PROSECUTOR NEWS
News and Views From a Prosecutor's Perspective

The Preliminary indications are that both we and Judge John G. Roberts may be spared the ugly food fights that confirmation hearings before the Senate Judiciary Committee can become. However, if Judge Roberts has ever been guilty of jaywalking, you can believe that some shrill special interest group will dig that up and try to make him seem like a threat to the republic.

Even if all goes well and Judge Roberts is confirmed, there are virtually certain to be liberal Senators trying to get his "views" on all sorts of issues and probably demanding confidential government documents that nobody is entitled to get, in order to dig deeper into his "views."

What makes all this a cheap farce is that the very Senators who demand to see confidential memoranda from John Roberts' days in the Justice Department know in advance that no administration of either party is likely to release such confidential material -- not if they ever expect people to speak candidly in the future when their advice is sought.

How important are a judge's views? The great Supreme Court Justice Oliver Wendell Holmes did not hesitate to express his views. In the case of Abrams v. United States, Holmes referred to the beliefs of the people on one side as "a creed which I believe to be the creed of ignorance and immaturity."

But that was the side he voted for. He understood the difference between his views and the law of the land. Too many other judges, too many politicians, and too many in the media, do not.

Justice Clarence Thomas has likewise expressed views contrary to the views of the side he voted for, both on the Circuit Court of Appeals and on the Supreme Court. He too understands that he is not there to impose whatever policy he prefers but, in Holmes' words, "to see that the game is played according to the rules whether I like them or not."

It is a disservice to the country to promote the idea that a judge's "views" on particular policies are what matter.

The idea that conservative judges will vote for conservative policies and liberal judges for liberal policies is the antithesis of what a judge is supposed to do. While some judges in fact vote largely on the basis of their own ideology or policy preferences, that is neither what they are supposed to do nor what all judges have done.

Justice Holmes became a hero to many liberals because his judicial votes on the Court were in several landmark cases in favor of many of the policies and practices that liberals believe in. But this was not necessarily because these were what Justice Holmes believed in. He was at least as conservative as anyone on the Supreme Court today.

What the Senators and the country are entitled to know is how a judicial nominee regards his duty to respect the law as it is written -- especially the Constitution -- rather than vote according to his own "views," whether on abortion, religious symbols, or whatever.

Ideally, judges should respect both the Constitution and the legal precedents, for the same reason -- people rely on the law as it exists when they make decisions and commitments in their lives.

Telling people after the fact that the law is now different from what it was when they made their decisions creates problems for people who acted in good faith. Even a Justice who thought that the 1803 case of Marbury v. Madison was wrongly decided is unlikely to want to overturn two centuries of precedents based on it.

On the other hand, some of the precedents created by judicial activists more recently have gone so completely counter to the Constitution that it is a judgment call whether all of those precedents should continue to be followed. Judges take an oath to uphold the Constitution, not to regard all precedents as set in stone forever.

Respect for the separation of powers should apply to all three branches of government. Senators have no right to try to extort a pledge from a judicial nominee to vote a particular way on cases he has not heard -- and that is what Senators are doing when they talk piously about a "right to privacy" or other buzzwords.

The Elder Abuse Task Force has met a five-year milestone.  We began in the Spring of 2000 with the goal of getting all of the various agencies together which are involved with elder abuse on some level.  The goal was to provide an opportunity for these agencies to share information and strive to prosecute those who perpetrate crimes against some of our most vulnerable citizens.   Elder Abuse Task Force has met a five-year milestone.  We began in the Spring of 2000 with the goal of getting all of the various agencies together which are involved with elder abuse on some level.  The goal was to provide an opportunity for these agencies to share information and strive to prosecute those who perpetrate crimes against some of our most vulnerable citizens.  

The multi-disciplinary team is comprised of representatives from Adult Protective Services, Guardianship, Lexington Division of Police, Fayette County Sheriff's Office, Comprehensive Care, Eastern State Hospital, Fayette County Homecare, Nursing Home Ombudsman Agency of the Bluegrass, Fayette County Attorney's Office, and the Commonwealth Attorney's Office.  We have been meeting monthly and reviewing specific cases of elder abuse to determine if the cases have sufficient evidence to prosecute the offenders or if further investigation is necessary.  

Although the team has reviewed some cases of physical and sexual abuse, the focus has been on cases of financial exploitation.  These are difficult cases to prove because the victims typically cannot testify due to Alzheimer's or failing health.  Therefore the team is doing everything possible to put cases together without the victim's testimony.  As a result of this collaboration, we have been able to successfully prosecute several cases.  We hope to send a message to perpetrators of vulnerable seniors that these victims do have a voice and crimes against them will not be ignored.  

The greatest benefit of the Elder Abuse Task Force is the information that is gained through the networking of the team members.  It is far more effective to discuss these cases as a team and get input from multiple perspectives.  Further, the monthly review process assures that these cases don't get "put on the back burner" as everyone is held accountable for moving the cases forward and making every effort to hold the perpetrators responsible for their crimes. 

PROSECUTION SUMMER INTERN
REPORT NO. 4
Counterfeit Purse Trial

I assisted Dan Laren in the prosecution of a defendant accused of selling 127 counterfeit items. The defendant had a shop where she sold "knock-off" Louis Vuitton, Coach, Burberry, Dooney & Bourke, Fendi, Kate Spade, and Gucci purses, belts, clothing, and shoes.

Despite the verdict, the trial was a winning experience for me. Today I witnessed and learned first-hand about the important aspects of a trial: jury selection, question and cross-examination of witnesses, and other tactics used to produce a riveting effect during opening and closing statements. Most importantly, I learned that things may not always go as planned and it is during these times that a prosecutor is tested.

The United States Supreme Court, in it's recent decision, Gonzales v. Raich, proclaimed that marijuana cannot be legalized for medical purposes.  That decision was based on the realities of marijuana, not the myths being perpetrated by those groups who seek to legalize marijuana, and, for that matter, all illegal drugs.  

As expected, the drug "legalizers" were outraged by the decision of the Supreme Court.  But it hasn't slowed their efforts to legalize drugs.  They insist that our national drug policy should be that marijuana is "good medicine."  They continue to perpetuate the myth of marijuana as "good" medicine" by using the sick and dying as pawns in their campaign to claim that smoking marijuana is good medicine for those with chronic and intense pain.

That is their myth, but what about the realities of marijuana?  What do the experts say?  What are some of the realities of marijuana?

Reality:  Medical doctors can now prescribe the main psychoactive ingredient in marijuana (THC) in capsule form as Marinol. 

Reality:  National Institute of Health:  Case studies show that someone who smokes 5 marijuana cigarettes per week may be taking in as many cancer-causing chemicals as someone who smokes a full pack of cigarettes every day.

Reality:  There are more than 400 chemicals, including the most harmful substances found in tobacco smoke, in marijuana smoke.

Reality:  The Institute of Medicine:  "Smoking marijuana is not recommended for the treatment of any disease condition."  

Reality:  American Medical Association:  "Cannabis is a dangerous drug and as such is a public health concern."

The ultimate goal of the "legalizers" is the legalization of all illegal drugs.  The "medical" use of marijuana is just their first step.  Heroin, cocaine, "crack", methamphetamine, LSD won't be far behind.  

The reality is that sick and dying patients making anecdotal reports of relief from illegal drugs, tragic as their situation is, is neither good science, good medicine, nor good state or national drug policy.  

Source: Cass R. Sunstein and Adrian Vermeule, "Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs," AEI-Brookings Joint Center for Regulatory Studies, March, 2005.

Wayne Martin, center,  receives token of  appreciation for CSI:  Southern support

The teachers, police officers, prosecutors, media personalities, Kentucky State Police laboratory experts, and others who worked together to create CSI:  Southern gathered to celebrate the success of the program at Spindletop Hall recently.

Ray Larson, Fayette Commonwealth’s Attorney, recognized the contributions of all involved. Unfortunately, everyone could not attend the CSI:  Southern Appreciation Banquet.

Donna Ebelhar, left, and Lexi Sheets, Southern Middle School science teachers

The group enjoyed a brief video presentation of Scott Harvey's weekly news stories carried on WKYT-TV while the CSI:  Southern curriculum was being taught to the middle school. CSI:  Southern was hailed as a resounding success and an example of positive cooperation between the various groups involved for the education and benefit of the children of Lexington.

Kathy Witt Fayette County  Sheriff

The Graffiti Scrub Crew, made up of inmates from the Fayette County Jail, was introduced recently as Lexington’s innovative approach to dealing with the vandalism called graffiti. Prosecutors, law enforcement, public agencies and private businesses have joined forces to vigorously attack graffiti and the thugs who vandalize the property of others.

Graffiti Scrub Crew Van

For many of our citizens, graffiti’s presence suggests the government’s failure to protect citizens and control lawbreakers. In addition, there is a huge cost associated with graffiti: an estimated $12 billion a year spent cleaning it up in the United States. Graffiti contributes to reduced retail sales, declines in property values, and generates the perception of blight in a neighborhood and fear on the part of residents.

Lexington’s Cease-Fire Project is comprised of federal, state and local prosecutors and law enforcement agencies that focuses on crimes involving Guns, Gangs & Graffiti.

The Fayette Commonwealth’s Attorney’s Office Summer Internship Program exposes selected law students and undergraduates to the workings of the criminal justice system. Interns participate with felony prosecutors throughout every stage of a criminal case, from interviewing witnesses, conducting legal research, drafting motions and responses, assisting in the evaluation of evidence, and discussing trial strategy.

In addition, the interns have the opportunity to tour and observe various sites and activities integral to trying criminal cases and to participate in various workshops focusing on specific topics and elements of the criminal justice system.

Judith Cothorn is a 2nd year law student at the University of Michigan. Prior to attending law school, Judi received her Bachelor of Science in Chemical Engineering from Hampton University. Her past positions include Manufacturing Engineer, Patent Examiner, and Cooperative Research and Development Agreements Coordinator. This summer, Judi is working with Kathy Phillips and Kimberly Henderson Baird as a part of Lou Anna Red Corn’s team.

James Davey has spent the majority of his life in Lexington, Kentucky, although he is an Iowa City, Iowa native. He is a rising sophomore at the University of Michigan and intends to pursue a concentration in History. Over the course of the summer, James will be working on Mike Malone’s team and will concentrate on the Cease-Fire and Drug Projects.

Steven Fields is originally from Whitesburg, Kentucky. He graduated from the University of Kentucky in 1999 with a Bachelor of Science in Mining Engineering. After finishing school, he pursued a career with Hanson Aggregate for five years. He just completed his first year at the University of Kentucky College of Law. Assigned to Lou Anna Red Corn’s team, Steven will be working on Operation Rat Trap and Burglary Crimes.

Noah Friend is originally from Pikeville, Kentucky. He graduated from Pikeville High School in 2000 and the University of Kentucky in 2004 with a degree in History. He completed his first year at the University of Kentucky College of Law this spring. Noah is assigned to Mike Malone’s team and is working on Domestic Violence and Repeat Offender issues.

Noel Halpin is originally from Dublin, Ireland. He moved to the United States to work for Price Waterhouse in Washington, D.C. as a Management Consultant for federal government clients. He finished his consulting career with IBM in 2004 and then began law school. He graduated from University College Dublin in 1995 with a Bachelor of Arts in Economics and Political Science and graduated from University College Dublin Graduate School of Business in 1996. Noel is assigned to Mike Malone’s team.

Erin Hayne is from Lexington, Kentucky. She graduated from DePauw University in 2004 with degrees in English Writing and Spanish. She now attends the University of Dayton School of Law and will graduate in 2007. Erin is assigned to Lou Anna Red Corn’s team. Her projects for the summer include: working on the Spanish radio show, which reaches out to the Hispanic community; working with juveniles; and working with elders and elder abuse.

Victoria Kadreva Holmes is originally from Bulgaria. She graduated from the United States Coast Guard Academy with a Bachelor of Arts in Government. Additionally, she has her Master’s in Diplomacy and International Commerce from the Patterson School at the University of Kentucky. She just completed her first year of law school at the University of Kentucky College of Law. Victoria is assigned to Mike Malone’s team and is working on the Graffiti Task Force and Homicide/Violent Crimes.

Amanda Mills is originally from Frankfort, Kentucky, where she graduated from Western Hills in 2002. Currently she is a senior at the University of Kentucky with a major in Communications and a minor in Spanish. She plans to attend law school in the future. Amanda is assigned to Lou Anna Red Corn’s team where she will be working on Ray Larson’s radio show "American DA - Live", as well as working with juveniles and drug cases.

