Jury Recommends A Life Sentence For Steven Berry -- Not 25 Years!
The Lexington Herald-Leader headline got it all WRONG!

After a two-week trial, a Fayette County jury convicted Steven Berry of the intentional murder of Patricia Searcy and recommended a sentence of:

"The sentence for Steven Terrance Berry, who was convicted Thursday of murder, was incorrect in an article and headline on Page B1 in some editions of yesterday’s Herald-Leader. He was sentenced to life in prison without the possibility of parole for 25 years."

Here's the headline --

Can you find the "correction"?

Computerized Prescription Reporting System (KASPER) Aids In Investigations Of Prescription Fraud Cases
Prescription drugs become a larger part of the illegal drug market.  KASPER system helps find fraud.  As usual, criminal defense attorneys are complaining.

Doctors, pharmacists, the state Medicaid program, grand juries, commonwealth’s attorneys and police officers can contact the state agency and request a report on a person’s prescription medication, so long as a bona fide specific investigation involving that person is taking place.

Frequently individuals try to obtain numerous prescriptions for pain medication from several doctors in a short period of time. That practice is commonly referred to as "doctor shopping." In the past few months the abuse of Oxycontin has been the subject of intense scrutiny by law enforcement.

As usual, defense attorneys are complaining about too much access to private medical records. Of course, they ignore the fact that before KASPER reports can be obtained by police, prosecutors or grand juries, they must certify that they have probable cause to do so.

Jeff Sullivan, Washington State Prosecutor And Long-Time Criminal Justice Leader, Shares Thoughts About Leadership

Fred Capps Law Signed By Governor Paul Patton
Cathy Capps thanks legislature for valuing the lives of all government employees who put their lives on the line every day.

Governor Paul Patton signs the "Fred Capps" Bill

Governor Paul Patton recently signed the "Fred Capps" Bill which was passed by the 2001 session of the Kentucky General Assembly.

Rep. James Comer, Jr.

The "Fred Capps" Law, sponsored by Rep. James Comer, Jr. of Tompkinsville, provided "hazardous duty" benefits for any state employee who is killed or disabled as a result of a duty-related death or injury.

Cathy Capps

Cathy Capps, the widow of the slain prosecutor after whom the law was named, was present for the signing ceremony which took place in the Capitol. She expressed her gratification that the legislature recognized the dangers faced by prosecutors, their staffs, as well as many other public employees everyday in the course of their duties.

Rep. Jody Richards	George Moore

Speaker of the Kentucky House of Representatives Jody Richards remarked that he was proud it was a day that recognized the value of Kentucky’s employees and the dangers they frequently face. Kentucky’s Commonwealth’s Attorneys were represented by its President, George Moore, Mount Sterling, Commonwealth’s Attorney for the 21^st Circuit.

Susan Herman, Executive Director of the National Victim Center Addresses Kentucky Victim Assistance Conference
Herman issues call for "Parallel Justice" which would capture the heart of victim assistance by paralleling the rights of victims with those guaranteed to defendants.

Susan Herman Executive Director, National Center for Victims of Crime

"We all know that a crime may last only moments but its impact can be felt for a lifetime," Susan Herman, Executive Director of the National Center for Victims of Crime, emphasized in her closing remarks at Kentucky's 2001 Victim Assistance Conference held March 20 - 22 in Lexington, Kentucky.  Herman drew the conference of nearly 400 attendants to a close presenting five unifying aspects of victim assistance:  we are all victim advocates, victims of crime are victims of crime, rights require enforcement, practice should be informed by research, and we should all seek parallel justice.  For the victim advocates and victim assistance providers in attendance, these topics addressed areas of concern and offered unique perspectives to enhance their services.

Herman, a leader in victim advocacy, urged conference attendees to entertain new ideas and methodologies in the promotion of victims' rights.  Parallel justice, Herman suggested, is a concept that could change the way current systems respond to victims of crime.  In a world of parallel justice Herman claims that, "society at large would be asked to help victims rebuild their lives -- to help reintegrate victims back into productive community life."  This concept is quite different from current practices in which some victims have rights to be informed and participate in the system but are not rejuvenated from the crime by the system.  The concept of parallel justice addresses the inconsistency where defendants are given opportunities for drug treatment and rehabilitation, but crime victims are not assisted in regaining their lives after the crime.  Parallel justice captures the heart of victim assistance in its attempt to parallel the rights of the victim with the rights of the defendant.

In addressing issues like parallel justice, Herman called conference goers to take new action under a unified umbrella in promoting victims' rights and taking victims' assistance to a new level.  Reflecting on challenges posed by Herman as well as empowerment received through advocate unification, victim advocates and victim assistance providers left the conference with a fresh outlook on the world of victim services.

Boston DA's Office Uses "Cutting Edge" Technology In The Courtroom
Prosecutors use sophisticated technology to produce computer graphics for courtroom demonstrations of evidence.

Ralph Martin, II

The Suffolk County District Attorney, Ralph Martin, has introduced state of the art, multi-media demonstrations to the criminal courts of Boston.

Thanks to sophisticated technology and a newly created "trial graphics unit," prosecutors are creating and employing animated computerized demonstrations of evidence. Assistant District Attorney, Brian J. Carney, who heads the new unit, says, "the new technology will help everyone in the criminal justice system. It will permit better presentation of the evidence to the judge and the jury."

Brian J. Carney

Defense attorneys complain about costs of the new technology. Carney’s response is, "that would be like saying when cameras first came out, if they didn’t have one, photographs couldn’t be used. We can’t stop technology from being involved." "Ultimately," said Carney, "it comes down to the credibility of the evidence and the witnesses."

