KY SEAL 2
Sanders

From the Office of:

ROB SANDERS
COMMONWEALTH'S ATTORNEY
16th Judicial Circuit - Kenton County, KY 
 

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 This Week in Kenton Circuit Court...

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In This Issue
Guest Column
Guilty Verdict
Guilty Verdict
Other Guilty Pleas & Sentencings
Failures to Appear/WANTED
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Quote of the Week:
The willingness to accept responsibility for one's own life is the source from which self-respect springs.  ~Joan Didion
 
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Ever wondered what the Commonwealth's only maximum security prison looks like on this inside?
 
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Ever wondered what a Methamphetamine addiction will do to you?
 
 
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
 

Ray Larson1. 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 Harrisalphonzo harper
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 Holtjunie 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 Swainjoshua 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 Fredrickjoseph 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 Greenemichael 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 Wischer1
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 Wagnerjeffrey 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 Bisingrandal 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 Carbonedominic 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 Burchstephanie 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 Mensahalphonzo harper
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.alphonzo harper
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. Owensanna 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 Turnerdebbie 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 Hensontimothy 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 Langstonbilly 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 Hislealphonzo harper
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 Marshallkelvin marshall
Judge: Sheehan