Mr. & Mrs. Stephen Oakes & Ray Larson

Stephen Oakes and Rosa Johnson met while they both were interns at the Fayette Commonwealth's Attorney's Office.  Stephen was in law school and Rosa was finishing her degree in Social Work and working with the Victims' Advocates.

They both graduated.  Stephen has just completed the F.B.I. Academy and Rosa will enter law school this fall.

Two wonderful young people, whom we were fortunate to work with.  GOOD LUCK to them.

Erwin Roberts Photo:  The State Journal, Frankfort, Kentucky

Erwin Roberts' first job after graduating from law school was as an Assistant Fayette Commonwealth's Attorney.  After two years, his wife, Phealli, a pharmacist, was transferred to another city and Erwin joined the U. S. Attorney's Office in Louisville.

Since then Erwin has been tapped for several important statewide positions by Kentucky Governor Ernie Fletcher.  First as Director of Homeland Security, than as Deputy Secretary of the Environmental Protection Cabinet, and now as the Secretary of the Personnel Cabinet.  It seems he can do it all.

Erwin is a fine and talented young man who is on his way.

Jennifer Yue Photo:  University of Kentucky, Public Relations

Former Fayette Commonwealth's Attorney intern Jennifer Yue recently received the Otis A. Singletary Outstanding Senior Graduate Award.  She also served as President of the Student Development Council and is a member of the College of Communication's Honor Society and UK's Homecoming Court.

Jennifer will enter the University of Kentucky College of Law in the fall.

Cheryl Edwards James Photo:  Junior League of Lexington

Cheryl Edwards James, a former Intern in the Office of the Fayette Commonwealth's Attorney, is an emerging leader in our community.  

Cheryl is an attorney for the U.S. Bankruptcy Court and is the first black woman to head Lexington's Junior League, an organization committed to promoting voluntarism.

Roberta Harding Photo:  Chevy Chaser  Magazine, Jan. 2004

UK Law Professor Roberta Harding, a life-time opponent of the death penalty appears to be in a real tizzie.  She is so upset, in fact, that she was driven to write a letter to the Editor of the Lexington Herald-Leader in which she lectured Fayette Commonwealth's Attorney Ray Larson about how to do his job and how he should feel about these condemned thugs on Kentucky's death row.

Here is what Harding says "SHOCKED" her about Larson's recent comments:

"Offenders 'got themselves into this situation and created a huge amount of pain, to not only the people they killed, but to the survivors of the victims.' "

Those comments seem accurate.  Maybe Harding just doesn't seem to want to hear the truth.

What she apparently missed and didn't complain about in her letter was that Larson also said that normal people really don't seem to care much about the issue of whether or not lethal injection is cruel and unusual punishment for the brutal and vicious killers who live on death row across America.

Those comments seem accurate too.

But the Prof's real problem, which she conveniently doesn't mention, is that she is a big supporter of the lawsuit in Franklin Circuit Court which claims that lethal injection is a cruel and unusual method of executing these killers.  She just sees Larson's comments as trivializing this last gasp effort of Ralph Baze and T.C. Bowling and their cheerleaders to avoid their death sentences.  Both are scheduled to be executed once this latest tactic is resolved.

Both of those killers were convicted by juries; they both went through years of appeals; now they are rapidly approaching the end of the road.

This latest tactic about lethal injection must be recommended in the most recent edition of the anti-death penalty handbook.  Because it has been tried in several states across America, and, of course, rejected every time.

As for Larson's comments, we are reminded of Harry Truman's response to the man who shouted: "Give 'm hell, Harry."

Truman shouted back: "I'm not giving them hell, I'm telling the truth.  They just think it's hell."

The truth may not be hell to the Prof, but it sure seems to have fired her up.  But that's nothing new for the anti-death penalty gang.

By Ray Larson
Rarely do I agree with any opinion of Gannett's corporate representatives in Kentucky; the editorial writers of the Louisville Courier-Journal.  

But then how can anyone disagree with the conclusions reached in their recent series, "Troubles with Expungement."  At best, Kentucky' s expungement laws are confusing and make covering-up one's criminal past easy, and at worst, they create a danger to the public and potential disaster.

Of even greater concern is the proclamation by State Representative Rob Wilkey, D-Scottsville, that he intends to keep proposing legislation which will greatly expand the crimes which may be expunged, until it passes.  (Or until his constituents vote him out of office.)

The Courier-Journal's series can lead the reader to no other conclusion than, under Kentucky's expungement laws, convicted criminals are the big winners, and public safety, crime victims and employers are the big losers.

Crime rates have plummeted lately, due in no small part to the police and prosecutors focusing on repeat offenders.  (That 5% of criminals who commit between 60-80% of the crime).  If we simply erase the criminal records of these prolific criminals the ability of law enforcement to identify, convict and incarcerate that 5% will be seriously hampered, and the public will be the big loser.

Instead of doing all we can to make the lives of convicted criminals easier, why not try something different.  How about putting the welfare of Kentuckians who choose to obey the law above those who choose to violate the law.  Now that would be something new.    

Cindy Rieker Assistant Common- wealth's Attorney

CONGRATULATIONS! 
TO OUR UNSUNG HEROES

Cindy Rieker truly deserves the Unsung Hero Award for May 2005. According to her CE&R co-chair, Cindy took on the "lion’s share of CE&R" while her co-chair struggled through pregnancy and the birth of her second child. Beginning in June 2004, Cindy was busy at the helm of her CE&R committee. She stepped up her efforts and did an "awesome job." Her co-chair says Cindy made sure committee procedures were followed and the work was completed in a timely and correct manner. The most visible fruit of her labors was the CE&R presentation at the April General Assembly. Because of the work of Cindy and the rest of the committee, the CE&R portion of the meeting ran smoothly and efficiently. Cindy has served on CE&R for three of her five active years in the league.

In her spare time when not working on the CE&R, Cindy works as an Assistant Commonwealth Attorney specializing in the prosecution of drug cases. With over seven years experience as a Commonwealth Attorney, Cindy is known as a tough, but fair prosecutor. When she’s not sending the bad guys to jail, Cindy is a avid UK fan with a passion for tailgating. She loves practical jokes so be wary of you see a mischievous look on her face, because you just might be in trouble. Cindy also plays on her office softball team. Her actual position is unknown. Her office mates were unable to identify her position on the team. They could only provide that Cindy is a very "social" softball player.

Cindy’s partner is crime fighting and life is her police officer/Army Reservist husband Bill. Together they share a twenty-year relationship including more than 14 years of marriage. Cindy and Bill are proud parents of Skids the cat.

Her co-chair best summed up our sentiments... "I, along with everyone, am deeply appreciative" of Cindy’s dedication to the Junior League of Lexington.

Source:  The Bloom, Volume 68, Issue 10, May, 2005

Governor Ernie  Fletcher

By Ray Larson
Kentucky Governor Ernie Fletcher will soon appoint to the Kentucky Supreme Court a Justice to replace the retiring Justice James Keller.

A number of names have surfaced as possible appointees.  Many are long-time judges, some others are bright and rising stars in the legal profession who hopefully would accept public service in lieu of a more lucrative private practice.  All are honorable and capable.

As usual, the media has jumped into the appointment process with both feet.  They are using their printing press to instruct the Governor about who "in their opinion" is qualified and who is not.  It seems that any judicial appointee with whom the media doesn't agree is quickly classified as a "political crony" and a bad judge.  This is just not the case.

The Governor no doubt appreciates everyone' advice on this issue.  But he is the one who ran for Governor.  He ran on his political philosophy and on his platform.  The public approved of it and elected him.  By their votes they entrusted him with the authority to use his best judgment in determining who will be best to fill judicial vacancies whether the media likes his appointments or not.

ASHEVILLE, NC  As its recent Board of Directors Meeting, the National District Attorneys Association (NDAA) presented its prestigious "Home Run Hitter Award" in recognition of prosecutorial excellence to Stanislaus County District Attorney - James Brazelton - and his prosecution team:  Rick Distaso, Senior Deputy District Attorney; David Harris, Senior Deputy District Attorney Birgit Fladager, Co-Prosecutor; and Detective Kevin Bertalatto, Senior Criminal Investigator for their prosecution of Scott Peterson.  Each of them were presented an engraved, authentic Louisville Slugger baseball bat.

In presenting the award, the following was said of this outstanding prosecution team:

"On Christmas Eve, 2002, Laci Peterson vanished. This 27-year-old substitute teacher was about a month away from delivering a first child.

Media from across the country were drawn to the story of this pregnant woman with the bright smile who vanished Christmas Eve. In April, 2003 the body of a full-term baby washed up on the shore of the San Francisco Bay. The next day the badly decomposed body of the woman was found. Laci’s husband, Scott Peterson was arrested.

For the public and the media, the disappearance of Laci Peterson and the subsequent murder trial of her husband was a daily soap opera.

For prosecutors across America it was an entirely different story. We knew the difficultly the prosecutors faced in preparing a circumstantial case with the entire nation watching and questioning every move. The defense was well-financed and media savvy. It was a hard case.

Jim Brazelton assembled a prosecution team of Rick Distaso, David Harris, Birgit Fladager, and Detective Kevin Bertalatto. They simply went about their business without fanfare.

The "know-it-all" media and their paid "Monday morning quarterbacks", known as "former prosecutors" were critical of every move they made. But the prosecution team kept quiet and kept their eyes on the ball.

Finally, after one of those famous California 6 month trials, Scott Peterson was found guilty of Laci’s murder, and shortly thereafter, was sentenced to death.

It was a complicated, difficult case and the case and the prosecutors were subject to the daily magnifying glass of the national media, and second guessing of their so-called "legal experts."

It is with great pride that we induct Jim Brazelton and his super-star prosecution team, Rick Distaso, David Harris, Birgit Fladager, and Det. Kevin Bertalatto into the NDAA Home Run Hitters Club.

Justice Antonin Scalia Photo: Evan Vucci/AP

Antonin Scalia:

"It’s not a question of the country disobeying the decisions of the court. That’s not what is going on. What I think is going on is unprecedented in the difficulty of getting judicial nominations confirmed."

"I was nominated almost 20 years ago. I was known to be conservative in my policy views, but I was known to be a good lawyer, an honest man, and somebody who could be fair and write an intelligent opinion. I was unanimously conformed by the Senate."

"Now, something very fundamental has changed. What we originalists think has changed, and we have been saying this for a long time, is that you cannot adopt a theory that the Constitution is evolving and the Supreme Court will tell you what it means from age to age."

"You cannot do that without causing the Supreme Court to become a very political institution - - and when that happens, people in a democracy will try to seize control of it."

If the meaning of the Constitution changes based on the personal philosophies of the Justices of the Supreme Court, then why even have a constitution?

Ray Larson Commonwealth's  Attorney

"Our review of the criminal records of these 477 defendants charged with drug crimes reveals that each averages over 7.73 prior criminal convictions.  Two of those prior convictions are for drug crimes and over five are for other crimes," said Larson.

Larson said, "Lexington is fortunate to have such a professional police department which aggressively enforces our drug laws and prosecutors who work just as hard to obtain convictions for violations of the law."

Trisha Meili, known as the "Central Park Jogger," described the life-changing injuries she suffered during the brutal attack nearly 16 years ago in which she was severely beaten, raped and bound. Meili said she doesn't recall the attack or the weeks after it, but she considers herself a survivor rather than a victim.

"Being a survivor is an attitude," Meili said. "It's a mind-set."

Yesterday's event at the state Capitol marked Kentucky's 14th annual Crime Victims' Rights Day. This year carried with it the theme, "Justice Isn't Served Until Crime Victims Are."

Attorney General Greg Stumbo said his office has worked to preserve victims' rights. Such efforts would continue, Stumbo said.

"Too often crime victims are denied basic rights," he said.

After the ceremony, Meili signed copies of her book, I Am The Central Park Jogger.

SOURCE:  Associated Press, Friday, April 15, 2005

Pam Platt Public Editor, The Courier- Journal

State of the Media 2005 Report condemns those who would "manipulate" public opinion.
Pew Charitable Trusts tried to play both sides of the fence - and got caught.

By Ray Larson
The "public editor" of the Louisville Courier-Journal, Pam Platt, recently wrote about "The State of the News Media 2005."  She claims that it is a ". . . should-read if not a must-read."

