommending
that
Langston,
who
has
no felony
record,
be
ordered
into
the
Felony
Diversion
Program
for
2
years.
Final
sentencing
is
set
for 2/26/08.
Commonwealth
v.
Danielle
Hisle
Judge:
Sheehan
Prosecutor: Sharif
Abdrabbo
Police
Agency:
Covington
On
1/29/08
Hisle
pled
guilty
to
Possession
of
a
Controlled
Substance
(cocaine)
and
1st
Degree
Promoting
Contraband.
Asst.
Commonwealth's
Attorney
Sharif
Abdrabbo
is
recommending
a
sentence
of
1
year in
prison.
Final
sentencing
is
set
for
2/26/08.
Commonwealth
v.
Kelvin
Marshall
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