#WhyIAmAProsecutor (9/5/2017)

From the Office of Lou Anna RedCorn
Fayette Commonwealth’s Attorney
 
Hello! We are working hard enforcing the laws, helping crime victims, and striving to keep Lexington a safe and healthy place to live. Here is an update on what’s happening in our office. 
“Why I Am A Prosecutor”
Before becoming your Commonwealth’s Attorney in 2016, I was an Assistant for thirty years. I have always been surrounded by hardworking, dedicated public servants – prosecutors, advocates, and staff – who work tirelessly for victims, for public safety and ultimately for justice. I want you to know some of these individuals like I know them. Between now and the end of 2017, we are highlighting some of the women and men of the Fayette Commonwealth’s Attorney Office. In doing this, we are joining with the National District Attorney’s Association, to showcase the ethics, integrity and commitment of prosecutors across the nation. Each working to make their communities a better place to live.

Meet Kimberly, Paco, and Rewa…
While KRS 532.031 is entitled “Hate crimes” it does not create a crime because it does not impose any term of imprisonment. What it does do is this: 
1) permits the judge to use the designation of a hate crime as the sole basis to deny probation or some other form of conditional discharge; and 
(2) permits the Parole Board to consider that designation when delaying or denying parole.

The “hate crime” designation may only be applied to kidnaping and certain assaults, sex offenses, damage to property, arson, riot and disorderly conduct cases. 

In designating a crime a “hate crime” the judge has to find by a preponderance of the evidence (meaning more likely than not), that race, color, religion, sexual orientation, or national origin of another individual or group of individuals , was the “primary motivating factor” in the offense. The finding is made by a judge, not a jury. 

During the 2017 Session, the statute was amended to include law enforcement by adding the following language: “or because of a person’s actual or perceived employment as a state, city, county, or federal peace officer, member of an organized fire department, or emergency medical services personnel.”

Thus, while KRS 532.031 may have some impact on how much time a defendant ultimately serves, it has no impact on the length of a defendant’s sentence. 
Steal from your client? Go to prison!
Robert Williamson
was indicted by a Fayette County Grand Jury in November, 2014, for stealing over $2 million from thirteen different victims. Mr. Williamson knew all of his victims and had developed a working relationship with each of them. They trusted him. He told each of his victims that he would invest their hard-earned money and he guaranteed a substantial return on the investment. The victims were planning to use that money in their retirements. However, instead of investing the money, he stole it and used it to live his extravagant lifestyle.  Mr. Williamson was on the run from authorities until October, 2016, when he was arrested in Florida and extradited to Kentucky. In May, 2017, Williamson pled guilty to thirteen counts of Theft By Failure to Make Required Disposition of Property over $500. The recommended sentence was 15 years. On Friday, August 4, 2017, Judge Kimberly Bunnell sentenced Williamson to 15 years in prison. The case was investigated by the Department of Insurance and Det. Michael Helsby of the Lexington Police Department, and prosecuted by Assistant Commonwealth’s Attorney Andrea Williams.
Kyle McIntosh
(above) was hired by the victims, a married couple, to help them in their business of buying and restoring old cars. The victims had a medical emergency that kept them from managing the business as closely as they once had. During that time, McIntosh stole over $300,000 from the business. He stole money, cars and parts for cars that he resold and kept the profits for himself. 
McIntosh was indicted in June of 2016, and he pled guilty in April of 2017, to a recommendation of eight years. On Friday, August 4, 2017, Judge Pamela Goodwine sentenced the defendant to eight years in prison. The case was investigated by Det. Michael Helsby of the Lexington Police Department, and prosecuted by Assistant Commonwealth’s Attorney Andrea Williams.  
Sentencings
Lou Anna RedCorn
Fayette Commonwealth’s Attorney
116 N Upper Street, Lexington, KY 40507


Crime Stoppers Shootout!

August 26, 2017


This weekend our Victim’s Advocate Megan Vanover and Assistant Commonwealth’s Attorney Dan Laren participated in the Bluegrass Crime Stoppers Shootout. The Shootout is a fundraising event, with proceeds benefitting Bluegrass Crime Stoppers and the Crime Stoppers in Schools program, including the payment/rewards program that leads to the arrest of those who commit crimes in our community. See the link below for the telephone number and Web Tips to encourage citizens to volunteer vital information helpful to law enforcement agencies to fight against crime. Thanks to Megan and Dan!

http://www.bluegrasscrimestoppers.com/index.aspx

 



An Evening for the Children’s Advocacy Center

August 25, 2017


Our office turned out last night to support the Children’s Advocacy Center of the Bluegrass, Children’s Advocacy Center of the Bluegrass, and to honor our retired Commonwealth’s Attorney Ray Larson. And most importantly – to help raise money for children. It was a great success!