Note: For more information contact Assistant Suffolk County District Attorney Brian J. Carney, One Bulfinch Place, Boston, MA 02114-4000, (617) 619-4000.

America's Prosecutors Condemn Not Only Racial Profiling, But Any Other Disparate Treatment Of Any Person By The Criminal Justice System Based On Race Or Ethnicity

Kentucky Center For School Safety Names Jon Akers As Its Director

Jon Akers, Director Kentucky's Center for School Safety

Jon Akers, long time high school principal of both Bryan Station and Paul Laurence Dunbar High Schools, has been appointed as Director of Kentucky’s Center for School Safety. Akers brings a great deal of "real-life" experience to a job which is responsible for overseeing Kentucky’s efforts to make schools safe.

• Establishment of a clearinghouse of information concerning school violence prevention;
  
• Provide or coordinate training, technical assistance and program development to schools, justice/law enforcement agencies and communities;
  
• Evaluate existing school safety programs;
  
• Administer grants to local districts;
  
• Promote interagency efforts to address school discipline and safety issues;
  
• Prepare and disseminate information on "best practices" in creating safe and effective schools;
  
• Report annually to the Governor, State Board of Education and Legislature on the status of school safety in Kentucky.

The American Bar Association Appears To Be Losing Its Influence In The Appointment Of Federal Judges

The Bush Administration has begun the process of interviewing possible candidates for federal judgeships without consulting the ABA.

For some time, the ABA has been criticized as being nothing more than a special interest group for trial attorneys and criminal defense attorneys.

More recently, the ABA has been faulted for adopting positions such as the right to abortion and a call for a moratorium on executions.

Many of the ABA policies clearly do not represent those of all of America's lawyers and they should lose their influence.

Kentucky's Prosecutors Establish Committee To Recommend Training For Prosecutors
CLE Committee will identify training needs for prosecutors and review and recommend proposals to the Prosecutors Advisory Council.

Proposals for training of Kentucky’s prosecutors are frequently received from state and federal agencies. Such proposals will be reviewed by this CLE committee and its recommendations will made to PAC.

Sexual Assault Victims To Receive Better Treatment Under New Nurse Examiner Program (S.A.N.E.)

Anita Capillo, S.A.N.E. Program Manager

S.A.N.E. Examination Room

On January 1, 2001, the Lexington Division of Police started a new program called the S.A.N.E. Program, which stands for Sexual Assault Nurse Examiner Program. This program was developed through the efforts of the Kentucky Department of Justice Cabinet, the Commonwealth's Attorney's Office, Fayette County Attorney's Office, Bluegrass Rape Crisis Center, the University of Kentucky Hospital, and the Division of Police. The primary goals of this program are to obtain evidence from sexual assault victims using the most modern equipment and up-to-date techniques available, and to provide care in an immediate, compassionate, culturally sensitive way. This is accomplished by nurses who have completed 100 hours of education primarily designed to teach them the proper methods of detecting, gathering and preserving evidence of sexual assaults, and how to properly present the evidence in a court of law.

The criteria for a sexual assault examination are: 

the victim must be the age of 14 or above; 
the sexual assault must have occurred within the last 96 hours or 4 days;
and the victim must have a medical evidence screening immediately prior to the exam. 

There is no charge to the victim for the evidence collection examination.

The program is one of only two law enforcement based S.A.N.E. programs in the United States that we are aware of. The program is being financed through a Federal Violence Against Women Act matching grant obtained through the Kentucky Department of Justice.

The exam room is located at the University of Kentucky Trauma Center. Dr. Lee Irwin, who is on staff at Central Baptist Hospital as well as University of Kentucky Hospital, is the S.A.N.E. Program Medical Director.

Ms. Anita Capillo is the program manager and a full-time employee of the Division of Police. Currently there are three nurses contracted to this program that, along with Ms. Capillo, perform all of the exams.

Political Correctness Invades The Criminal Justice System
Once again the Politically Correct Police have ridden into our lives to save us all from ourselves.  Harsh labels such as "alternatives to incarceration" must be changed, they say.  And changed they were.

Once again the Politically Correct Police have ridden into our lives to save us all from ourselves. They appeared at the most recent meeting of the "Alternatives to Incarceration" committee meeting last week in Frankfort.

Some time ago the cruel and insensitive "probated jail sentence" and "parole from prison" was changed to a fuzzier, friendlier "alternatives to incarceration."

Even "alternatives to incarceration" seemed too judgmental for the Politically Correct Police last week. The Chair of the committee, Ernie Lewis, head of Kentucky’s public defender system, said " ‘community sanctions’ was the favored phrase." Favored by whom, one might ask, the criminals?

Continuum of sanctions
Graduated sanctions
Sanction Alternatives

How difficult it was to reduce crime to present levels. (Let's not back-slide).
To pay attention to who is making decisions about Criminal
Justice issues. (We can’t permit the fox to guard the chicken house).

An examination of the committee make-up and other important issues. Why do the Politically Correct Police to have so much influence on this Kentucky Criminal Justice Council Committee?
A Glossary of Politically Correct Criminal Justice terms.

An Attempt To Prevent Vote Fraud - Bill Would Require Voter ID To Plug Loophole In Kentucky's Election Law
Since 1995 Fayette County Grand Jury and Fayette County Clerk Don Blevins have been recommending that all voters must produce photo ID.