"The State of the News Media 2005," is the work of the Project For Excellence in Journalism, which is affiliated with the Columbia University Graduate School of Journalism.  It purports, according to Platt, "to present an exhaustive and meticulously researched look at the whats of current media trends and tries to define and divine the whys."  More importantly, we now know, the report was funded by the Pew Charitable Trusts.

One of the findings of the Pew funded media study 2005 is that:

". . . technology and competing media have worn away at the traditional 'journalism of verification,' or substantiating facts, and given rise to 'journalism of assertion,' or report first, substantiate or debunk later."

"All this makes it easier for those who would manipulate public opinion. . .

Which brings us back to the Pew Charitable Trusts, which funded this report.  The New York Post reported last week that, 

"A former program officer for Pew, Sean Treglia, was caught on video tape bragging about how the foundation worked behind the scenes to create the false impression that there was a "mass movement" afoot clamoring for campaign-finance reform."

"The intent:  to hoodwink Congress.  It worked."

"The political activities of the supposedly about-the-fray Pew Charitable Trusts were, in a word, shocking."

Now, isn't that the same manipulation of public opinion that the Pew-funded report condemns and warns us that the new technomedia will try to do?  And what about all of the reports of liberal bias in the "main street media."  Isn't that also the very same attempt to manipulate public opinion that the Pew-funded report, "State of the Media 2005 complains about?

Now, what was that story about people who live in glass houses shouldn't throw stones?

By Ray Larson
(Excerpts from an article by Deborah Yetter in the April 10, 2005 edition of the Louisville Courier-Journal).
It has taken the senseless murder of a Louisville police officer by an habitual 17-year-old criminal to cause the public to question, once again, why juvenile courts in Kentucky are still secret, and to demand that juvenile court proceedings be opened to the public like every other court in Kentucky.

On March 23, 2005, Travis Ballard stole a pickup truck in Jefferson County.  It got stuck in the mud.  Louisville police officer Peter Grignon responded.  Ballard shot and killed Officer Grignon, then killed himself.

Ballard's juvenile record dates back to age 12.  Between ages 12 and 17 he was charged with 31 offenses in Jefferson County, one as an adult, and five in Indiana.  Despite a history of violating probation and home incarceration, he was allowed to remain free over his five years in the juvenile justice system.

Of course, by law, Ballard's juvenile record during that time was confidential and kept from the law-abiding public.  It is time to change that law.  It is time to open juvenile court proceedings to the public.  Then juvenile judges, court designated workers, prosecutors, juvenile criminals and their families can be held accountable for their actions.

Irv Maze, Jefferson County Attorney Irv Maze, the Jefferson County Attorney, has said that he will seek a change in state law that would open juvenile court proceedings.  As it is, "Juvenile court is a deep, dark secret which nobody can really talk about," said Maze.

Dave Stengel, Jefferson Common- wealth's Attorney Of juvenile court, Dave Stengel, Jefferson Commonwealth's Attorney, said "It's the most aggravating place on the planet.  All the rules are set up for the least restrictive treatment."

Gerald Neal, Kentucky Senator What are the chances for a change in Kentucky's law?  Based on Kentucky Senator Gerald Neal's comments, a change isn't likely any time soon.  He was quoted in the Louisville Courier-Journal as saying that he doesn't support opening juvenile records, though he would support a better exchange of information.

One has to wonder when our lawmakers will have some concern for the safety and protection of the public from these armed and dangerous young criminals.  Under the present system, we can't even be told who they are.

By Ray Larson
Nationally, authorities have dismantled over 50,000 clandestine meth-labs, 4,000 of them in Iowa alone.  About 30 percent were "mom and pop" labs in homes where children live.

David Crary, an Association Press National Writer, recently wrote a frightening account of the devastation create by this methamphetamine in his article, "Meth's toll in the heartland."

"One nurse runs a local task force in Iowa which helps the most helpless victims of America's meth-epidemic, -- the small children whose parents make and use the highly addictive drug.

The scars are inflicted in myriad ways:

• Exposure to the drug in the womb;
• Contamination from toxic chemicals used in the home-based meth manufacture;
• Explosions and fires;
• Long-term neglect from parents obsessed with drug habits;
• Physical abuse and sexual abuse.

Many of the meth-lab homes are filthy, often strewn with drug paraphernalia and pornography.  Meth-making chemicals have been found in diaper bags and toy chests.

A former county sheriff, who is now Iowa's drug policy coordinator said, 'I've been in homes where you'd find jars of meth oil in the refrigerator, but no milk, no bread for the kids.'

Thousands of children across the country have been taken away from their meth-abusing parents in recent years, placed with relatives or shifted into already overloaded foster care systems.  Scores have been injured, a dozen or more have been killed; thousands have been born with traces of meth in their bodies.  Some suffer serious brain damage and others experience long-lasting developmental problems.

Pregnant women who use meth are harming their babies.  Too often the brain gets hijacked by the drug."

By Ray Larson
The U. S. Constitution grants to the states the authority to determine "the times, places and manner of holding elections."

But Hillary Clinton and John Kerry are pushing for a new federal law called the "Count Every Vote Act," which would, among other things, force every state to let felons vote.  This even though the 14th Amendment specifically permits states to disenfranchise citizens convicted of "participation in rebellion, or other crime."

There are several things wrong with this latest attempt by some U. S. Senators to take over yet another responsibility of our states.

The U. S. Constitution says it is the business of the states to run their elections.  It's not Hillary's or Kerry's business, nor is it the business of the U. S. Congress.  And the states are managing the way they choose, thank you.

48 states deny the vote to at least some felons; only Vermont and Maine let prisoners vote while in prison;

33 states withhold the right to vote from those on parole;

8 states deny felons the right to vote for life, unless they petition to have their rights restored.

Of course, the well-funded felon re-enfranchisement movement is happy to claim that there is a disproportionate racial impact.  Wrong, says John Fund in his Wall Street Journal article, My Felon Americans.  "In truth, a little more than a third of the disfranchised felons are black."

Roger Clegg, National Review Online Contributing Editor in "Perps and Politics, Why Felons Can't Vote," bring some wisdom to the subject:

"The reason we don't let felons vote has nothing to do with race and everything to do with common sense."

"Individuals who have shown they are unwilling to follow the law cannot claim the right to make laws for the rest of us.  We don't let everyone vote, not children, for instance, or non-citizens, or the mentally incompetent."

"We have certain minimum standards of trustworthiness before we let people participate in the serious business of self-government, and people who commit serious crimes don't meet those standards."

"Society is not obliged to ignore someone's criminal record just because he has been released from prison.  Felons are barred from possessing firearms by federal law and laws in many states, for example."

"It is also true that these laws have come to have a disproportionate impact on blacks, but this was not deliberate and will cease once a disproportionate number of felonies are no longer committed by blacks."

The irony is that the people whose votes will be diluted the most if felons are re-enfranchised are the law-abiding citizens in communities with a high proportion of felons in them."

"These citizens, who are also most frequently the victims of crime, are of course themselves disproportionately poor and minority.  But somehow they are always forgotten."

Restoration of the right to vote is clearly a responsibility of the states, not the federal government.  That's what the U. S. Constitution says, and that's the way it should remain.

High profile decisions in which judges brashly impose their own personal preferences are all too common today.  It is not unusual at all for Americans to turn on their TV's to discover that a judge, not a legislature, but a judge, by himself, has decided that he thought:

Homosexual marriage is a Constitutional right, or
That the death penalty for juveniles has just lately become a cruel and unusual punishment, or
That the phrase "under God" should be stricken from the Pledge of Allegiance, or
That a public display of a nativity scene is forbidden, but a display of an Islamic crescent is not.

Or, what about the federal judge in Kansas City who by himself actually imposed tax increases on citizens in order to fund a lavish "magnet school" as part of a desegregation scheme of his own invention.  That judge was appointed for life; he wasn't elected; he's not accountable to anyone.  He, not the elected city council, imposed a tax on the citizens of Kansas City.  And, by the way, his plan failed miserably in its goals.

To the extent that judges carefully cite principle and follow precedent, the public seems to respect and accept their decisions.

However, when they are based on their own personal preferences, the public quickly loses respect for both the decision and the courts.  Too many judges first decide what they want the decision to be, then bend the law, or stretch the facts to support it, or base decisions on public opinion polls, or current sociological research, or foreign opinion.

As a result of this type of Judicial Activism, the public's concern and interest in who are becoming our judges is at an all time high.  More and more the news media, including talk radio and internet bloggers are pointing out instances of judicial absurdity and outrageous judicial decisions.  Judges are now receiving personal attention they never got before, and must of it is not flattering.

The notion of judges and justices being the principled protectors of an impartial system has clearly been eroded by this Judicial Activism.

In the recent U.S. Supreme Court case Roper v. Simmons, five justices claimed that in the past 15 years the U. S. Constitution changed, and that the death penalty for juveniles is now cruel and unusual punishment.  The Constitution did not change during that time, only the personal preferences of those five justices changed.

That is what is called Judicial Activism, and because Judicial Activists ignore precedent and impose their own personal preferences, our Constitution becomes practically useless.  That is also what has Americans so concerned and taking a much closer look at whether judges and justices impose what they think the law should be, or whether they interpret the law as written.

A great spokesperson for the University of Kentucky.

Soon Jennifer will graduate from the University of Kentucky with a major in corporate communications. She will enter law school next fall.  Her internship with our office, as well as her career at the University of Kentucky, have been marked by academic and social achievements.

The police firing range is part of the internship.

In addition, UK selected Jennifer as one of five students to serve as ambassadors for the University during the 2004-2005 school year.  UK Ambassadors are selected through a rigorous interview process and serve as official public relations liaisons for UK.  "It is one of the highest honors a UK student can receive," said UK President Lee Todd.

We at the Fayette Commonwealth’s Attorney’s Office are proud to have been associated with Jennifer and all of the other outstanding young people who have participated in our Summer Prosecution Internship Program.

Fallen Prosecutor Memorial in the Courtyard of the National Advocacy Center.

A somber and moving ceremony marked the dedication of the Fallen Prosecutors Memorial at the National Advocacy Center on the Campus of the University of South Carolina in Columbia. The Memorial is sponsored by the National District Attorneys Association, (NDAA), and honors prosecutors who were killed during the performance of their duties.

Lexington prosecutors, Brad Bryant, Kimberly H. Baird, Ray Larson, Cindy Rieker and Brian Mattone attended the dedication.

NDAA President Paul Walsh of New Bedford, Massachusetts, told the gathering of several hundred, including the families of the fallen prosecutors who were being honored:

"Prosecutors are the people’s lawyer. They are charged with the responsibility of protecting victims of crime and their families, ensuring that truth and justice prevail by holding criminals accountable for their acts and keeping our communities safe. Those who are prosecutors have answered a calling, and are among the true heroes of our society."

Cathy Capps and daughter Lydia attended the dedication at which husband and father Fred Capps was honored.

The names of the prosecutors honored on the memorial were read as the memorial was unveiled.

The Prosecutors:

Eugene C. Berry, an Assistant State Attorney in Florida's 15th Judicial Circuit;

Victor C. Breen, District Attorney of New Mexico's 10th Judicial District;

Fred Capps, Commonwealth's Attorney in Kentucky's 40th Judicial Circuit;

Floyd G. Hoard, then Solicitor (now called District Attorney) of Georgia's Piedmont Judicial Circuit;

C. Chris Marshall, an Assistant DA of Tarrant County (Fort Worth), Texas;

Paul R. McLaughlin, an Assistant Massachusetts Attorney General detailed to the Suffolk County (Boston) DA's office on special assignment;

Michael C. Messer, a Special Assistant U.S. Attorney in Chicago.

• Violent criminals are now required to serve at least 85% of their sentence.
• Inmate population growth has been just modest.
• Recidivism is down.
• Overall crime rate is down.

Ten years later, AP writer Larry O'Dell wrote that "Critics fears about parole abolition fail to materialize."  O'Dell's report in the January 24, 2005 edition of the Washington Times chronicled the progress of Virginia's "no-parole" system after being in place for ten years.  He reports:

Ten years later, the state has added seven prisons and about 8,000 inmates — a growth rate substantially lower than critics and even the General Assembly had expected.

The prison population has increased by nearly 30 percent since 1995, when parole abolition took effect, but the 35,429 inmates is far short of the 49,000 the Senate Finance Committee had predicted. Some critics had thought even that forecast was too low.