An update from Lou Anna Red Corn (7/13/2017)

From the Office of Lou Anna RedCorn
Fayette Commonwealth’s Attorney
Hello!  We are working hard enforcing the laws, helping crime victims, and striving to keep Lexington a safe and healthy place to live.  Here is an update on recent changes in the law and what’s happening in our office.  
2017 New Kentucky Laws
Most of the new laws from the 2017 Session became effective June 29, 2017. These are some that will affect public safety and victims statewide:
HB 333 stiffens the penalty for trafficking in heroin, fentanyl and carfentanil.  Now selling any amount of these opioids/synthetic opioids and their derivatives is a class C felony, which is a 5-10 year sentence. Traffickers of these drugs will not be eligible for probation, but will be eligible for parole after serving 50% of their sentence.  (Previously the penalty was a class D felony, 1-5 years for less than 2 grams, probation was allowed, and parole eligibility was 15%.)
HB 222 eliminates shock probation for individuals convicted of DUI homicides manslaughter second degree or reckless homicide, and the equivalent degree of fetal homicide.  These are homicides which carry a penalty of 1-10 years.  Before this change in the law, a person convicted of these offenses could request release from custody (“shocked”) after serving between 30 and 180 days of the imposed sentence. The lead sponsor of the bill was State Rep. Robert Benvenuti III, of Lexington.
HB 67prohibits the release of autopsy images, videos or recordings, except under specific circumstances, thereby protecting the privacy rights of the deceased and their family.   
HB 38 prohibits sex offenders from being in a publicly-owned playground unless they have advanced written permission to be on site by the government body (city council, etc.) that oversees the playground.
For a summary of all new legislation, see the Department of Criminal Justice Training Center’s Summary.

Prosecutors Giving Back

This spring, we participated in a state-wide campaign to help reduce hunger.  Through the encouragement and cajoling of Assistant Commonwealth’s Attorneys Taylor Brown and Katie Webster, our office raised over 16,000 pounds of food for the Kentucky Association of Food Banks by collecting food and volunteering at God’s Pantry. This was far more than any other agency in the state making us the Winners of the Legal Food Frenzy Government Division. 
Our cleverly-crafted
Government and
Public 
Services division trophy created by  Katie Webster!
On Saturday morning we wrapped thousands of “hot pockets” at God’s Pantry.
House Bill 40:  
Felony
 Expungements

In 2016, the General Assembly passed a felony expungement law allowing certain Class D felonies to be wiped off a convict’s record. Since July of 2016, our office has received 214 petitions from persons convicted of felonies in Fayette County, requesting to have their convictions expunged.  One-hundred fifty petitions were granted, but sixty-four were denied after we showed the judges that those convictions did not qualify for expungement.  To learn more about what it means to have a conviction expunged visit the  Kentucky Court of Justice website.

All of the Advocates representing the host agencies of our Victims’ Rights event.
Recognizing Crime Victims’ Rights

Prosecutors, Victims’ Advocates, Law Enforcement, Community Partners, Crime Victims and Survivors observed Crime Victims’ Rights Week in April with a resource fair and luncheon at the Fayette Circuit Courthouse. The program was a collaboration between the Fayette Commonwealth’s Attorney, the Fayette County Attorney, the United States Attorney, the Fayette County Sheriff, and the Lexington Police. Five individuals were honored: Catie Embry, David Marye, Kelly Wells, Diana Ross and Leticia Hagerman. Advocates from all of the agencies were recognized and April Ballentine, a crime survivor, shared her inspirational story. 

Sentencings
Lou Anna RedCorn
Fayette Commonwealth’s Attorney
116 N Upper Street, Lexington, KY 40507


THE GREAT SHAKE

by Briana Persley

 

As you know, the Office of the Fayette Commonwealth’s Attorney is big on service within our community.  Today, I had the pleasure of representing our office at The 2nd Annual Great Shake!!  This Partners for Youth sponsored program, led by Jamie Wright, of Northern Elementary School, targets the four domains of language (listening, speaking, reading, and writing), as they become more connected to the seven dimensions of wellness (physical, social, emotional, environmental, spiritual, intellectual, and financial).

Children came dressed for success and ready for a mock interview!!  During interviews, myself and other community volunteers scored students on Handshake Firmness, Eye Contact, Poise, Confidence, and Je Ne Sais Quoi.  To be so young, you would never guess that they could stay focused on the questions at hand, but they did.  It was so nice to see children as young as six years old thinking about their futures and what career path they wanted to choose when they grow up.

Once all the interviews were complete, the scores were tallied.  One young lady broke the record with a score of 207!  She was awarded the 2017 Great Shake Award.

What an accomplishment!

After such a rigorous schedule of three, 10 minute interviews, the students and interviewers worked up an appetite, so lunch was served in the cafeteria.  While eating, positive feedback was given about their interviews, and their table manners and conversational skills were reinforced.  We finished up with a ceremony in the library where five students read their opinion pieces on, “How Can Northern Elementary School Be Improved?”, and the whole group sang us a song that focused on equality and celebration of all people.

Taking part in shaping future generations and preparing them for success was such a wonderful experience!  We wish them all the best and hope that all of their hard work pays off!!

 

 

 



 
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Fayette Commonwealth's Attorney's Office • 116 N. Upper St. • Lexington, Kentucky • 40507