Kentucky State Seal Office of the Fayette Commonwealth's Attorney

The Sharp Eye

The Sharp Eye

Keeping A
Sharp Eye Out 


The Louisville Courier-Journal Reports That The Fayette Commonwealth's Attorney's Office Is Among Kentucky's Fastest In Disposing Of Felony Charges

Source:  Louisville Courier-Journal

Source:  Louisville Courier-Journal

On Sunday, October 12, 2003, the Louisville Courier-Journal began a four-part series named "Justice Delayed Is Justice Denied," which compares the length of time it takes for felony cases to be disposed of in Circuit Courts throughout Kentucky.

Fayette County was ranked 5th fastest in disposition of felony cases when compared with all of the other Circuits in Kentucky. Fayette Commonwealth’s Attorney Ray Larson credits the Fayette Circuit Judges and defense attorneys, as well as the prosecutors in his office, with such a high-ranking. "The swift and fair disposition of criminal cases can only be achieved when everyone works together toward a goal of efficiency and justice," said Larson.

LawReader.com Blasts "Smear Tactics" Of The Death Penalty Appeals Division Of The Ky. Dept. Of Public Advocacy (DPA)
Source:  LawReader.com

 
LawReader.com

"The Anti-Death Penalty Vandals Strike Again With Smear Brush!"

LawReader.com says:

  • "The anti-death penalty vandals are a real problem for the Dept. of Public Advocacy."
  • "The anti-death penalty vandals once again are willing to sacrifice the best interest of their clients for an opportunity to attack the death penalty."

LawReader.com also says of DPA's Anti-Death Penalty Vandals: 

  • "They are "a cadre of true believers. . .who are willing to sink DPA, sacrifice their own client, and trash the whole judicial system and anyone who stands in their way."
  • "They have a paranoid bunker mentality and they smear anyone who had anything to do with a conviction. . ."
  • "They even attack their own trial lawyers."

 

LawReader.com asks:
"
Who polices these people?" and
"Where is the Kentucky Bar Association, and its' duty to uphold the integrity of the Bar?"
Ernie Lewis Maybe LawReader.com should ask Ernie Lewis, the leader of  Kentucky's Dept. of Public Advocacy.

Ernie Lewis
Public Advocate

 

THE ANTI-DEATH APPEAL VANDALS 
STRIKE AGAIN WITH SMEAR BRUSH! 

Source:  www.lawreader.com Legal News & Editorial Page, reprinted with permission.

Public Advocate Daniel Goyette of Louisville continues to demonstrate a scorched earth policy of smear and slander in the media, by his attacks against Retired Judge Ray Lape and former Commonwealth’s Attorney Don Buring.  In an article in the Kentucky Post, Goyette is reported to have filed a motion seeking the removal of the Kentucky Attorney General’s Office from further representation in the Gregory Wilson death sentence appeal.  He also accuses Judge Lape and Buring of “prosecutorial and judicial misconduct”. Who does he want to replace the Attorney General’s Appellate Division, Kenneth Starr? 

Let’s review this a bit.  Judge Lape busted his judicial buns trying to get someone to Represent Gregory Wilson.  He posted notices in the court house and called on volunteers after the Dept. of Public Advocacy  conveniently sacrificed Wilson’s defense in what we all know was an effort to politically extort more funding from Kenton County and the State.  Dennis Alerding and Deanna Dennison finally stepped in and subjected themselves to the public abuse that everyone knows comes from the Anti-Death Appeal Vandals of the Dept. of Public Advocacy.   They did a great job, and the whole bar owes them a depth of gratitude for their hard work.   But the Anti-Depth Penalty Vandals once again are willing to sacrifice the best interest of their clients for an opportunity to attack the death penalty.   LawReader wants to know where was the Dept. of Public Advocacy when all the heavy lifting was being done in actually trying this case? 

LawReader is tired of their practice of wresting the appeals process away from the trial attorney, and then using the press to try to gain an advantage in their appeal by slandering the trial lawyer, the prosecutor and the judge. The next time we get another taxpayer mailed newsletter from the Dept. of Public Advocacy asking us all to support their efforts for more funding so they can slander even more trial attorneys and judges, we will be sorely tempted to do something creative with it!

