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Victim's Voice |
The memorial is the collaborative project of two statewide victims' organizations, Kentucky Mothers Against Drunk Driving (MADD), and Kentuckians' Voice for Crime Victims (KVCV).
The purpose of the Kentucky Victims of Homicide Memorial is:
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No Contest! The Run-away Loser Is Disgraced Former Illinois Governor George Ryan |
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In the final days of Ryan's scandal-plagued term as Governor of Illinois, he gleefully commuted the death sentences of all 167 condemned murderers on Illinois’ death row in front of his cheering, anti-death penalty supporters. Ryan’s cruel and insensitive treatment of the families of murder victims during that process represents the worst treatment of crime victims and their families in recent American history. This annual recognition of the year’s worst offender of victims' rights is appropriately named after this failed and disappointing Governor. What he did to those families was reprehensible. He has earned the title. |
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The Enormous Costs Of Crime - Victims Suffering More Than Criminals |
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Victim Costs and Consequences, a U.S. Department of Justice study, is one of the most comprehensive assessments ever undertaken of the costs associated with personal and property crime. The research team, headed by Vanderbilt University Professor Mark Cohen, reported several sobering facts about losses suffered by victims of crime.
The study does not include the $603 billion worth of property and money stolen or obtained through fraud. Those who oppose paying our police, or building jails and prisons, obviously haven't suffered as a victim of crime. After all, the fundamental purpose of government is to do all that we can to guarantee the safety of the public. |
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The
Public Wants Victims Treated Better By The Criminal Justice System |
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A national survey of 4,000 people in
ten northeastern states found that more than 80% of the respondents want
changes in how the criminal justice system works in dealing with violent
crime. 75% said the same thing for all crime. The responses
varied little from state to state or from one demographic group to
another.
The majority of respondents believed that:
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Kentucky Supreme Court Rules That Defendants Can Be Charged Interest On The Money They Stole From Victims And Must Pay Back |
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In an opinion written by Justice
Donald Wintersheimer, the Supreme Court ruled
that victims should be repaid by the convicted thief, with interest, in a
timely manner or they will continue to suffer. It’s the criminal who
should suffer, not the victim.
Otherwise, CRIME PAYS! Frankfort, KY - Defendants ordered to make restitution to their victims must now also pay interest, the Kentucky Supreme Court recently ruled. The high court’s decision cleared the way for defendants to be charged up to 19% interest on the money they owe their victims. "This is a great decision for the victims of crime in Kentucky," said Jonathon Dyar, the Jefferson County Commonwealth’s Attorney who successfully argued the case to the Supreme Court. The Court’s opinion calls for interest to be "the maximum legal rate," under a state statute that sets a rate between 8 and 19% a year. Judges will set the amount based on guidelines contained in the statute. Source: Louisville Courier-Journal. |
Crime
Victim Advocacy: An Act Of Kindness |
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The Fayette Commonwealth’s Attorney’s Office takes great pride in providing the most effective and comprehensive assistance to victims of violent and financial crimes. The goal of the Fayette Commonwealth’s Attorney’s Crime Victim Assistance Program is to reach out to crime victims and help them build confidence in their own ability to heal from a traumatic event. Because crime related crises occur every day, it is crucial to assist crime victims throughout the following days, months and years. As advocates, we have been serving our community for many years and most of us have experienced a multitude of emotions, which come from walking beside crime victims. It is through witnessing their emotions of isolation, depression, anger, guilt, helplessness, fear and confusion that we learn how to guide victims through the criminal justice process, a system that often causes these emotions to resurface. Advocacy is the heart of the Fayette Commonwealth’s Attorney’s Office. Our advocates have the gift of compassion and offer crime victims opportunities to heal. We use our gifts to help people through the stresses and frustrations related to crime. As we refresh others, we then refresh ourselves. This cycle represents the experiences of dedicated professionals who have effectively worked through a crisis in their own lives as well as others. For the child who was served pizza during a "Kids In Court" session or the mom who wanted to find the recipient of her son’s heart to tell them what a wonderful heart they got, the need for special care and consideration is most important during the wake of crime. Government may compensate for losses and the state may punish wrongdoers, but it is often the treatment victims receive from the victim advocates that has lasting and healing effects. Victims can choose to stay in a helpless state or take a risk and work with an advocate. Advocates can assist them in picking up the pieces and working through the psychological and financial burdens of crime. Source: Vine Line, Winter/Spring 2002 |
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President
Bush Backs Constitutional Amendment To Guarantee Victims' Rights |
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Washington, D.C. - President George W. Bush recently called for a constitutional amendment to protect the rights of violent crime victims. Establishing a bill of rights on their behalf, Bush said, "is one of those rare instances when amending the Constitution is the right thing to do." Attorney General John Ashcroft said:
The Senate bill was introduced by sponsors Sen. John Kyl, Arizona, and Sen. Dianne Feinstein, California. Sen. Patrick Leahy, Vermont, previously opposed this proposal, along with civil liberties groups who see the amendment as a potential threat to a fair trial for the accused. Sources: latimes.com and washtimes.com |
Crime Victims' Assistance Unit Receives High Marks In Crime Victims' Surveys |
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Fayette Commonwealth's Attorney Ray Larson is pleased with victims' response to services provided to victims of crime by his office. After violent crime cases are completed, victims are sent a questionnaire and asked to comment on their treatment by Larson's office.