Now, the law only requires that voters sign an affidavit swearing to their residency. The present system invites fraud, according to Fayette County Clerk Don Blevins.

Since 1995, the Fayette County Grand Jury has likewise complained that the failure of the law to require proof of identification is an invitation to fraud. For example, the June, 1999 Grand Jury Report said:

In the past, persons have been indicted for deliberately voting in precincts other than the one in which they reside. The "Motor Voter" law now allows persons to vote in precincts where they currently claim to reside, upon the completion of an Oath of Voter form." June, 1999 Fayette County Grand Jury Report.

Lexington Sen. Ernesto Scorsone questioned whether such a change was needed. Blevins stated that without the ability to identify such fraudulent voters through proof if identification, prosecution would be almost impossible.

This proposed law makes a much needed change in our election laws.

Legislature Considers Law To Suspend Driver's License From Gas Station "Drive-Offs"
They are also called thieves by police and prosecutors.

Under the proposed law, sponsored by Rep. Tim Feeley of Crestwood, "drive-offs" would lose their driver’s license for 6 months upon a second or subsequent conviction.

This law is a great idea. Let’s hope it passes.

December, 2000 - Another Busy Month For Kentucky's Parole Board

Kentucky’s Parole Board had another busy month in December, 2000.

238 were granted parole,

308 were deferred for consideration later, and

300 were given a "serve-out."

Crime In America - Homicide 1999

The Department of Justice recently released 1999 national homicide statistics. Those statistics permit the following conclusions:

In 1999, 15,553 persons were murdered in the United States. The 1999 number is down 8% from 1998 and down 28% from 1995.

Firearms were used in approximately 7 out of every 10 murders committed in the United States in 1999.

Handguns were used in 51% of 1999 murders. Knives were used in 13% of the cases; personal weapons (hands, feet, fists, etc) 7%; and blunt objects in 6% of all murders.

42 enforcement officers were slain in the line of duty during 1999, nineteen fewer than in 1998.

In 1999, 50% of murder victims were white, 47% were black, and 3% were other races.

76% of murder victims were male.

88% of murder victims were 18 years old or older.

In Lexington, Kentucky 11 murders occurred in 2000. Although 11 is still too high a number, it is a significant reduction from 1999 homicides in our community.

Kentucky Legislature Considers Bills To Require DNA Samples From All Convicted Felons
Kentucky prosecutors support any effort to identify the guilty, and protect the public.  As usual, ACLU doesn't like the idea.

In addition, last year, The National Association of District Attorneys passed a resolution which reaffirmed the stance of prosecutors for a truth-based justice system and supported DNA testing at any point in a criminal case when it will conclusively prove the guilt or innocence of a suspect.

Despite these complaints, many past crimes have been solved across the country by these DNA comparisons. After all, isn’t protecting the public from criminals the primary purpose of government?

Kentucky Prosecutors Named To National District Attorneys Association Board Of Directors

Ray Larson

Fayette Commonwealth’s Attorney Ray Larson was elevated recently to State Director At Large by Robert Johnson, President of the National District Attorneys Association. Larson had just completed a two-year term as Kentucky’s representative on the NDAA Board of Directors.

Paul Cowden

Succeeding Larson as Kentucky’s representative on the Board will be Montgomery County Attorney Paul Cowden. Cowden will serve a two-year term.

Karen Blondell

Karen Blondell, Commonwealth’s Attorney from Bell County, was selected by the Kentucky Prosecutor’s Advisory Council to succeed Cowden after the completion of his term.

The NDAA serves as "The Voice of America’s Prosecutors" on national criminal justice issues, and is frequently called on by the President and Congress for its expertise. The Board of Directors serves as the policy making arm of the NDAA.

Hardin County Jury Says Kidnapper-Murdered Deserves Death Penalty.
Killer escaped from Oklahoma prison where he was serving four life-without-parole sentences for murders there.

When the "we know what’s best" group tell us that a life-without-parole sentence makes the death penalty unnecessary, we should suggest they explain that to the widow of St. Clair’s latest victim.

They may not like the death penalty, but the average citizens who sit on juries across the country are fed up with aggravated murderers and continue to recommend death sentences.

Kentucky Department Of Juvenile Justice Hires Person To Spearhead Efforts To Solve "The Disproportionate Number Of Minority Youths Who Are Incarcerated" Problem.

A recent publication by The United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention, The 1999 National Report Series, Juvenile Justice Bulletin, Minorities in the Juvenile Justice System, Dec., 1999, provides some information about juveniles who commit various crimes.

It reported,

"Black youth accounted for 15% of the juvenile population in 1997, but 26% of all juvenile arrests and 44% of arrests for violent offenses."

As to who committed specific violent crimes, it reported:

Traditionally, judges for both adult and juvenile cases look at the seriousness of a charge or conviction facing the defendant and also the evidence which supports the charge before making a sentencing decision.

If the charge or conviction is for a serious violent crime, then the judge has a significant obligation to the law-abiding public to protect them from such a dangerous person. That usually means incarceration.

It is irresponsible and simplistic to automatically assume that because any race is over-represented in jail, that the reasons are racial. Some may actually be dangerous. If we ever forget that the fundamental purpose of our government is to do all that it can do to guarantee the safety of the public, then we will have lost hope for a civilized society.

Two Long-Time Commonwealth's Attorneys Retire

Willie Mathis	Bill Barnett

Two of Kentucky's most experienced Commonwealth's Attorneys, Willie Mathis and Bill Barnett, retired effective July 30, 2000.  They have been friends since college.