Source:  Washington Times, January 24, 2005 Edition

By Ray Larson
Every day, police and prosecutors across America are on the front lines enforcing our laws and prosecuting those who choose to break them.

Most of the time the public only sees the headlines about high-profile trials.  Seldom do they get a chance to understand how and why important decisions are made in these trials.

No longer.  Now the "behind-the-scenes" decision-making process is discussed by the prosecutors who actually made those decisions.

Ray Larson Fayette Commonwealth's Attorney	Jack Pattie WVLK-590 AM Radio

Every Friday morning, the prosecutors of America’s most notorious trials are live guests on American DA - LIVE.  Jack Pattie, the long-time Lexington radio morning host on WVLK-590 AM, and Fayette County Commonwealth’s Attorney Ray Larson join forces to discuss these cases with the prosecutor who actually prosecuted these high profile cases.

The following prosecutors and cases have been featured on American DA - LIVE:

Tommy Pope, Solicitor, York, SC Susan Smith, Murderer Who can ever forget the chilling story of Susan Smith rolling her car into a South Carolina lake with her two young children buckled in their safety seats. South Carolina Solicitor Tommy Pope prosecuted her for the murder of her two children. She was sentenced to life in prison.

Jim Brazelton, District Attorney, Modesto, CA Scott Peterson, Murderer The nation watched as Scott Peterson was tried for the murder of his young pregnant wife Laci and her son Conner. Stanilaus County, California, DA Jim Brazelton’s team methodically put the pieces of the puzzle together and convicted Peterson of these murders. Peterson received the death penalty.

Nola Foulston, District Attorney, Wichita, KS Reginald & Jonathan Carr, Murderers December, 2000 was a tragic month in Wichita, Kansas.  Five innocent people were senselessly murdered by two brothers.  The Carr brothers were prosecuted for their vicious acts of murder by Sedgewick County, Kansas DA Nola Foulston and 1st Assistant Kim Parker.  Both of the Carr brothers were sentenced to death.

Michael McCann, District Attorney, Milwaukee, WI Jeffrey Dahmer, Murderer Jeffrey Dahmer was one of America’s most notorious serial killers.  Between 1978 and 1991, he murdered at least 15 young men.  The manner in which he murdered, butchered and even ate his victims fascinated America.  Milwaukee, Wisconsin DA Michael McCann prosecuted this killer.  Dahmer received life in prison, the maximum under Wisconsin law.  He was killed in prison by a fellow inmate.

Jim Lynch, Asst. District Attorney, Camden, NJ Rabbi Fred Neulander, Murderer Prominent New Jersey Rabbi Fred Neulander arranged to have his wife murdered in order to be able to continue his affair with a Philadelphia radio personality.  The investigation took years, and in 2001, Assistant Camden County, New Jersey DA Jim Lynch successfully prosecuted the Rabbi for the death of his wife.  He is presently serving a 30 years-to-life sentence in prison.

Greg Jacobs, Asst. District Attorney, San Jose, CA Richard Allen Davis, Murderer In October , 1991 12-year-old Polly Klaas was kidnapped from her home in Fairfax, California by Richard Allen Davis.  Polly’s body was found several weeks later.  Davis was charged with her abduction and murder.  He was tried and convicted by Assistant Sonoma County, California DA Greg Jacobs.  Allen was sentenced to death.

Dr. Greg Davis, Medical Examiner, Lexington, KY The role of the Medical Examiner - Forensic Pathologist has always been critical to the successful prosecution of homicide cases.  Dr. Greg Davis, Assistant Medical Examiner for the Commonwealth of Kentucky, has played a vital role in homicide prosecutions throughout Kentucky.  He shared the nature of the job with listeners.

Robert Horan, Commonwealth's Attorney, Fairfax County, VA Lee Boyd Malvo, Juvenile D.C. Sniper Who can ever forget those three weeks in October, 2002 when seemingly random sniper attacks across Maryland, Virginia and the District of Columbia killed ten people and wounded three others?  Thankfully, John Allen Mohammad and a juvenile, Lee Boyd Malvo were finally captured.  Long-time prosecutor Robert Horan, the Fairfax County, Virginia Commonwealth’s Attorney, was selected to prosecute Malvo. He was convicted and sentenced to life in prison.

Jo-Ellan Dimitrius, Nationally Recognized Jury Consultant, Pasadena, CA For over 20 years Jo-Ellan Dimitrius has been America’s best known jury consultant.  She consulted in more than 600 jury trials across America, including some of the most high-profile cases of the 1980's and 90's.  She has worked on cases such as Richard Ramirez "the Nightstalker," Rodney King, Reginald Denny, the McMartin Pre-school and O. J. Simpson.  She shared her very interesting insights into jury selection with the listeners of American DA - LIVE.

Joshua Marquis, District Attorney, Critic of Court-TV's "Exonerated," Astoria, OR Joshua Marquis, DA of Clatsop County, in Astoria, Oregon, is a frequent guest on many national news shows. He insists on honesty in the media when it comes to reporting in courts, crime and prosecutors, and, as a result, is a frequent media critic. He serves on the Board of Directors of the National District Attorneys Association.  As co-chair of the NDAA Capital Litigation Committee, he debates the death penalty across America in Europe and Mexico. He joined American DA - LIVE to criticize Court-TV’s "Exonerated’s" portrayal of murderers as being innocent as just wrong.  He pointed out that at least two of the killers have plead guilty to murder.

NO PHOTO AVAILABLE Lynn McClellan, Asst. District Attorney, Houston, TX Angel Maturino Resendez, "Rail-Road Killer" For nearly two years the "Rail-Road Killer" followed America’s railroad tracks brutally slaying unsuspecting victims (including one in Lexington, Kentucky).  Angel Maturino-Resendez was finally caught in Houston.  He was tried by then Harris County DA John Holmes, Lynn McClellan, and Devon Anderson.  After a lengthy trial, he was convicted and sentenced to death.  Lynn McClellan joined American DA - LIVE to share a prosecutor’s insight into the trial of this violent serial murderer.

Lou Anna Red Corn, Asst. Commonwealth's Attorney, Lexington, KY Karen Murphy On a hot afternoon in July, 1999, Karen Murphy went shopping. She left an 11-month-old, for whom she provided child-care, and her own one-year-old son in the car with the windows up.  Both children were strapped into their safety seats.  Murphy returned 2 hours later to find the 11-month-old dead and her son convulsing. Murphy was charged with manslaughter.  After a difficult trial she was convicted and was sentenced to 13 years in prison where she remains today.  Lou Anna Red Corn, an Assistant Fayette Commonwealth’s Attorney, shared the difficulties in trying such a case with American DA - LIVE listeners.

Jeff Dusek, District Attorney, San Diego, CA David Westerfield In February, 2002, 7-year-old Danielle Van Dame was put to bed by her father. When they checked on her the next morning, she was gone, vanished from her San Diego home. The nation watched as thousands of volunteers searched for Danielle. Three weeks later a neighbor, David Westerfield, was arrested for the crime. He was charged with murder with special circumstances. The death penalty was sought. Jeff Dusek, Assistant San Diego County District Attorney, was the lead prosecutor. After a five-month trial, Westerfield was found guilty and sentenced to death. Jeff Dusek, California’s 2003 "Prosecutor of the Year," shared a prosecutor’s insights to this difficult case with the listeners of American DA - LIVE.

But 11 hours before this sadistic serial killer would finally get his due, one man, federal District Court Judge Robert N. Chatigny, disagreed. And as he three times reminded those he summoned to the now famous Jan. 28 teleconference, Chatigny was the chief.

The transcript alone lays bare the judge's unconscionable arrogance and activism, cloaked as analysis and humility. "I bring a fresh eye," Chatigny assured his captive audience. "He [Ross] never should have been convicted." Let that sink in.

"Or if convicted," the Chief continued, "he never should have been sentenced to death because his sexual sadism ... is clearly a mitigating factor."

Let's be clear. A sexual sadist, the "Diagnostic and Statistical Manual of Mental Disorders" tells us, has recurrent intense fantasies in which the psychological or physical suffering (including humiliation) of nonconsenting victims is sexually arousing.

If the sadist is distressed by these fantasies, even if he doesn't act upon them, he is officially labeled a sexual sadist and deserves help. If he acts upon them and rapes, he is a sexually sadistic rapist and deserves to be punished severely. If he rapes, tortures and kills, he deserves to die. He may be sick; but he is definitely evil. I am as certain of this as I am that my hand has five fingers; most of us are morally certain he deserves to die.

But we are not the chief. "I suggest to you that Michael Ross may be the least culpable - the least - of the people on death row," Chatigny insisted. "So when he says, `I feel that I'm the victim of a miscarriage of justice' ... I can well understand where he's coming from."

Ross says he is ready to die. His lawyer says he is ready to die. The courts say we are ready to kill him. No matter. The Chief knows better. "He is effectively boxed in now," Chatigny empathized. "Even if he changed his mind, he would be hard-pressed to admit it. He doesn't want to go back to [death row] and be the subject of ridicule [as] somebody who had backed out at the end."

What compassion toward the man who made the women he raped lie on their stomachs before he strangled them. How unjust it would be if that man who put eight women in coffins should himself feel "boxed in." But why should the other killers on Connecticut's death row - whose own odds of being executed leap exponentially once Ross leads the way - condemn rather than cheer him for refusing to die at the hands of the state? And why should we care?

Armed with a psychological theory by which Ross can't feel as he says he feels, the chief subverts the will of the people, saying that "death row syndrome" has colored Ross' views, obscured his real will.

The worst of the worst - those condemned in Connecticut - can watch their own TVs, exercise (twice a day if they want), shower daily, read books, keep their lights on all night, get visits, communicate with one another. And of course they can buy and enjoy life's little extras - potato chips, candy and honey buns. I don't want to reside on death row either, but then I didn't commit aggravated murder.

And what if the Chief is mistaken? What if Michael Ross had in fact made a "knowing, intelligent and voluntary" decision to die? "If this man is in fact making ... a decision that we are obliged to respect, then God love him." God love him? God damn him. If there is hell, may he burn in it.

Ross' attorney T.R. Paulding, a death-penalty opponent, had the temerity to believe that an attorney should serve his client's ends. But not the Chief: "[I]f I were his lawyer, I'd be in his face," Chatigny scolded. "What you are doing is terribly, terribly wrong. No matter how well motivated you are."

But guilt-tripping was not enough. The judge now bullied and browbeat the helpless lawyer: "And you better be prepared to deal with me," he warned. "I'll have your law license."

Under threat of professional death, T.R. Paulding caved. And the people watched helplessly as Chatigny, abolitionist hero, single-handedly ground the gears of justice to a halt - on the pretext that death row may corrode the will of the condemned to live.

Remember. Remember Dzung Ngoc Tu, 25; Tammy Williams, 17; Paula Perrera, 16. Debra Smith Taylor, 23. Remember Robin Stavinsky, 19, April Brunais and Leslie Shelley, 14, and Wendy Baribeault, 17. Imagine the lives they never led; remember how they died. We cannot fully feel the suffering of these victims unless we fully loathe the motives of their killer. As Adam Smith pointed out, "Mercy to the guilty is cruelty to the innocent."

Unquestionably, the world would be a better place without Michael Ross in it. Then, too, the federal bench would probably be a better place without Judge Chatigny on it.

Robert Blecker teaches criminal law and constitutional history at New York Law School.

By Ray Larson

Public Defender Ernie Lewis

There he goes again. State public defender Ernie Lewis is throwing around "statistics" again. 

Let’s look at his latest claim. This time it's about the death penalty and his "guess" at the cost of executing some condemned killer. Only this time he uses terms like "he guesses" or "perhaps" it costs $50 million for each execution.

Let’s take a closer look at Ernie’s latest "statistic" to see if his latest claim bears any resemblance to fact.

So maybe:

At these costs we are about $47 million short of Ernie’s $50 million.

Based on Ernie’s $50 million "statistic" and our estimate of the annual costs of $190,000, Harold McQueen’s appeal should have lasted 263 years, not 16 years. But we know the appeal lasted 16 years, so our annual costs must be wrong.

So maybe there were:

We are still $45.2 million short.

So maybe there were:

Even at these costs we are still $16,400,000 short of the $50 million guess.

So maybe there were:

There it is -- $50 million.  We've finally figured it out.  It's just that simple.