LawReader doesn’t like the death penalty a whole lot either, but as long as it is the law of the land, it is the job of all attorneys and judges to uphold the law. Ray Lape conducted a fair trial, and Buring did what prosecutors do.  We can’t see how it benefits Gregory Wilson to advance a defense that Brenda Humphrey  was sexually involved with a judge who had nothing to do with the trial. Let’s see, since a witness was trying to curry favor from a judge who had nothing to do with her case, she was therefore conclusively encouraged to lie against Gregory Wilson?   Is this the first time that Goyette ever heard of  the jury being the one to judge witness credibility?   And is it suggested that Alerding and Dennison failed to attack her credibility?  That’s a stretch, everyone knows that Deanna Dennison is like a chain saw on cross-examination, and Alerding certainly knows his way around the court-room..  So okay,  the credibility issue is a theory, weak but a theory, but why drag Lape and Buring into this mess?   The Anti-Death Appeal Vandals just can’t pass up an opportunity to burn down the court house in their maniacal effort to repeal the death penalty.  Are they just using Wilson as a pawn to attack the death penalty?  Is an attack on a respected judge and prosecutor really going to shame the Supreme Court into granting Wilson a new trial?  LawReader suggests they focus on the Legislature that passed the death penalty law…but wait…. isn’t that the body that writes their pay checks ?

Ray Lape accommodated the witness by allowing her to share a bathroom other than the one Gregory Wilson used.   She was accompanied at all times by a court bailiff…as she was in custody at the time.  Judge Gilliece’s  office was adjacent to Judge Lape’s office and the public restrooms are not the most secure place to take prisoners during a murder trial (…every hear of angry family members?) Any decision made to separate Brenda Humphrey from the man she was testifying against is certainly not “judicial misconduct”. How would it had been better if Lape had forced her to share a restroom with Wilson?.

If  Judge Gilliece, who is now dead, got some strange on the side, with the assistance of a bailiff who is now dead, and a jailer who is now dead, what does this have to do with Judge Ray Lape?   Unless Goyette has some real evidence, we wish he would stop smearing a judge who did his job in an exemplary manner.   He claims that Buring admitted knowing about the sexual liason between Gilliece and Humphrey, and Buring denies this. Classic “he said - she said” speculation.  So we ask where is Gouyette’s evidence? Instead of offering evidence, he merely smears by asking for an investigation.

We are familiar with the old political trick of “asking for an investigation when you have no real evidence”.  This makes for great press and spares you of having to really prove anything.  The game appears to be “slander first, and then the facts aren’t all that important”.  Let’s face it, the only thing Goyette has is against the three dead people involved, who are no longer able to defend themselves. Consequently, he lashes out at Buring and Lape, and of course he gives no credibility to their denials of any knowledge of Judge Gilliece’s sex life.   Make no mistake about it, when Judge Ray Lape says he knew nothing of a relationship between Gilliece and Humphrey, he is telling the truth!  

The Anti-Death Appeal Vandals are a real problem for the Dept. of Public Advocacy.  DPA has struggled to obtain funding from the legislature, and their trial lawyer division is by and large made up of hard working, dedicated people who do a lot of good. When the trial lawyer division was separated from the appeals process, a cadre of true believers was created, who are willing to sink DPA, sacrifice their own client, and trash the whole judicial system and anyone who stands in their way.   They have a paranoid bunker mentality and they smear anyone who had anything to do with a conviction….they even attack their own trial lawyers!. Who polices these people?  Where is the KBA and their duty to uphold the integrity of the Bar? We know there are cooler heads at DPA….when will they speak up?

Criminal Defense Attorneys Should Stop Cannibalizing Each Other, Says Defense-Oriented Web Site Report

LawReader.com

"The Department of Public Advocacy has taken the attitude that it is their duty to attack the reputations of every attorney who preceded them on a case, in order to win a new trial for the defendant," says LawReader.com.

"We call on certain elements within the Department of Public Advocacy (DPA) to tone down the hostile attacks against the system.  Not every judge, prosecutor, or opposing counsel is an enemy...don't make them enemies by your scorched earth tactics.  It's time for cooler heads at DPA to prevail.  LawReader remembers a day when new attorneys were eager to volunteer to try felony cases for a few dollars or for free.  They wanted the experience.  But DPA's appellate division has taken the attitude that it is their duty to attack the reputations of every attorney who preceded them on a case, in order to win a new trial for the defendant."