Mathis graduated from Georgetown College in 1963 and UK Law School in 1966.  He practiced law in Boone County and served in the U.S. Army Reserves.  On September 1, 1974, Mathis was appointed by Governor Wendell Ford to become the first Commonwealth's Attorney for the newly created 54th Circuit (Boone and Gallatin Counties).

Bill Barnett has been Commonwealth's Attorney for the 50th Circuit (Boyle and Mercer Counties) since January, 1976.  Barnett also graduated from Georgetown College (1964) and UK Law School (1967).

A Jefferson County Jury (Made Up Of Average Citizens:  Men And Women, Blacks And Whites) Say The Murder Of An 8-Year-Old Boy And His Mother Deserves The Death Penalty

"The death penalty...is a horrific punishment.  But this was a horrific crime."

"The recommendation of the jury was entirely appropriate."

Louisville, KY - An 8-year-old boy was found dead in his bed. His wounded 5-year-old brother was found next to him. Their mother was dead in another room. All of them were stabbed several times.

Source: "Man sentenced to death in slayings," by Kim Wessel, The Courier-Journal, Sec. B, pg. 4, Saturday, February 4, 2001.

Prosecutors Pleased That Defense Attorneys Finally See Importance Of DNA Evidence.
Now maybe they will agree that every convicted felon should be required to provide a DNA sample.

Lexingtonprosecutor.com Web-Voters were recently asked,

"Should convicted felons be required to give DNA samples for comparison in future crimes?"

99% of Web-Voters said YES!

Convicted felons have broken our laws. Criminologists confirm that a small percentage of those criminals commit most of the crimes. Frequently, hair, blood or semen (containing DNA) is left at the scene of a crime. As a result, it makes great sense to collect DNA samples from convicted felons to compare against evidence found at the scene of other crimes.  We all want to insure that only the guilty are prosecuted.

Kentucky's Juvenile Justice Committee Wants To Know:
Why are 38% of juveniles in detention black when they only represent 11% of the population?

It reported,

"Black youth accounted for 15% of the juvenile population in 1997, but 26% of all juvenile arrests and 44% of arrests for violent offenses."

As to who committed specific violent crimes, it reported:

Traditionally, judges for both adult and juvenile cases look at the seriousness of a charge or conviction facing the defendant and also the evidence which supports the charge before making a sentencing decision.

If the charge or conviction is for a serious violent crime, then the judge has a significant obligation to the law-abiding public to protect them from such a dangerous person. That usually means incarceration.

It is irresponsible and simplistic to automatically assume that because any race is over-represented in jail, that the reasons are racial. Some may actually be dangerous. If we ever forget that the fundamental purpose of our government is to do all that it can do to guarantee the safety of the public, then we will have lost hope for a civilized society.

Is It Really Better If The Guilty Go Free?

The Legendary John Paul Runyon, Pike County Commonwealth's Attorney, Retires After 30 Years
The tall, silver-haired prosecutor became a legendary prosecutor from Kentucky's mountains.

John Paul Runyon has retired after 30 years as Pike County's Commonwealth's Attorney.  Runyon was elected as Commonwealth's Attorney in 1970.  Before that, he served as Pike County Attorney.

During his 30-year tenure as Pike's top prosecutor, he served on numerous commissions, boards and committees dedicated to the improvement of Kentucky's criminal justice system.  In addition, Mr. Runyon served as President of the Kentucky Commonwealth's Attorneys Association.

Because of his vast experience as a trial attorney, Mr. Runyon's expertise was invaluable to young prosecutors throughout Kentucky.  His effectiveness as a trial advocate is legendary in the mountains of Kentucky.  He will be missed by his fellow prosecutors.

Parole - They Just Keep Rolling Them Out
1,627 prisoners considered for parole in October & November of 2000 alone.

Members of Kentucky’s Parole Board are appointed by the Governor. The Parole Board meets regularly to decide whether prison inmates convicted of felonies should be freed before they have served their sentences.

Many Kentuckians can’t understand why any group like the Parole Board should have the authority to ignore a sentence recommended by a jury, and imposed by a judge, and let convicted felons out of prison early.

The Kentuckian’s Voice for Crime Victims, a powerful crime victim’s rights organization, said in its December, 2000 newsletter:

"In recent months, several new members of the Parole Board have shown leniency and seemed to show more interest in the rights of the convicted violent offenders."

More and more citizens are beginning to believe that Kentucky should follow the federal example and abolish the parole system altogether and require inmates to serve 85% of the sentence they receive from judges and juries.

Just in October and November of 2000, over 1,600 prisoners were considered for parole by that board.

433 of those prisoners were paroled;

581 were deferred to be considered again at a later date, and

596 were required to serve-out their sentence.

Before we get too excited about 596 being required to "serve-out," it is important to know that as soon as a prisoner arrives at the prison, 25% of his/her sentence is subtracted for what they call "good time credit." That’s before they’ve earned it.

It shouldn’t be a surprise to anyone that the public has little confidence in the criminal justice system.

OxyContin: Pain Pill Gains Popularity With Drug Dealers & Addicts
Known as "killers" because of deaths associated with overdoses.

OxyContin, a morphine-like drug prescribed for pain, is stirring up a new and dangerous crime wave by drug dealers and addicts around the nation. The white tablet, with a time-release coating, is snorted or injected and generates a "high" similar to heroin.

In some communities OxyContin has surpassed cocaine and marijuana in use. OxyContin tablets are called "killers" in some areas because of the number of overdoses associated with its use.