30.25 public defenders whose annual salary is $100,000 per year, representing one condemned killer, plus the annual cost of $100,000 to keep that murderer on death row for a year, all multiplied by the seemingly endless appear process of 16 years.

Now, why in the world would anyone not believe the statistics Ernie Lewis quotes?

By Ray Larson

A few months later, "CSI: Southern" was born.  Two hundred sixty 8th grade science students meet every Wednesday with prosecutors, police and forensic scientists to examine, close up, how science is being used to solve local criminal cases.

WKYT-TV, the Lexington CBS affiliate on which the popular CSI shows air, has partnered with the prosecutors, police, scientists and school to produce the computer presentation, complete with realistic on-camera breaking news reports detailing the crimes involved.

Everyone gains from this program.  Students learn more about the application of science in their everyday lives.  The forensic scientists show these kids that there is a career out there for them in science.  Police teach them that their behavior has consequences, and the prosecutors teach them about the court system.

Once again, the court system slams the door of justice in the faces of crime victims.
According to the U.S. Supreme Court, Juvenile Murderers Can Impose a Death Penalty On Innocent Victims - But Juries Can't Impose the Same Punishment On Those Same Vicious Killers
The public thinks criminals are always given preferable treatment by the court system.  Is it any wonder the average law-abiding citizen has little or no confidence in the court system?

Ray Larson Commonwealth's Attorney

In Roper v. Simmons, five of the U.S. Supreme Court Justices have imposed their liberal social will on the rest of us.  Anthony Kennedy’s majority opinion is devoid of any legal logic.  It’s a liberal "feel good" opinion that flies in the face of American law, common sense, and the public’s opinion.

Want to know what kind of sterling citizen Christopher Simmons is? Listen to what he did:

He planned to commit burglary and murder by burglarizing a home, tying up a victim, and throwing the victim off a bridge.

Simmons assured his friends they could ‘getaway with it’ because they were minors.

He and one of his juvenile buddies then proceeded to do just that; breaking into a home, covering the victim's head with a towel, wrapping her up with duct tape and tying her hands and legs together with electrical wire. Then they drove her to a bridge and threw her off into the water, where, helpless, she drowned.

Justice Anthony Kennedy

Justice Kennedy and his four accomplices ruled that the death penalty is unconstitutionally cruel and unusual punishment for murderers who happen to kill while under the age of 18. They gave Christopher Simmons and all other juvenile killers a pass.

They reasoned: "When a juvenile offender commits a heinous crime, the state can exact forfeiture of some of the most basic liberties, but cannot extinguish his life and his potential to attain a mature understanding of his own humanity. "A mature understanding of his own humanity."  HUH!?!  What kind of psycho-babble is that on which to base an opinion of the Supreme Court?

Kennedy and the four other liberal justices claim that the "American society had reached a national consensus" against capital punishment for a juvenile. That, of course, is simply fiction.

More troubling than Kennedy’s claim that our states have reached a "national consensus," is the recent habit of those liberal justices of the Supreme Court invoking "foreign opinion" in order to support their own social agendas and overrule American laws.

The most disturbing part of the majority opinion is their apparent lack of concern for the victims of these juvenile killers.  Their only concern seems to be the welfare of this 17-year-old vicious predator who took such pleasure in the planning and carrying-out of the abduction and murder of an innocent woman who was simply minding her own business. 

As the killer said, it was all for the "fun of it." He said they could get away with it because they were juveniles. He was right. They did get away with it, thanks to the justices with a social agenda, lead by Anthony Kennedy.

What a lousy message to send to the young people of American.  They should be ashamed.

Just What IS Being Taught On Our College Campuses?

Ward Churchill, the tenured professor at the University of Colorado, whose claims that the people who were killed in the 9/11 attacks deserved it, has created a far larger uproar than first thought.  It's not just about him.

His thoughtless remarks have gotten not only himself, but unwittingly, academia into the midst of a huge controversy.  He has focused a lot of America's attention on just what is being taught on college campuses across the country, and by whom it is being taught.

Of course, any question about just what IS being taught on our college campuses is most often derided by claims of interference with "academic freedom" or "freedom of speech."  Dr. Thomas Sowell addressed precisely that issue in his recent townhall.com column, "Academic Freedom?"

Thomas Sowell "Too many people . . . seem to think that freedom of speech means freedom from consequences for what you have said." "Freedom of speech does not imply a right to an audience. Otherwise the audience would have no right to its own freedom." "Unfortunately, many of those who talk the loudest and longest about "freedom of speech" and "academic freedom" are in fact trying to justify the imposition of propaganda on a captive audience in our schools and colleges." "There is nothing in specialized academic expertise which makes professors' opinions on issues outside their specialty any better than anyone else's opinions."

In addition, Gary Aldrich recently wrote in his article, "Job Security," for townhall.com:

Gary Aldrich "The complaints are rising to a crescendo as more students courageously blow the whistle on their professors . . . For example, in a recent meeting with several hundred students of Lehigh University in Pennsylvania, I made an allegation that too many tenured professors proudly declare themselves “Communists” while pushing hard-left agendas on students." "They've made it clear that conservative and Christian views are unwelcome in their classrooms.  I said that students were being blackmailed into silence by professors who hold grade point averages over their heads as punishment for expressing a conflicting ideology." "I also stated that our students are being brainwashed, while parents are being forced to pay large sums of money for the privilege of watching professors play with their children’s young minds. "Two professors . . . rose in protest . . . declared me to be a liar and demanded that I prove my . . . allegations.  A young lady in the front row . . . bravely raised her hand.  . . . She spoke of several of her Lehigh professors who had expressed hatred for American values and fondness for the likes of Fidel Castro.  . . . Other students rose to give similar testimony."

So what is wrong with making sure that college professors teach within their area of expertise and keep their personal and political agendas to themselves?  Students are there for an education, not indoctrination.

About the death penalty for juveniles, Jeff Jacoby wrote:
Old enough to kill, Old enough to die?

Jeff Jacoby

By Jeff Jacoby, Boston Globe, October 21, 2004
The Supreme Court heard oral arguments last week in Roper v. Simmons, a Missouri case that raises the question of whether the Eighth Amendment's ban on "cruel and unusual punishment" forbids the execution of murderers who were 16 or 17 at the time they committed their crimes.

The court was supposed to have settled this issue 15 years ago. In the 1989 case of Stanford v. Kentucky, a 5-4 majority found that there was no American consensus against the use of capital punishment in such instances, and ruled accordingly that the constitutional standard — "cruel and unusual" — didn't apply. On that score, not much has changed. Of the 39 states that have the death penalty today, half continue to permit the execution of murderers who were under 18 at the time of the killing. (No state allows the death sentence for murderers who were younger than 16, and every killer put to death in modern times has been at least 23 at the time he was executed.)

But now the justices are being urged to overturn Stanford on supposedly scientific grounds. We know more than we used to about the way the adolescent mind works, the argument runs, and there are biological reasons why teens younger than 18 tend not to be as adept as adults in controlling their impulses.

A friend-of-the-court brief filed by a gaggle of health-care organizations, including the American Medical Association and the American Academy of Child and Adolescent Psychiatry, claims that 16- and 17-year-olds behave differently than adults because their brains are not fully developed. To execute persons who commit murder at that age would be "to hold them accountable . . . for the immaturity of their neural anatomy and psychological development."

A similar amicus brief, this one from the American Psychological Association and its Missouri affiliate, informs the court that "late adolescents are less likely to consider alternative courses of action, understand the perspective of others, and restrain impulses," since their "brain has not reached adult maturity, particularly in the frontal lobes." Tossing off references to "longitudinal MRI studies" and "cognitive neurology," the brief asserts that "16- and 17-year-olds as a group are less mature developmentally than adults." Well, stop the presses.

The problem here is that what is relevant isn't exactly new — what parent doesn't know that adolescents don't always restrain their impulses? — and what is new may not be legally relevant. The work of UCLA neurologist Elizabeth Sowell is prominently cited in both of these briefs, yet Sowell herself warns against using neuroscience to promote a legal agenda.

"The scientific data aren't ready to be used by the judicial system," she told Science News in April. "The hardest thing . . . is to bring brain research into real-life contexts."

Skeptical, too, is Harvard psychologist Jerome Kagan, the former director of the Mind/Brain Behavior Interfaculty Initiative. "The brain data don't show that adolescents typically have reduced legal culpability for crimes," he says. Clearly teens "can control their impulses without having fully developed frontal lobes" — otherwise "we should be having Columbine incidents every week."

But we don't have Columbine incidents every week. The vast majority of 17-year-olds, like the vast majority of people at every age, don't commit violent crimes — least of all the very worst violent crimes: the especially depraved homicides that the law calls capital murder. Adolescents who have not yet turned 18 may not always act wisely, but rarely do they turn to murder. Should those who do be regarded primarily as heedless kids — or as determined killers?

Consider Christopher Simmons, the defendant in the case before the Supreme Court.

Simmons' age wasn't ignored in his trial. It was offered as a mitigating circumstance, and the jury took it into account when deciding his punishment. That is what the Supreme Court should continue to permit every jury to do.

There are times when a bright-line rule based on age makes sense. We don't let kids drive until they are 16, or buy tobacco before turning 18. When it comes to drivers' licenses and cigarettes, an arbitrary cut-off is both reasonable and efficient.

But when someone has been brutally murdered and an accused killer is in the dock, reasonableness and efficiency are not the standards we use. Guilt must be proven beyond a reasonable doubt. Jurors must weigh all the evidence. Criminal justice is done individually, particularly, with a focus not on how people act generally, but on how *this* person acted in this specific case.

The law as it exists now does not condemn every 16- or 17-year-old murderer to death. It simply preserves capital punishment as one option for the jury. It allows society to say, in rare but appropriate cases, that a juvenile who plotted like an adult and murdered like an adult can be punished like an adult. That isn't cruel and unusual. It's justice.

Jeff Jacoby is a Boston Globe columnist.  © Copyright 2005 Globe Newspaper Company.

Parent Alert!!!
Michelle Malkin, a syndicated columnist, discusses in her February 23rd column, "The New Youth Craze:  Self-Mutilation."  It is pretty scary, and she fears it is spreading among teenagers.  "If you are a parent, you'd better read up," she says.  Good advice.

Michelle Malkin

By Michelle Malkin, February 23, 2005
Have you heard of "cutting"? If you're a parent, you'd better read up. "Cutting" refers to self-mutilation -- using knives, razor blades or even safety pins to deliberately harm one's own body -- and it's spreading to a school near you.

 Actresses Angelina Jolie and Christina Ricci did it. So did Courtney Love and the late Princess Diana. On the Internet, there are scores of websites (with titles such as "Blood Red," "Razor Blade Kisses" and "The Cutting World") featuring "famous self-injurers," photos of teenagers' self-inflicted wounds and descriptions of their techniques. The destructive practice has been depicted in films targeting young girls and teens (such as "Thirteen"). There is even a new genre of music -- "emo" -- associated with promoting the cutting culture.

 In Britain, health care researchers estimate that one in 10 teenagers engages in addictive self injury. According to psychiatrist Gary Litovitz, medical director of Dominion Hospital in Falls Church, Va., the growing trend here in America has alarmed school guidance counselors around the country.

 It's not just delinquents and social misfits who are doing it. A concerned parent sent me the following letter recently:

 While many public schools deny the problem exists, public health advocacy groups are warning medical professionals of the cutting craze -- and have even declared March 1st "Self Injury Awareness Day."

 This madness would not be as popular as it is among young people if not for the glamorizing endorsement of nitwit celebrities such as twentysomething actress Christina Ricci. Several of the websites I researched highlighted the same quotes from Ricci describing her experiences with self-injury:

 In an Us magazine interview, for example, Ricci blabbed about various scars on her hands and arms: "I wanted to see if I can handle pain. It's sort of an experiment to see if I can handle pain." In another interview, she described putting cigarettes out on her arm and answered questions about whether it hurt: "No. You get this endorphin rush. You can actually faint from pain. It takes a second, a little sting, and then it's like you really don't feel anything. It's calming actually."

 And in Rolling Stone, Ricci prattled about scratching her forearms with her nails and soda can tops: "It's like having a drink. But it's quicker. You know how your brain shuts down from pain? The pain would be so bad, it would force my body to slow down, and I wouldn't be as anxious. It made me calm."

 It may be all fun and games for a Hollywood starlet like Ricci, but her mindless stunts have inspired countless young girls to carve themselves into a bloody stupor. Hollyweird strikes again.