Crime Victim Surveys are mailed to all victims and surviving family members of violent crime including child abuse, sexual assault, domestic violence, homicide, physical assault, robbery and residential burglary after their cases have been finally sentenced in Fayette Circuit Court.
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Some Potential Crime Victims Are Fighting Back - Some Have Decided To Protect Themselves And Their Businesses |
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News Item: ALHAMBRA, California - One of four robbers trying to hold up a gun shop was killed by an employee with a semiautomatic rifle, authorities said. The attempted holdup and shooting at Euro Arms Gun Store on South Garfield Avenue occurred about 11:15 am Friday. An employee in an office inside the store heard a commotion when the gunmen burst in, Sheriff's Deputy Roberta Granek said. When the worker emerged, one of the robbers confronted him and the employee fired three times, Granek said. The other three suspects
fled. One got away, but deputies arrested David Pruitt, 21, and
Melvin Jones, 20, shortly after the shooting, Granek said. They were
booked on suspicion of attempted robbery and murder and denied bail, she
said.
Store owner John Samanns, 37, of Mulberry shot Larry D. Russell, 41, of Polk County twice after Russell used a metal pry bar to break the lower deadbolt on an exterior metal gate, the state attorney's report said. Samanns was sleeping in his store, John's Drive-Thru on South Combee Road, because of recent burglaries when a sensor alarm went off about 2 am December 4th. Samanns opened an interior
sliding glass door and saw Russell prying on the upper part of the
exterior gate, the report said. The metal gate was ajar when the two
confronted each other, the report said, and Russell was holding the pry
bar over his head.
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Each year the Office of the Fayette Commonwealth’s Attorney has contact with over 600 victims of crime who are trying to collect restitution for the damage they suffered at the hands of some criminal. These victims are only innocent citizens who have medical expenses or other losses as a result of being robbed or assaulted or their homes burglarized. They include businesses large and small, doctors, hospitals, banks, non-profit organizations and even our local government. In just the past five years, the judges of Fayette Circuit Court have ordered convicted criminals to pay more than five million dollars in restitution. At this time, approximately 25% of that amount has been collected. The average victim was entitled to $8,500 in restitution, but has received less than $1,500. That’s not all. There are additional costs to crime that are not included in the restitution amounts. Under Kentucky law, there is no recovery for a victim’s lost wages for court appearances, interest and fees on financial losses, or on payments made by insurance companies. Who pays? We all do! |
Assisting
Crime Victims Is An Important And Busy Part Of Ray Larson's Office |
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The Crime Victims' Assistance Program was established in July of 1985. The program was developed to address the needs and the rights of innocent victims of crime and their families. It also addresses the needs of the survivors of homicide victims. The Victims' Advocates work closely with the Commonwealth's Attorney and his assistants, and act as a liaison between the victim and various entities of the criminal justice system. The Victims' Advocates also work with various local helping agencies and support groups in addressing the needs of the crime victim. Victims of crime deserve fair treatment and protection equal to that which is granted to their perpetrators. The Fayette Commonwealth's Attorney's Office Crime Victims' Assistance Program seeks to offer a complete and innovative support system to those individuals who are confronted with the harsh realities of crime.
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Even
Ann Landers Thinks Identity Theft Is A Serious Problem |
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Featured in her August 12, 2001
column, Ann Landers
uses a letter from Linda Foley, Executive Director, Identity Theft
Resource Center in San Diego, California, to warn us of Identify Theft and
the problems it can cause.