In areas where the illegal use and trafficking of OxyContin occurs, police report increases in fraudulent prescriptions and pharmacy break-ins. The illegal use of legal drugs through such activities as prescription fraud and doctor-shopping for prescriptions continues to be a major problem in Kentucky.

With new programs which focus on the detection of the illegal diversion of legal drugs now available to law enforcement, the emphasis on these crimes has increased.

See:  Prescription Fraud Cases Up 91% In Lexington For 2000.

Northern Kentucky Bar Association Honors Retiring Prosecutor Lou Ball As It's "2000 Distinguished Lawyer Award" Recipient
Years of "Dedication and Service to the people of Campbell County" praised.

Lou Ball, Campbell County Commonwealth's Attorney

Outgoing Campbell County Commonwealth's Attorney Lou Ball was honored by his peers in the Northern Kentucky Bar Association.  He received it's "2000 Distinguished Lawyer Award."

Ball has served as Campbell County Commonwealth's Attorneys since 1975.  He served four terms and retired at the end of his last term on December 31, 2000.

A graduate of the University of Kentucky College of Law, he served as President of the Commonwealth's Attorneys Association in 1991 and was a member of the Prosecutors Advisory Council.  In 1985 he was named Kentucky's Outstanding Commonwealth's Attorney.

Fayette County Grand Jury Reports:
The Opportunity For Vote Fraud Exists Under Kentucky's Elections Laws; Makes Recommendations

Election Law changes require legislative action
Finally, the Grand Jury stated that these changes cannot be unilaterally implemented by Kentucky’s County Clerks, but will require changes in our laws by the Kentucky General Assembly, and changes in the forms distributed by Kentucky’s Secretary of State.

America's DA's To Hold Nationwide Ethics Symposium
Ethical investigations and prosecutions important to America's DA's.

Pay Attention To The Kentucky Criminal Justice Council
Prosecutors urge the public to keep a sharp eye out on this group.  The public is concerned about its safety, and our elected and appointed officials need to remember that.

Prosecutors and law enforcement are concerned about the direction of this Council.

It is this sort of attempt to de-criminalize crime that causes prosecutors to be concerned about the direction of the Kentucky Criminal Justice Council.

Who Is Behind The Decriminalization Of Drugs Push?
Former Health, Education and Welfare Secretary Joseph Califano has branded George Soros "the Daddy Warbucks of drug legalization."

"Every single district attorney in the state opposes this initiative, which is supported by billionaire speculator George Soros, a major backer of efforts to legalize marijuana in other states. But this proposal is not limited to marijuana - it would apply to all illegal drugs, even the most dangerous. We urge all who are worried about the damage drugs can do to vote "no."

Source: "The Money Behind Question 8," by Alex Beam, 11/2/00 edition of the Boston Globe.

Web-Voters Were Right!  Internet Notification About Sex Offenders Doesn't Get The Word Out
Proposed law will have sheriffs going door-to-door again.

Rep. Jon Draud, from Northern Kentucky, said that change was a bad idea, and he has filed a bill which would bring the sheriff back into the notification business.

If the Legislature had listened to the citizens Megan's Law is designed to protect, instead of the Kentucky Association of Criminal Defense Lawyers, they would have realized that the internet notification scheme was a lousy idea in the first place.

On April 21, 2000 www.lexingtonprosecutor.com voters were asked:

"Is the internet sufficient notice that a sex offender is going to live in your neighborhood?"

99% of Web-Voters said: NO, Internet notification is not sufficient notice!

We said then that such an overwhelming rejection should come as no surprise to anyone. Today, a large number of people don't even own a computer, let alone cruise the internet on a scavenger hunt for the "sex offender registry" page of the Kentucky State Police web-site. Internet notification might be just what the doctor ordered someday, but not yet.

The public does have a right to know that these offenders are being released and that they plan on living in a particular neighborhood.

Maybe we were spoiled by the Fayette County Sheriff's Office. Under the old law, the responsibility for notification was assigned to the sheriff's office. As a result, when a sex offender was released, Fayette County Sheriff Kathy Witt sent her deputies to the neighborhood in which the sex offender planned to live. They went door-to-door notifying all of the residents of that neighborhood of their new neighbor and that he/she was a sex offender.

If the idea is to protect the public, as it should be, then the door-to-door notification is best. Good for Rep Jon Draud for trying to fix the mistake. 

America' D.A.'s Speak Out:  Support DNA Testing When It will Conclusively Prove The Guilt Or Innocence Of A Suspect In A Criminal Case
Prosecutors emphasize prosecuting only the guilty, and protecting the public.

Prosecutors only want to prosecute those guilty of crimes.  Since 1998 all 50 states have allowed authorities to draw DNA from convicted murderers, rapists and others and store those genetic profiles on computers.  Matching those profiles to DNA left at other crime scenes has solved other crimes.  For example, in New York recently a man was accused of 3 sex killings dating back to 1987 after investigators used new DNA technology to link the crimes.

Prosecutors and police say: use DNA to solve crimes and exclude the innocent.  With DNA technology becoming so sophisticated, police and prosecutors believe that full advantage of the power of DNA technology should be used to solve crimes and protect the law-abiding public.

Defense attorneys object to using legally obtained DNA to solve other crimes.  As expected, criminal defense attorneys don't like the idea of using a DNA sample given voluntarily to aid investigators to link the donor to other unsolved crimes.  They say the practice is coercive and amounts to an unauthorized search.