Michelle Malkin is a syndicated columnist and maintains her weblog at michellemalkin.com  ©2005 Creators Syndicate, Inc.

"The truth, the whole truth, and nothing but the truth" doesn't seem to apply to Court-TV in it's made-for-TV-movie "Exonerated"
Their claim that killers are "innocent" is just WRONG!  Two of Exonerated's supposed "innocent" killers have plead guilty to murder.

One of Court-TV’s "heroes," Sonia Jacobs (played by anti-death penalty advocate Susan Sarandon) plead guilty in 1992 to second-degree murder of two police officers under an "Alford plea," in which she acknowledged that the evidence would prove her guilty.

Broward County, Florida prosecutor Michael Satz says portraying Jacobs as "innocent" or "exonerated" is bunk . . . . "She was not exonerated by any stretch of the imagination," Satz said. "Glorifying her as an innocent victim in a play or a movie is disingenuous, at best."

Another of the "heroes" that Court-TV claims is "innocent" is Kerry Max Cook (played by Aidan Quinn). He agreed to plead "no contest" and be found guilty of murdering 21-year-old Linda Jo Edwards in 1977. OOPS! That doesn’t sound "innocent" to me.

USA TODAY reported that Cook was convicted of the brutal murder of a neighbor in Tyler, Texas in 1977 and sentenced to death. That conviction and sentence were overturned. Cook agreed to plead "no contest" and be found guilty of murdering Linda Jo Edwards. His lawyer now claims that Cook did so to get out of prison after serving 20 years.

According to the prosecutor in the case, David Dobbs, the plea bargain "was to allow (him) to keep up his charade of innocence. He knows the real deal. He knows what happened that night."

According to the story in USA TODAY, the prosecutors of both defendants say that the movie’s producers ignored plea bargains, witness statements and transcripts of police interrogations that cast significant doubt on the innocence claims of Sonia Jacobs and Kerry Max Cook.

Nobody minds a fictional movie, just don’t try to tell us it’s the truth, when it’s not. The truth can be so inconvenient when it interferes with one’s agenda. Some just choose to ignore it.

Of course voters should know the views of judicial candidates before they vote

Last October, a federal judge granted a temporary injunction which prohibited the Kentucky Bar Association and the Judicial Conduct Commission from enforcing the restrictions on judicial speech before the November, 2004 election.  Then the 6th Circuit Court of Appeals upheld the injunction.

Now the Kentucky Supreme Court, which has oversight over the rules concerning judicial conduct, is about to release revised, less restrictive rules about campaign speech.

The editorial writers obviously don't like the idea of the public voting for judges.  Obviously they don't have any faith that we, "the great unwashed" can make wise and informed decisions about our public officials and what we think is best for our communities and country.

Candidates for all offices, including judges, should be able to express their philosophies freely and publicly.  Otherwise, voters will be like the proverbial mushrooms.  You know, kept in the dark and fed B.S.  Come to think of it, maybe we ought to elect federal judges too.

METH ALERT !!!
Nothing but bad news for meth users

The "Extreme Meth Makeover" poster features two dramatically different photographs of the same woman – one of an 18-year-old girl before she was addicted to meth and one of the same girl after 4 years of meth abuse. The poster is designed to raise the awareness of Kentucky’s youth to the dangers of methamphetamine (meth) use.

There is no more pressing problem than the scourge of Methamphetamine. Every day, newspapers, TV, and radio newscasts report some story about meth; an arrest, discovery of a meth lab, or a meth-affected baby being born to an addicted mother. Meth has arrived in Kentucky with a vengeance. It has primarily been the scourge of the rural area. No more! We are seeing more and more meth cases being made right here in Lexington.

Regardless where it comes from, it is here NOW and we can’t just stand by and watch it destroy lives, families and communities, and do nothing. We want to deliver the message that meth is worse than other drugs in many ways. It is more addictive, it creates paranoia, negatively affects health, and increases people’s tendency towards violence, particularly against children.

We are grateful for the contribution of the Lexington Clinic and Cornett Integrated Marketing Services. Our poster was funded by the Lexington Clinic and designed by Cornett.

Still not convinced of the devastating impact of meth abuse?
Check these photos out:

Meth Mouth - Meth users finding their teeth fall out

According to an Associated Press report, the growing use of meth throughout the country is creating a prominent characteristic on an increasing number of users - rotting and brittle teeth that crumble from their mouths.

Methamphetamine is made from a scary mix of substances, including over-the-counter cold medicine, fertilizer, battery acid and hydrogen peroxide.

Together these chemicals reduce a meth-user's saliva, which neutralizes acid and clears food from the teeth.  When saliva isn't flowing, the bacteria builds up faster, said Academy of General Dentistry spokesman Dr. Eric Curtis.

One user, who lost all of his teeth, said his "teeth all broke apart, tarnished yellow and black.  Before I started doing meth, I didn't have a cavity in my head."

Crime victims begin grass-roots campaign to prevent wholesale release of prison inmates

If you would like a bumper sticker, call 859-246-2060

Crime victims across Kentucky say they have suffered enough.  They are very concerned at what they are seeing and reading.  It seems that some of our elected officials and university professors are saying "there are too many inmates in our prisons."

Victims say that one of the main reasons our crime rate has fallen so dramatically is a direct result of those violent and repeat offenders being sent to prison, and now is not the time to stop.

As a result, the Crime Victims for Equal Rights has distributed across Kentucky its "Catch & Release" bumper sticker.  They are hoping to encourage the public to display the bumper stickers and support "PUBLIC SAFETY" as Kentucky's #1 priority.

If you would like a "Catch & Release" bumper sticker, call for Don Turpin, c/o 859-246-2060.

Lexington Snitch Magazine Features National Prosecution Heroes

Outstanding Prosecutors Named By Attorney General At Prosecutors Conference

Commonwealth's Attorney Ray Larson & Attorney General Greg Stumbo

Ray Larson, of Lexington, and Jack Keith, of Cynthia, were recognized by Kentucky Attorney General Greg Stumbo as Kentucky’s Outstanding Commonwealth’s Attorneys for 2004 at the Kentucky Prosecutors Conference.

Jack Keith, Ray Larson, Chuck Hickman, and H. K. Cooper, left to right.

Larson, Fayette Commonwealth’s Attorney since 1985, and Keith Commonwealth’s Attorney for the 18th Judicial Circuit, which includes, Harrison, Nicholas, Pendleton, and Robertson Counties, were recognized by Kentucky Attorney General Greg Stumbo for their outstanding service to the citizens of the Commonwealth and the prosecutors of Kentucky.

Russell County Attorney H. K. Cooper and Shelby County Attorney Chuck Hickman were also named the Outstanding County Attorneys for 2004 by Kentucky Attorney General Greg Stumbo for their outstanding service to their communities and the prosecutors of Kentucky.

The awards were presented at the annual 2004 Summer Prosecutors Conference held in Owensboro, Kentucky, August 11-13th, 2004.

Larson's Office One Of Two Honored By U. S. Department Of Justice As "Outstanding Local Prosecutor's Offices"

The offices of Tim Cruz, Plymouth County, Massachusetts District Attorney, and Ray Larson, Fayette Commonwealth’s Attorney were recognized by the U.S. Justice Department as the nation’s "Outstanding Local Prosecutor’s Offices" for their distinguished service and commitment to the Project Safe Neighborhoods Program, which focuses on the elimination of gun violence in communities across America.

Lexington’s Cease-Fire Project began in June, 2001.  It is a joint Federal-State-Local project aimed at reducing gun violence in Lexington by aggressively enforcing the laws which govern the illegal use or possession of firearms in our community.

"To date, the Cease-Fire Project has dealt with over 700 cases involving the illegal use or possession of guns in Fayette County," said Ray Larson. "We have achieved a 98% conviction rate and an average 8-year sentence. It just shows how much we can accomplish when we all work together. We are pleased that our efforts have been recognized," Larson added.

"Court's In Session" Begins Its 9th Year Teaching 5th Graders About The Court System
Local law firms support grade school program.

Children's Advocacy Center Of The Bluegrass, Inc. Continues To Insure That The Needs Of Child Victims Of Sexual Abuse And Their Families Are Met
by Lou Anna Red Corn

Lou Anna Red Corn Assistant Commonwealth's Attorney

That same year, the Center, in conjunction with the University of Kentucky, completed the third and final year of the Appalachian Regional Commission (ARC) grant.  That grant linked physicians, mental health care providers and other professionals throughout the state via the telehealth network.  The project was recognized by the ARC as a model program and was selected by the Royal Society of Telemedicine in London, England to present at their annual conference.

In 2004 the Center began a pilot project of using a forensic interviewer to conduct child interviews at the Center.  The forensic interviewer is specially trained to talk, understand and listen to children.  The interviewers gather information to be used in the criminal and child welfare investigation.  The interview is observed by the police officer and/or social worker assigned to the investigation.

The Center continues to assist child victims and their families by providing crisis counseling by a specialized therapist, a medical examination conducted by an expert physician, support and education to victims and families, and by assisting in the coordination of services as the case moves through the intervention process.  All services are provided at no cost to children and their non-offending families.

The Office of the Fayette Commonwealth's Attorney continues to partner with the Children's Advocacy Center of the Bluegrass, Inc. to insure that the needs of child victims of sexual abuse and their families are met.

Why Can't We Learn From Our Mistakes, Instead Of Repeating Them?
Thomas Sowell:  $60 million savings turns into $314 million tragedy.

Thomas Sowell, a senior fellow at the Hoover Institution, complains that we in America are forever rediscovering the obvious. Once again, we are beginning to hear the drum beat of the criminal justice elitists that we are locking up record numbers of people and that the costs are simply too high. "Turn them loose," they shout, we can save so much money."

Hold on. Before we start the wholesale release of convicted prisoners, listen to the tragic lesson learned by Illinois back in the 1980's when they tried the same thing in order to save $60 million dollars.

Thomas Sowell That’s right, Illinois saved $60 million dollars by releasing prisoners three months earlier than they would normally have been released. However, the people of Illinois lost more than five times as much – an estimated $304 million dollars – in direct and indirect costs of the crimes committed by those released during the 90 days that they would otherwise have been behind bars. That was not all of the costs, nor the most important part. Twenty-three people lost their lives at the violent hands of those same released prisoners during those same three months. In addition, those turned loose early committed 32 rapes, 262 acts of arson, hundreds of robberies and thousands of burglaries - all just during the three months that they were originally supposed to be behind bars. So much for the "$60 million saved" by turning prisoners loose early. In the light of what was saved and what was lost, it would seem to be idiotic that anyone would argue for turning criminals lose early.

The question is not why prisoners are being released wholesale from Kentucky’s prisons. The question is why the rest of us stand by silently knowing what the real costs will be.

Incarceration Rate Up. . . Crime Rate Down  --  So What's New?

The violent crime rate dropped again, to its lowest level since 1973.  Why has it continued to decline for the past several years?  The experts point to several factors as reasons for the decline, including:

• The sharp increase in the number of violent and repeat criminals sent to prison;
• The drop in "crack" cocaine use;
• The crime-prone population is aging and is less inclined to commit more crimes; and
• More violent juveniles are being treated as adults, indicating a hardening of the public's attitude toward lenient treatment of young criminals.

The headline in the New York Times said it best:  As Number of Inmates Rises, Crime Rate Falls.  That is no surprise to us involved in the criminal justice system.  From 1980 to 1992, the states with the largest increases in incarceration rates had the dramatic drop in their crime rates.  Those states with the smallest increase in their crime rates continued to suffer higher increases in their crime rates.  The national data, as well as the data for each state, leads to this conclusion:

Leniency is consistent with increases in crime; "Getting tough" works to reduce crime rates.

Since the 60's, history has proven that when the incarceration rate is up, the crime rate goes down; and when the incarceration rate is down, the crime rate goes up.  The facts are today, that the incarceration of lawbreakers is up, and that the crime rate is down.

We must never forget that the fundamental purpose of government is to guarantee the safety and security of its citizens.  Prosecutors and police think we have finally discovered the "root cause" of crime. . . . Criminals!  The truth is that these individuals choose to commit crimes.  They must be held responsible for their acts, and suffer consequences when they violate the law.  The public deserves to be protected from these criminals.

Common sense dictates that imprisonment of violent and repeat offenders will reduce the amount of violent crime.  When these criminals are on the streets, they are preying on our communities.  When they are in prison, they are not committing crimes.