Source: Ann Landers, Lexington Herald-Leader, August 12, 2001. |
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Seniors'
Most Zealous Advocate Retires |
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Dan has done far more than simply investigate cases that came across his desk. Since coming to Fayette County, he has been determined to see the perpetrators that prey on the elderly prosecuted. To that end, Dan has been a persistent and persuasive voice for the elderly. He has worked extensively to build the lines of communication between agencies that both investigate and prosecute elder abuse cases. In 1998, he was a driving force behind the Senior Protection Project, which brought together representatives from every agency or business that deals with elderly citizens. Out of that forum, the Elder Abuse Task Force was created which brings together social services, law enforcement, mental health agencies, home health agencies, nursing home ombudsman, and prosecutors. The Task Force meets monthly to review specific cases of elder abuse, neglect, or financial exploitation to determine which cases rise to the level of criminal conduct warranting criminal prosecution. Dan is stepping down from his investigative role, but it is safe to say he will never stop advocating for the elderly. In the 1970's, Dan was a professor of social work and sociology at Berea College and the University of Kentucky. In the fall, he will return to the classroom at the University of Kentucky to teach the next generation of social workers that genuine compassion for people is the most important skill they can possess. That is what has set Dan Armstrong apart - we will miss him very much! |
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Civil
Justice At Work - Released Defendant Rapes And Murders One Victim,
Brutally Rapes Another While On Parole - Victims Sue State For Failure To
Supervise |
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 Schultz
v. StateCase No. 99-2-20537-5KNT Superior Ct. of Washington for King Cnty. 1/18/2001 Prevailing Party: Plaintiff/ Victim In September 1997, Gary Puckett sexually assaulted Alice Underdahl and strangled her to death. Puckett then fled to North Dakota, where he attacked Julienne Schultz with a knife in a rest area bathroom, slashed her throat, and left her for dead on the bathroom floor after partially disrobing her. Later that evening, Puckett was stopped at a roadblock by county sheriffs and shot himself to death. Puckett had an extensive juvenile record including taking indecent liberties with a six-year-old girl. In 1980, Puckett had pled guilty to rape in the first degree for sexually assaulting an eighty-six-year-old woman and received a life sentence. A psychologist noted in a presentencing workup that Puckett was unsafe to be at large. While incarcerated, he committed numerous infractions, including misconduct with a visitor and exposing himself to staff. Nevertheless, he was paroled in 1987. In 1988, Puckett’s parole was suspended for making sexually harassing and threatening phone calls to women in the community, but in 1994, he was again paroled. In 1994 and 1995, he was arrested and jailed twice, only to be released. In 1997, he was arrested for failing to register as a sex offender but was again released. During the thirty-five months Puckett was on parole, his corrections officers made only six visits to Puckett’s home, although there should have been at least forty-three under Department of Corrections guidelines. Underdahl’s survivors and Schultz sued Washington State, the Department of Corrections, and the individual corrections officers. Washington State settled the case for $8.8 million total, $4.4 million for each victim. Victim’s Counsel: Kevin Coluccio, Seattle, WA. Source: Kentuckian's Voice for Crime Victims, Volume 14, Issue 7, July, 2001 |
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Crime
Victims Are Fighting Back By Suing Offenders |
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| According
to The National Crime Victim
Bar Association:
More than 28 million Americans are victimized by crime each year. All too often victims are left with expenses for medical procedures, physical rehabilitation, property damages, counseling, and lost wages. For more and more crime victims, the conclusion of the criminal case against their offenders is just the beginning. Across America crime victims are having their day in court. By bringing civil actions against the offenders, crime victims are finding their own path to justice. Unlike the criminal justice process, the civil justice system does not attempt to determine an offender’s guilt or innocence. Offenders are not put in prison. Rather civil courts attempt to determine whether an offender or a third-party is liable for the injuries sustained as a result of the crime. If defendants are found civilly liable, courts may order them to pay monetary damages to victims. The civil legal system offers crime victims an opportunity to secure what they seek most - - Justice! For more information contact the National Center for Victims of Crime, www.ncvc.org. |
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A
Mother's Struggle With The Death Of Her Son |
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The day Michael was murdered (February 3, 1986) my world came apart in so many pieces. I had no idea who I was anymore! There was the unimaginable loss of Michael, such a major reason for existing; his death was so out-of-order as to be incomprehensible. It meant no little Michael's, no one to comfort me in my old age. Daily details of life lost all meaning. Getting up, cleaning the house, going to the grocery, all required more effort and energy than I could seem to gather. But I had another son and because of him I had to find a way through this terrible maze that had become my life. To do this I had a need to begin at the cemetery. Saturday was the only day I had to sit by Michael's grave. I did this every week for over a year - until it was more hurtful than helpful and I could no longer find peace there. I lived to go to work the first two or three years; it was the only time of day that I could escape the pain and loss. I realized I needed to get some help for myself. I spent a long time in therapy with a wonderful woman who helped me deal with the fog I had been living in. I still have those terrible times when the loss is unbearable and I always will. I had lost a big part of my future. I learned many things from Michael's death. They did not come overnight but have evolved over the last decade:
Because Michael was murdered, there was the trial and over the years all the appeals and a trip to the Parole Board. In the future there will be more trips to the Parole Board, always with the hope they will listen to those who loved Michael. I am more interested in our judicial system and have learned a lot about it. Perhaps the biggest change for me has been the realization that I am the one who will determine whether this experience is going to make me stronger or destroy me. The strangest thing to me is that Michael's death changed so many things for me immediately and yet those same things are true today. Lots of them are small things that have to do with perceptions and feelings rather than thoughts. I have learned to treasure every minute I have with the people I love. I truly hope Michael is proud that I kept myself together, as I was so very proud of him. |
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A
Father's Grief - - - My Son Was
Murdered - The Pain Won't Go Away. |
Carolyn
Miller, a graduate of
Emory University in Atlanta, Georgia and the University of
Kentucky College of Law, serves as Restitution Coordinator for the
Office of the Fayette Commonwealth's Attorney. In that role
she is responsible for the determination of the amount of
restitution owed by a defendant to a victim and bringing that
information to the attention of the Circuit Judges in Fayette
County.