Isn't protecting the public from criminals a fundamental purpose of government?  Despite their complaints, many past crimes have been solved by these DNA comparisons.  After all, isn't protecting the public from criminals sort of a fundamental purpose of government?

Kentucky's Prosecutors Applaud Phil Patton's Leadership As President Of Commonwealth's Attorneys
Improvements in prosecution, and tragic murder of a fellow prosecutor, mark Patton's term as President.

It was a year of highs and lows. The high was the improvement of the offices of Kentucky's felony prosecutors, and the low was the brutal murder of one of our own. Phil proved to be the right man for the job.

Soon after he took office the 2000 Session of the Kentucky Legislature convened. Under Phil's leadership and persistence, we were able to obtain funding for more full-time offices, as well as the improvement of staff salaries and expense allowances.

He successfully coordinated our legislative efforts during the meeting of the General Assembly. Most years our legislative achievements can best be described as doing all we can to prevent some proposals from becoming laws. 2000 was no exception.

In June the quiet concern we all share, the daily danger prosecutors must face, became a tragic reality. Our fellow Commonwealth's Attorney Fred Capps was murdered defending his home and family from a defendant who was scheduled to be tried that day. We were all unified by our grief and almost all of us attended Fred's funeral in Burkesville.

Phil's year ended with the creation of two major awards given by the Commonwealth's Attorneys Association. "The Fred Capps - Lifetime Achievement Award" was created to recognize a person who has exhibited a lifetime dedication to the betterment of criminal justice.

The second award was "The Fred Capps Memorial Scholarship" to be presented to a deserving law student from one of the four counties of the 29^th Judicial Circuit, which Fred represented.

Thanks Phil, for a job well done.

Thefts From Autos A Problem In Lexington, Especially This Time Of Year.
Too many people are careless -- items left in plain view -- don't lock their cars.

Holidays are expected to drive up the numbers of purses, packages, phones and other items stolen from parked cars, especially in the malls. Car windows break easily. Trunks can be pried open. Then things left in the car are gone. It only takes a second.

A large percentage of the property crimes in Lexington are LFA's. Through October, 2,475 LFA's have been reported. It is a problem year around, but it's worse during the holidays. It has to do with people being careless - - leaving purses, coats and cell phones out in the open. Too many people just don't lock their cars.

Warning to Shoppers:  lock your car and hide your valuables.

"Fred Capps - Lifetime Achievement Award" Created By Kentucky Prosecutors To Honor Memory Of Their Slain Colleague
Catherine Capps accepts first award at prosecutors' training conference.

The first "Fred Capps - Lifetime Achievement Award" was presented posthumously to Fred Capps' widow, Catherine Brown Capps, at the 2000 Prosecutor's Winter Training Conference in Lexington, Kentucky.

Phil Patton, President of the Kentucky Commonwealth's Attorneys' Association, expressed both the admiration for Fred's character and career, and the sense of loss that all prosecutors continue to experience as a result of his untimely death.

Other Awards:

Steve Wilson, of Bowling Green, and Commonwealth's Attorney for the 8^th Judicial Circuit, received The Carroll E. Redford Award as Kentucky's Outstanding Prosecutor for the year 2000.

Tom Handy, of London, and Commonwealth's Attorney for the 27^th Judicial Circuit, received The President's Award for outstanding service to Kentucky's prosecutors during the past year.

Senate Majority Leader, David Williams, and Catherine Capps Present First "Fred Capps Memorial Scholarship" To Burkesville Law Student Angela Moon

The Kentucky Commonwealth's Attorneys' Association created the Fred Capps Memorial Scholarship to honor the memory of slain prosecutor Fred Capps.

The $1000 award is presented to a deserving law student who is from any of the four counties which comprise the 29^th Judicial Circuit which Fred Capps represented as Commonwealth's Attorney.

The scholarship was presented to Angela Moon of Burkesville, Kentucky by Catherine Capps. Ms. Moon is a 1^st year law student at Chase Law School at Northern Kentucky University.

Senator David Williams, a lifelong friend of Fred Capps, described the loss the entire community felt upon Fred's death and the appropriateness of the memorial scholarship. He said:

"All officers and men stood nobly at their posts. The hand of death has snatched a brave, true man from our midst...I sorrow for him, and beg leave to pay the last tribute I can to a friend -- a word of praise and a tear of mingled pride and sorrow for his gallant death."  From the 1862 Report of Lt. Col. John C. Black of the Illinois Infantry.

In addressing Kentucky's felony prosecutors, Senator Williams was also reminded of a scene from the movie Glory, in which a commanding officer said to his men before battle,

"If this man should fall, who will carry on with the colors?" Cries of "I will - I will," pierce the air. Every man is prepared to carry on with the colors as they fight for what is right.

New President Of Kentucky's Commonwealth's Attorneys' Association George Moore, of Mt. Sterling

George Moore, of Mt. Sterling and Commonwealth's Attorney for the four county 21^st Judicial Circuit, has assumed the Presidency of the Kentucky Commonwealth's Attorneys' Association. He succeeds Phil Patton of Glasgow.

Moore assumed presidency at the 2000 Winter Training Conference which was held November 29^th through December 1^st in Lexington, Kentucky.

Other Association Officers:

Board of Directors of Kentucky Commonwealth's Attorneys' Association:

As president of Kentucky's felony prosecutors, Mr. Moore will serve as spokesman for the policies of the association and its directors on criminal justice matters. That role takes on increased significance at the public approved annual sessions for Kentucky's Legislature. The Legislature will meet soon after the year.

Prescription Fraud Cases Up 91% In Lexington For 2000
New prescription monitoring programs credited for assisting law enforcement.