Incarceration of violent and repeat offenders -- not a bad idea, and it seems to be working.

Cease-Fire Project Update:  Taking Aim At Gun Violence

Fayette County Sheriff Kathy Witt

The Lexington Cease-Fire Project, a joint effort between prosecutors and law enforcement to attack gun violence in Fayette County, is producing not only great results, but unprecedented cooperation between agencies.

Over 800 cases in which guns were illegally used, such as armed robbery, and illegally possessed, such as a convicted felon possessing a firearm, have been reviewed and prosecuted in either state or federal court.  Enforcement police agencies continue to work together to create the strongest possible cases to be prosecuted. Cease Fire has achieved a 98% conviction rate on gun cases with an average sentence of eight years.  Kathy Witt, Fayette County Sheriff, has appointed Deputy Sheriff Brian Fields to serve on the Alcohol, Tobacco and Firearms Task Force which has been assembled to strengthen Cease-Fire cases.

"The cooperation exemplified by the Cease-Fire Project simply shows how much we can accomplish when we all work together to confront a serious problem like gun violence," said Commonwealth's Attorney Ray Larson.

"Get Tough!  Seek The Most Serious Charges, Fewer Plea Bargains," U. S. Attorney General John Ashcroft Told Federal Prosecutors

New 'get tough' policy is just the latest step to combat dangerously lenient judges and prosecutors.  As expected, defense lawyers, civil-liberties groups and other anti-punishment types are outraged that criminals may actually have to suffer consequences for violating our laws.

Washington, D.C.  Attorney General John Ashcroft has recently made it more difficult for federal prosecutors to plea bargain with criminal defendants.  Under a new policy directive, prosecuting attorneys are to seek the most serious charges possible in almost all cases across America.

By requiring that prosecutors seek the most serious charges, the new policy will likely expand the number of cases in which the death penalty will be sought in federal criminal cases.  In addition, the new policy seeks to impose greater uniformity and accountability in federal cases.

The plan also includes plans to track data on sentencing practices of federal judges to identify those judges who give lighter sentences to convicted criminals.  Those opposed to the new policy complain that it will create a "black list" of judges.  It appears that the anti-punishment types just don't want the public to be aware of what judges are doing.

It seems to us that it does nothing more than reflect an accurate picture of the sentencing practices of federal judges.  Why are they so afraid of the truth?

Larson Elected As Vice-President Of National District Attorneys Association

Cease-Fire Project Aims At Gun Violence And Sends Armed Criminals To Prison -- Cease-Fire Success Advertised On LexTran Busses

George $oros, The "Daddy Warbucks Of Drug Legalization," Is At It Again

George Soros

First, he financed drug legalization in numerous states across America; Second, he was convicted of insider trading in a French court and fined $2.2 million; Now, he has given $10 million to try to defeat President George Bush's re-election bid.

George $oros, a native of Hungary who emigrated to the United States in 1956, has financed countless left-leaning organizations and initiatives such as drug legalization, is at it again.

Black-On-Black Violence Is A Crisis, Says Deborah Simmons, Washington Times Editorial Writer

Deborah Simmons, Washington Times editorial writer, complains about the willingness of African-Americans to be more distrustful of police than the killers and druggies who prey on our children and our neighborhoods.  Washington, D.C. Police Chief Chuck Ramsey complains that the same group won't speak out against these thugs and killers.  Prosecutor Ray Larson says, "We are all in this war on violence together.  Everyone needs to do their part.  We must all focus on keeping all of our neighborhoods safe, no matter who the bad guys are."

Methamphetamine Update:  Has The "Ice" Age Arrived?

America's Prosecutors Establish "Home Run Hitters Club" To Recognize Outstanding Efforts By America's Prosecutors On Behalf Of The Safety And Security Of The Public

Lynne Abraham, center, receives her Louisville Slugger from Bob Honecker, left, and Ray Larson.

Lynne Abraham, District Attorney, Philadelphia, Pennsylvania, for her persistence in seeking justice in the Einhorn case. Einhorn murdered his long-time companion in 1977, hid her body in a trunk, and then, while out on bail, fled to France in 1981 to escape prosecution. In 1993, while Einhorn was still avoiding prosecution while hiding out in France, Lynne Abraham’s office conducted a trial and achieved a conviction and death sentence. A French court, holding that Einhorn could not be prosecuted without his participation, even though he chose to ignore the trial, set him free. Back in Pennsylvania, legislation was passed to allow Einhorn a new trial but without enactment of the death penalty which France opposed. After a hearing in France in 1999, Einhorn was ordered to be extradited to the United States to stand trial. He was returned to Philadelphia in 2001, stood trial and was once again convicted of murder.

Mia Magness receives her award.

Mia Magness, Harris County Assistant District Attorney, Houston, Texas, successfully prosecuted a woman who repeatedly ran over her husband with her Mercedes while the crime was caught on video. Magness ignored all the hoopla surrounding one of the most publicized cases in recent years, stuck to the facts and won a conviction against an extremely experienced and expensive defense team. Larson said that Magness won the award not only because of her tenacity and professionalism in dealing with this case, but we are grateful that young lawyers, like Mia, have chosen prosecution as an honorable career. "She made prosecutors of this country proud," said Larson.

Paul Walsh receives his award.

Paul Walsh, District Attorney, New Bedford, Massachusetts, who publicly criticized a judge for handing out a string of lenient sentences including sentencing a rapist to probation only and then make insensitive comments about how the young victim should "get on with her life...and get over it." The judge was reassigned to the civil division.

Nola Foulston accepts her award and Kim Parker's.

Nola Foulston, District Attorney, Wichita, Kansas, and Kim Parker, her chief deputy assistant, for securing the death sentence for two brothers who murdered four friends two years earlier. The crime was one of the most brutal in recent history. The women were repeatedly raped and then taken to a soccer field where all were shot execution-style.

Burglars And Looters Take Advantage Of Power Outage During February Ice Storm

Photos of damage from Lexington's February ice storm.

Statistics compiled by the Lexington Police Department show an overall increase in all crimes reported of 3.5% over the same period last year.  The pattern of reported offenses was described by one patrol supervisor as nearly a perfect match to the areas of the city where the power was out for extended periods of time.

Lexington experienced a 29% increase in residential burglaries during the month of February.  Most occurred in homes that had been vacated because of the loss of power due to the ice storm.  A similar spike in commercial burglaries was reported by businesses who were closed at some point during the same period of time.

Auto theft reports jumped 63% for the month.  That increase was attributed primarily to owners "warming up" their vehicles by leaving them running and unattended.  Detectives noted that a significant number of these crimes were committed by juvenile suspects and that the majority of the stolen vehicles were recovered.

Larceny from auto (LFA) reports actually decreased for February, 2003.  While the weather may have played a role in this, a more likely explanation is that the criminals who usually steal from cars were busy stealing from homes and businesses instead.  It is particularly disturbing that a number of LFA reports involved the theft of tools and personal property from the utility vehicles that were working to restore power to our community.

The "Daddy Warbucks Of Drug Legalization," Billionaire George Soros Is Convicted Of Crime In France

George Soros

George Soros, 72, is in the news again.  Soros, a Hungarian-born naturalized American citizen, was recently convicted of insider trading in a French court and fined $2.2 million.  Soros said he would appeal.

According to the Boston Globe, in the recent past, Soros and two of his wealthy buddies, billionaires John Sperling, head of the University of Phoenix, and insurance mogul Peter B. Lewis have contributed heavily to support ballot initiatives which would legalize marijuana in other states.  Their proposal in Massachusetts would have applied to all illegal drugs.

Massachusett's DA's opposed the drug legalization plan backed by the billionaire-boyd and fortunately Massachusetts voters saw through the poly and defeated it at the ballot box.

America's Prosecutors Establish Prosecutors' Memorial

Commonwealth's Attorneys' Winter Conference Held In Louisville

Ronald Reagan:  "The Greatest Living American" According To Esquire.com Survey Of The American Man Conducted Over The Internet

Don't you know that the elitist editors of the liberal Esquire magazine just hate to have to report that their survey of almost 2,000 of its male readers found former President Ronald Reagan is the "greatest living American."

Former President Ronald Reagan was voted as the "Greatest living American" by the 1,876 internet-connected men who cast their vote in the Esquire.com Survey of the American Man.

Mr. Reagan’s strength was that he loved people. Americans sensed that. His enemy was wrong ideas; ideas that hurt people. He always praised "the people." He believed that we are good enough and great enough to fix any problem we faced. Mr. Reagan made us believe it, too. He was an optimist. He restored our faith in ourselves. That’s what leadership is all about.

Ronald Reagan was a man’s man, and the men who voted in the Esquire.com survey know it. That’s just a small part of the reason Mr. Reagan is considered to be "The Greatest Living American."

Ronald Reagan’s definition of a conservative:

A conservative is yesterday’s liberal who was mugged last night.

Larson's Office Achieves 98% Conviction Rate In Drug Cases For 2002

America's Prosecutors Lead The Fight Against Urban Terrorists

Larson Named A Lexington "Power Person" By Ace Weekly Magazine
Ace Weekly Magazine, in a recent profile of a sample of Power in Lexington, featured Ray Larson in an article on "The Power Of Prosecution."

"Being powerful is like being a lady.  If you have to tell people you are, you aren't."   Margaret Thatcher

"All power is a trust; that we are accountable for its exercise; that from the people and for the people all springs, and all must exist."
Disraeli

Power,  like pornography, is difficult to define-but we all know it when we see it.  Real leadership, power, influence and so on isn't conferred by a job title and it isn't something you get to vote on at the polls.

When we set about profiling a sample of power in Lexington, Ace asked:

Who's getting things done in this town?  Or trying to?

Who's making us think?  Or trying to?

Who's pushing and dragging us, kicking and screaming, beyond the status quo?

Ace wasn't looking for a measure of wealth, popularity, or even influence, but a sum of character and action and performance that added up to more than all of that.

Power brings with it a force for the future and the prospect of legacy.  Ray Larson is part of a small sampling of people who possess that force.

Commonwealth’s Attorney Ray Larson photo by Michael Geneve Newcomers to the Bluegrass state aren't always familiar with the term "Commonwealth's Attorney." The office is responsible for prosecution of felonies. If you watch too much television, the prosecution's side is usually represented in more familiar terminology by the District Attorneys and Assistant or Deputy District Attorneys (DA s and ADAs ). Fayette County's office of the Commonwealth's Attorney has 16 prosecutors. Larson is the official who oversees the prosecution of more than 1,500 felony crimes annually in Lexington. In his spare time away from crime fighting, Larson was also the founding president of the Children's Advocacy Center of the Bluegrass. Along with the Center's founding executive director, Linda F. Frank (now executive director of the Crime Victims Compensation Board and the Board of Claims), Larson helped to establish this much-needed organization dedicated to improving the treatment of sexually abused children by the criminal justice system. And his office has gained considerable notice for their repeat offender prosecution program.

Source:  Ace Weekly, October 31, 2002.

Prime-Time Television Shows Are Causing The Public To Have A Positive View Of Prosecutors

Dick Wolf's "Law & Order" television show and its imitators reflect the change in public perception of the legal profession.

The prosecutor in a network drama of yore might as well have entered wearing a black hat, and the defense attorney might as well have been on a noble white steed.  But the prime-time scales of justice have been moving in favor of the prosecutor ever since the 1990 premiere of executive producer Dick Wolf's "Law & Order."

The role-reversal worked.  "Law & Order" is entering its 13th NBC season and guaranteed a 14th.  Spawning several spin-off shows and imitators, Wolf's pro-prosecutor show has reflected a change in the public perception of the legal profession.

"Before 'Law & Order' came along," Wolf said, "it was unthinkable to have a prosecutor as a lead character.  But as far as I'm concerned, they are doing God's work.  There are some pretty bad people out there.  Just look at the last couple of months.

"Every prosecutor I've ever talked to views their profession as a calling -- as much as a police officer or a firefighter.  They stay with it, even though any one of them could multiply his or her salary many times by simply quitting and going to work in a nearby law firm."

Robert J. Thompson, the director of Syracuse University's Center for the Study of Popular Television, has some ideas on what caused this change:  "Number one, the attitude towards lawyers has changed in this country.  No longer a great noble profession, it's one of the most despised professions in the country, and I think that has had something to do with the reshaping of this myth.  The lawyer is now seen as a mercenary.  If anyone is going to be a hero in the lawyering business, it's the person putting people behind bars.