Law enforcement credits new prescription monitoring programs, along with training additional officers, with the increase in identifying more individuals who are committing this crime.

Employee Theft Expected To Be #1 Problem For Store Owners This Holiday Season
Catching and convicting dishonest employees to be a priority.

Stealing by employees accounts for more than 44% of all losses by retailers nationwide. The labor shortage may be part of the problem, as retailers must hire people as quickly as possible, thereby allowing more dishonest employees into the workplace.

The typical dishonest employee causes a loss of $1,023.00.

A dishonest employee typically works for his or her employer an average of 9 months.

The value of merchandise taken by the typical shoplifter is $128.00.

Manufacturers are "source-tagging" more merchandise. "Source-tagging" is the process by which manufacturers are applying anti-theft labels to products at the factory so that the products arrive at the store already protected against theft.

Prosecutors To Hold Winter Training Conference In Lexington
First "Fred Capps Lifetime Service Award" to be presented to Cathy Capps.

President of the prosecutors, Phil Patton of Glasgow, said that Governor Paul Patton and First Lady Judi Patton will attend the Thursday evening banquet.

This event marks the first time Kentucky’s felony prosecutors will gather as a group since most attended the funeral of slain Commonwealth’s Attorney Fred Capps in Burkesville, Kentucky. During the Thursday luncheon the inaugural Fred Capps Memorial Scholarship will be presented to a law student from the four-county jurisdiction which Fred Capps represented.

The Fred Capps Lifetime Achievement Award will be presented to Fred’s widow, Cathy Capps. The Carroll Redford Award, given annually to Kentucky’s Outstanding Commonwealth’s Attorney, will also be awarded.

New DNA Technology Leads To Indictments In 3 Old Sex Killings In New York.
DNA solves crimes and eliminates innocent.  Why not obtain a DNA sample from every criminal convicted of a felony?

WHITE PLAINS, N.Y. (AP) - A man was accused Wednesday of three sex killings going back to 1987 after investigators used new DNA technology to link the crimes.

DNA technology is becoming so sophisticated that many believe that it will be the great crime solver in the future.  There are many who advocate that any person convicted of a felony should be required to provide authorities with a DNA specimen.  Some states have already begun to collect DNA specimens from some defendants convicted of specific crimes.

DNA evidence recovered at crime scenes could then be compared to the database of DNA specimens collected from defendants convicted of felonies.

Because DNA comparisons from evidence obtained at crime scenes can be used to eliminate or convict suspects, it is essential that we do all we can to ensure that the guilty person is apprehended and convicted.  It is time to discuss the collection of DNA samples from convicted felons in Kentucky.

Source: Jim Fitzgerald, The Associated Press, 11/15/00.

The Public Is Concerned About It's Safety - But Does The Criminal Justice System "Give-A-Hoot?"
Or do they only care about letting criminals out ASAP to save $$$$ and gamble with the safety of the public?

The price of wholesale probation and parole may be too high.
The safety of the public must come first.

Over and over we hear the anti-punishment gang shout: "It costs too much to keep a convicted criminal in prison. We could save lots of tax dollars if only we would put convicted criminals on probation and just have a probation officer supervise them."

After all, they say, it costs about $15,000 to keep a prisoner in prison each year, and it would only cost $1,200 to supervise that same prisoner if he was back on the streets on probation. Think of the cost savings, they say. They seem to be placing a price-tag on the safety of the public. For too many of our law-abiding citizens, that price is too high.

Like Alan Porter, Jr., 29, who was employed as a clerk at a BP Station in 1996. During an armed robbery, he was shot in the face and chest by Conrad "Kato" Flood III, who happened to be on probation for a previous assault conviction.

Porter was described by his doctor, William Schreiber as, ". . .a decent kid who was trying to make his way in the world. Now he is hurt and beat up." Schreiber wrote in a report, "this gunshot wound has been devastating to his life. He is fearful, unable to sleep and depressed . . . . The traumatic event essentially ruined this young man’s life."

Alan Porter’s total medical expenses, so far, are $642,202. So much for saving all that money by putting a convicted assaulter on probation and back on the streets. That, of course, doesn’t even consider the devastation of Mr. Porter’s quality of life.

Flood pleaded guilty to attempted murder and robbery and was sentenced to 20 years. He is now serving 25 years, including time on another offense, and will be eligible for parole next May, 2001. If he is forced to serve his entire sentence, he would be released in 2021. Alan Porter, a totally innocent victim, has been sentenced to a life of pain and disability, thanks to a previously convicted criminal, who should have been in prison at the time of the robbery anyway.

Is crime by probationers and parolees a problem? According to Civic Report No. 7, August, 1999, by the Center For Civic Innovation, Manhattan Institute:

"On any given day there are more than 3 million probationers living in communities across the United States. More than half of them have been convicted of felonies. . ."

". . . hundreds of thousands of violent crimes are committed each year by people on probation."

" The roughly 162,000 probationers returned to state prisons in 1991 were responsible for at least:

6,400 murders;
7,400 rapes;
10,400 assaults, and;
17,000 robberies.

In addition, Morgan Reynolds, a Texas A&M economics professor and director of criminal justice at the National Center for Policy Analysis in Dallas, recently reported:

"Criminals under supervision commit 15 murders a day in the United States."

So what are the costs of crimes committed by criminals while they are on probation or parole?  Isn’t the government obligated to provide, as best it can, for the safety of the public?

What does the public expect? According to Civic Report No. 7, August, 1999. Id., the public wants:

The sentence to fit the crime, the offender and the circumstances;
To know that a sentence is a sentence, and that everyone will abide by it;
To know who is in their neighborhood;
To be told if someone is dangerous, or not.

The safety of the public must be the paramount consideration before any convicted criminal is released on probation or parole. Don’t just tell us that we will save a great deal by placing convicted criminals on probation in our communities. The public deserves more than that. And certainly don’t tell that to Alan Porter, Jr.

Source:  Louisville Courier-Journal and National Center For Policy Analysis.

Photos Of Kentucky Prisoners & Facts Of Their Crimes Soon To Be On The Internet
Victims rights groups pleased with decision.  Defense attorneys complain.

Photos of prisoners;

Details of their crimes;

Date of scheduled release or parole hearing;

Info about inmates on parole;

In November, 2000 the Kentucky Offender On-line Lookup (KOOL) will become part of Kentucky’s Department of Corrections web-site.

Source: "State to put inmates’ data on Web" by Chris Poynter, The Courier-Journal, Nov. 7, 2000

Kentucky Prosecutors Take the Lead In The Fight To Both Prevent And Prosecute Juvenile Crime
Juvenile Justice Summit introduces innovative prosecutor programs designed to prevent and prosecute juvenile crime.

Kentucky’s prosecutors are taking the lead in the fight to prevent and prosecute juvenile crime. They are developing innovative approaches to address the troublesome problems created by crime committed by Kentucky’s young people.

Last week Kentucky prosecutors, judges, victims' advocates, probation officers and social workers assembled in Lexington to learn about successful juvenile crime prevention and prosecution programs which have already been tried in communities throughout the Commonwealth. $100,000 in local grants funded these innovative prevention and prosecution projects.

Presentations were also made concerning Truancy Courts, Teen Courts and Juvenile Drug Courts.

Tennessee Prosecutors Honor Memory Of Slain Kentucky Prosecutor Fred Capps

On Wednesday, October 25, 2000, the Tennessee District Attorneys General honored the memory of slain Kentucky Prosecutor Fred Capps.

Dan Alsobrooks, President of the Tennessee District Attorneys General, presented a plaque to Fayette County, Kentucky Commonwealth's Attorney Ray Larson, who represented Cathy Capps, the widow of Fred Capps, at their annual training conference in Chattanooga, Tennessee.

The inscription on the plaque read as follows:

In addition, the Tennessee prosecutors presented a $500 check to be donated to a cause chosen by Cathy Capps.

The murder of Fred Capps by a defendant is a tragic reminder to all citizens that the prosecutors and police officers who enforce our laws in communities across our nation do so at great risk to their lives and safety.

The thoughtfulness of Tennessee's prosecutors is appreciated by not only Cathy Capps, but all of Kentucky's prosecutors.

abcNEWS.com Reports "Pee Peddler" Fights For Right To Sell His Own Urine To Prospective Employees Who Must Face Drug Tests
Will drug tests for criminals be next?

For $69 customers can get 150 mm of frozen urine, certified to be drug-free, and comes in an easy-to-conceal, strap-on vinyl pouch that dispenses from crotch.
Read the entire story at:
http://abcnews.go.com/sections/us/WolfFiles/wolffiles135.html

The Demographics Of Murder In The Last 20 Years
FBI reports that murder victims are getting younger and murder affects blacks the most.

The FBI recently released the results of its research study of crime-report data from 1978 to 1998.  The study, which was included in the FBI's 1999 Uniform Crime Reports, is the most comprehensive survey done by the FBI in 20 years.

AGE & MURDER  According to the FBI report, murder victims are getting younger.  20 years ago, people in their mid-to-late 20's had a higher homicide rate than other age groups in the United States.  But in the 1990's, those figures have changed dramatically.  Now, homicide victims are mostly in their early-to-mid 20's.

VICTIMS & MURDER  The FBI reported that homicide rates have declined for the last eight years.  For example, there were fewer homicides in 1997 (18,210) than there were in 1973 (19,640).  However, according to the FBI, black males are hit the hardest.

In 1997:

1 out of 40 black males was a homicide victim.
1 out of 199 black females was a homicide victim.
1 out of 288 white males was a homicide victim.
1 out of 794 white females was a homicide victim.

RACE & MURDER  Robert J. Castelli, a scholar at the John Jay College of Criminal Justice at the City University of New York, said "drug fights can take much of the credit for the killings.  Drugs have ravaged users and sellers alike, particularly in the crack-cocaine and heroin turf wars in the late 1980's and early 1990's."

"Drug offenders have also gotten younger over the past few decades," he said, "and their propensity for violence has evolved to unprecedented brutality when money and power on the streets are at stake."  Castelli noted that much of the violence was in urban areas where minorities are in the majority.

According to the FBI report:

45% of the killers were white.
50% of the killers were black.
5% of the killers were of other races.

In addition, the study reported:

85% of white victims were slain by white offenders.
94% of black victims were slain by black offenders.

2000 Sees Dramatic Rise In Number Of Repeat-Offenders Arrested & Charged With Felonies In Lexington

In just 10 months of 2000, 248 Repeat Offenders (Persistent Felony Offenders - PFO's) have been arrested and charged in Lexington, whereas in all of 1999, only 206 were charged.  These repeat offenders paint a worrisome picture.

Repeat Offenders Have Significant Criminal Records
As a group, these 248 defendants have been convicted of 3,749 felonies or misdemeanors.  That's an average of 15.11 prior convictions each.