Source:  The Sunday Oregonian, August 11-17, 2002.

Operation Rat-Trap News:  Burglaries Down For The 4th Month In A Row

Aggressive prosecution of burglary and related crimes is paying dividends.  For the 4th month in a row, burglary reports are down when compared to the same time last year.  Almost 80% of the cases resolved to date have resulted in prison or jail time for the defendant.  About these prolific criminals, Ray Larson says, "We know two things about burglars -- when they are out of jail they commit burglaries, and when they are in jail, they don't."

Operation "Rat-Trap" focuses on the aggressive investigation and prosecution of burglaries and related offenses such as possession of stolen property, fraudulent use of a stolen credit card or trying to pass a forged check.

Community support for the project remains high.  Neighborhood associations have become involved with specific cases which involve burglaries which have occurred in their neighborhoods.  One burglary victim, upon the recovery of his wife's engagement ring by detectives, exclaimed, "One hundred cheers for Operation Rat-Trap!"

Source:  Part One Property Crimes Index, Crime Analysis, Lexington Police Department.

Cease-Fire Update:  Gun Crime Means Prison Time
Ray Larson pleased with 97% conviction rate in cases involving guns.

"So far, so good," said Larson of the joint federal-state-local effort to target gun violence.  "We are taking a hard-line approach to criminals who use guns."  A gun-toting defendant recently said of the "Cease-Fire" Project, "They have got the city locked down.  That's messed up.  We are all locked up in here.  What happened?"

Since June, 2001, local, state and federal police and prosecutors have taken a hard line on criminals who use guns to commit their crimes.  A large number of cases have been prosecuted and the project appears to be working.

"We are pleased with the success of "Cease-Fire" so far," said Larson.  "It is essential that the entire community understand that gun crime means prison time."

U of L Visiting Professor Angela Davis Says It's Time To Talk About Abolishing Prisons - Public Safety Must Not Be Important To Her
Davis simply ignores the fact that prisoners put themselves in prison, and that the law-abiding citizens are entitled to be protected from these law breakers.

Angela Davis

(Photo: Courier-Journal.com)

The woman who made the FBI's Most Wanted List in 1970 as a Black Panther fugitive is demonstrably mellower today.

"I'm not the same person I was 30 years ago," Angela Davis says.  "I still try to be involved in radical social change.  I haven't given up on trying to radically transform the system.  I still consider myself opposed to capitalism.

The feminist anti-war icon may have mellowed, but Davis' message still resounds with themes from her firebrand years.  This fall she's been a scholar-in-residence at the University of Louisville, teaching a course on "Women, Race, and Class" with Nancy Theriot, U of L's Women's Studies chair.  Davis has been a guest of the university's Liberal Studies Project, a 3-year-old initiative that promotes interdisciplinary work by bringing distinguished scholars to the College of Arts and Sciences for a semester.

Source:  Louisville Courier-Journal.com, Tuesday, November 19, 2002.

Burglaries Are Down For The Past Three Months - Operation "Rat-Trap" Is Working So Far

Operation Rat-Trap began in February of 2002 with the simple idea that burglars are prolific criminals and the best way to protect the community from the numerous crimes they commit is to put them behind bars. Approximately 75% of the felony burglary cases prosecuted in Lexington so far this year have resulted in jail time for the defendant.

Police records indicate that the number of burglaries reported for a three-month period in 2002 are significantly lower than the same time last year. This trend appeared in both commercial and residential burglary reports made to the Lexington Police Department.

The obvious conclusion is that burglary reports are down because many of the individuals who specialize in this sort of crime are no longer on the streets. As one patrol supervisor stated at a recent meeting: "It looks like we’re keeping the right people in jail!"

Source:  Part One Property Crimes Index, Crime Analysis, Lexington Police Department.

George Barker, Former Circuit Judge And Commonwealth's Attorney, Dies

"He was a role model for prosecutors; we all respected his intellect, integrity and sense of humor throughout all that he did. We are grateful for his many years of service to our community. We are all better for having crossed his path," said Ray Larson.

Judge George Barker

Posted on Mon, Oct. 21, 2002 George Barker, 78, Fayette circuit judge HERALD-LEADER STAFF

George Edwin Barker, former Fayette circuit judge and commonwealth's attorney, died yesterday. He was 78. Mr. Barker, a native of Athens, earned his bachelor's and law degrees from the University of Kentucky. During World War II, he served in the Army as a judge advocate. After the war, he returned to Lexington, where he began his law practice. Mr. Barker ran unsuccessfully for circuit judge in 1963. In 1969, he ran for and won the race for Fayette commonwealth's attorney. He earned a reputation as a tough prosecutor while in office and also started a drug abuse education program in cooperation with the Lexington police department. In 1972, he was appointed to one of two newly created judgeships in the Fayette circuit court by Governor Wendell Ford. He was re-elected to the post a year later and served as judge until his retirement in 1992. During his tenure, he was the first Fayette circuit judge to allow cameras in the courtroom. He was also a strong advocate for drug treatment programs as an alternative to jail terms. Mr. Barker is survived by his wife, Margaret Barker; a son, Stephen L. Barker; and Penny Barker Ebel, all of Lexington; and four grandchildren.

Source:  Lexington Herald Leader, Monday, October 21, 2002.

Kentucky's Prosecutors Meet In Lexington

Issues Facing Kentucky's Criminal Justice System Are Focus Of Commonwealth's Attorneys' Meeting.

Annual summer prosecutor conference provides opportunity for state’s prosecutors to meet for training and planning for effective prosecution and crime prevention initiatives.

Potential candidates for statewide office attend prosecutor’s conference:

Jody Richards
Greg Stumbo
Ed Hatchett
Chris Gorman

Joe Bouvier, Assistant Fayette Commonwealth's Attorney, presented his outstanding and humorous biennial review of Supreme Court decisions.

Prosecutors are concerned about the direction of the Kentucky Criminal Justice Council.

Prosecutors Advisory Council Staff receives kudos for Outstanding Summer Prosecutors Conference.

The public’s safety is in the balance.

CLE devoted to trial advocacy, latest developments in law by Supreme Court, domestic violence, and death penalty trials.

The 6 Biggest Myths Being Spread By The Drug Legalization Gang

WRONG!  The jails are NOT filled with people who possessed drugs for personal use.  People who are in prison for drug possession are often there as a result of a plea bargain reducing the charges of drug delivery, a far different offense than possession for personal use.

New York:  A recent New York Correction Department study of the 22,000 people in jail in New York for drug crimes found that about 97% were incarcerated for selling drugs, intent to sell drugs, or plea bargained down from drug dealing to possession.

Florida:  According to the Florida Department of Law Enforcement, of the 1,555 inmates in prison for drug possession on July 31, 2001, none were first-time offenders.

Typically, first-time offenders guilty only of possession for personal use do not go to prison.  Usually they end up on probation or drug treatment rather than in jail.

Myth #2:  Legalization of drugs would not increase crime.

WRONG!  First, legalization would increase the availability of drugs and there is a strong correlation between drug use and crime.  Drug use affects the user's behavior.  In 1997, illicit drug users were:

Approximately 16 times more likely than non-users to report being arrested for larceny or theft;

More than 14 times more likely to be arrested for driving under the influence, drunkenness, or liquor law violations;

More than 9 times more likely to be arrested on assault charges;

In 1998, an estimated 138,000 convicted jail inmates (36%) were under the influence of drugs at the time of the offense.

Myth #3:  Drug abuse is a victimless crime.

WRONG!  Buying and using illegal drugs is not a victimless crime.  It is a crime that touches the lives of people around the world.

The victims of drug abuse range from those physically harmed by drug-induced crimes to the taxpayers who must foot the huge bill for drug addiction.

By 1988 the cost to society of drug addiction that taxpayers pay for was $143.4 billion.  Those costs to society include the following:

$969 million in hospital costs;
$503 million due to drug-exposed infants;
$127 million for crime victim medical care costs;
$287 million for health insurance costs.

Myth #4:  America's drug policy has been a success.  

WRONG!  Drug use is way down from the high point of use in the late 1970's.  However, we still have too many people who use drugs.  Specifically:

Overall drug use is down 50% since the late 70's;

Cocaine use is down 75% in the last 15 years;

Less than 5% of the population uses illegal drugs of any kind;

Legalization and decriminalization have been failures and leading to increased drug use and increased social problems, health costs and economic repercussions.

Myth #5:  Legalization of drugs will not increase drug use.

WRONG!  Legalization of drugs sends the clear message that drug abuse is not harmful.  Drugs are harmful!  Each year, drug abuse kills 14,000 Americans and costs taxpayers nearly $70 billion.

Examples of the effect of laws making drugs illegal are:

1. According to the 2001 Monitoring the Future Study, 73.3% of high school seniors used alcohol within the past 12 months.  During that same period, 37% used marijuana.  The difference is attributable to the fact that alcohol is legal and more available than illegal marijuana;
2. During the 1970's, when many states passed decriminalization laws, use of marijuana in the United States hit an all time high.  In the late 1980's, after states repealed those laws, marijuana use dropped to less than one-third of the previous levels;
3. Private industry has repeatedly demonstrated that tough drug policies sharply reduces sick days, on-the-job accidents, and workers compensation claims.

Myth #6:  Drugs are not harmful.

WRONG!  Drugs are illegal because they are harmful.  Check the following statistics:

In 1999, there were 19,102 deaths from drug-induced causes (legal and illegal drugs);

There were 168,763 cocaine-related emergency room visits in 1999.
In 2000, there were 601,563 drug-related episodes in emergency rooms nationwide.

Burglaries Down 26% In July - Judges Send 77% Of Burglars Caught In Operation "Rat-Trap" To Prison

The goal of Operation "Rat-Trap" is to catch, convict and incarcerate burglars who choose to commit their crimes in Lexington. Police and prosecutors have been working together since February, 2002 to strengthen burglary cases.  So far it appears to be working, burglaries are down 26% in July.

Total cases in 2002 (as of 8/16/02):  96
Conviction rate:		100%
Cases resolved:		27
	Incarcerated:	21 (77.7%)
	Probated:	6  (22.3%)
Total Prior Convictions:			423 for all convicted defendants
	Felony:		51
	Misdemeanor:		372
	(Note:  does not include juvenile convictions)
Average Prior Convictions:			17.9 per convicted defendant
	Felony:		1.8
	Misdemeanor:		13.7
Average Sentence:			5.9 years

Criminals Are Getting The Message:  Gun Crime Means Prison Time
"Cease-Fire" Project is sending the message that:  "Commit a crime with a gun and you're going to prison."

A prison inmate recently wrote a letter to a friend on the outside. He wrote, "the police are looking for guns now. Tell everyone to get rid of them."

That is exactly the message this joint state-federal effort to combat gun violence is trying to send. GUN CRIME MEANS PRISON TIME!

Newspaper Readership Down - So Where Are People Getting The News?
"Newspapers no longer enjoy a large audience who read faithfully every day. . . people are reading the newspaper less frequently," according to the Readership Institute at Northwestern University.

Credibility. That’s what really matters to the public. "Unless news consumers are confident they are getting the news . . . presented with fairness and balance, they will find other ways to keep up with current events." USA TODAY, August 7, 2002.

• Americans spend 28 minutes per day reading newspapers;
• Americans under 50 spent 11 minutes per day reading a newspaper;
• Women spend less time reading the newspaper than men;
• A growing group of educated young people are not reading newspapers;
• Many college graduates are choosing not to read newspapers;
• Time reading the newspaper increases steadily with age.

• The average American uses the internet 3.8 hours per week;
• Men spend more time on the internet than women;
• Young people spend more time than older people;
• The types of web sites most commonly visited are:

Special interest/Hobby	29.5% of internet users.
Travel related	23.8% of internet users.
Financial services	23.5% of internet users.
Educational	21.4% of internet users.
Newspapers	19% of internet users.
Retail shopping	18.4% of internet users.
Sports	18.1% of internet users.

Lexington Neighborhood Determined To Control Its Destiny
Georgetown Street Neighborhood Association plans to aggressively address "Quality of Life" issues in their neighborhood.

To the residents of the Georgetown Street Neighborhood Association, too many houses were vacant and boarded up and the yards were left unattended.  The owners either didn't care or couldn't be found.  Cars were speeding up and down their streets.  Late and loud congregating was becoming the norm.  Drug dealing was occurring on some of the neighborhood streets.