"LawReader suggests that before DPA files an 11.42 (a claim of ineffective assistance of counsel), they ought to remember that the attorney they are going to attack and vilify, is a human being, has a family, and bleeds.  Since this practice started, the available pool of pro bono criminal attorneys has dried up.  Why take a case for free, only to be assured that is you lose, DPA will file an 11.42 and criticize you in the press?"

"We appreciate the fine work DPA does, but their appellate division sometimes has gone overboard, and the result has been harmful to the bar.  We would suggest that they apply the same standards for taking these 11.42 appeals of private attorneys, to DPA attorneys when they were the trial attorney.  When have you ever heard of DPA filing an 11.42 against one of their own attorneys?"

Editor's comment:  We hate to become involved in what appears to be a family squabble between criminal defense lawyers.  But it appears that the first and most difficult task for LawReader.com will be to convince the DPA appellate division that some of these convicted criminals they represent are actually guilty.  Good luck!

There's A New Watchdog In Town

Cheryl Truman

Agent Truman
Herald-Leader Columnist

Secret Agent Cheryl Truman was going to be on patrol looking for violations of her "Christmas Lights Rules."

Secret Agent Cheryl Truman was on patrol looking for violations of her "Christmas Lights Rules."  You see, on January 5, 2002 she decreed:

"Lights out, everybody!  Christmas lights, I mean.  It's Jan. 5, we are well passed the over-hyped holiday season, and yet many of you persist in treating passers-by to electrified Santas, glowing baby Jesuses and brick-nosed reindeer visible from Covington."

Later, on 1/12/02, Secret Agent Truman admitted:

 "I was wrong -- the lights can stay."  

But you know she's still watching.

Just think of the possibilities if Secret Agent Truman continued her search for violations of her Christmas Lights rules.   

For example, with the Legislature in session, Secret Agent Truman might have sought a state law to prohibit the display of Christmas lights any longer than she thinks is appropriate.  In addition, violations of her rules might have been classified as a felony requiring prison time.  

Secret Agent Truman might have created a "Christmas Light TIP-LINE," or  a neighborhood watch program. Just think - programs that would protect us from our neighbors who are actually enjoying themselves.

Editor’s comment:  Christmas lights don't seem like such a big deal.  Fortunately, Secret Agent Truman got the message. 

Karen M. Davis Sworn In As Kentucky's Fifth Female Commonwealth's Attorney

Karen Davis

Karen Davis
Commonwealth's Attorney

On December 2, 2001, Karen Davis was sworn in as Commonwealth's Attorney for the 43rd Judicial Circuit, which encompasses Barren and Metcalfe Counties.  The vacancy was created when former Commonwealth's Attorney Phil Patton became the Circuit Judge for the 43rd Judicial Circuit.

With Davis' swearing-in there are now five female Commonwealth's Attorneys serving as felony prosecutors in Kentucky.  There are a total of 56 Commonwealth's Attorneys serving the judicial circuits in Kentucky.

She joins the following women Commonwealth's Attorneys:

Karen Blondell Karen Blondell Middlesboro, Kentucky
Gale Cook Gale Cook Murray, Kentucky
Anna Melvin Anna Melvin Paintsville, Kentucky
Linda Tally-Smith Linda Tally-Smith Florence, Kentucky

Fred Capps Murder Case Update:  Once Again, Crime Victims Are The Losers
Even after the Parole Board denied her parole, Circuit Judge James Weddle still granted early release from prison to the woman who plead guilty to criminal facilitation of the murder of prosecutor Fred Capps.

The Kentucky Parole Board denied parole for Patricia Vaughn, and required that she serve her entire sentence, because:

"She is a poor parole risk,
because of the seriousness of the offense,
the violence involved,
and because a life was taken."
Judge James Weddle

Judge James Weddle

Regardless, Judge James Weddle, still let her out of jail early.  Weddle decided that the defendant was abused by her husband, and therefore, "Justice would not be served by her continued incarceration, when it is obvious that she is deserving of probation."

Fred Capps, Commonwealth's Attorney, 29th Circuit

Fred Capps
Commonwealth's Attorney
29th Circuit

Neither the prosecutors nor the family of the murdered prosecutor, Fred Capps were given any prior notice of the decision by the court.

Even after the Kentucky Parole Board denied her parole, Judge James Weddle still let Patricia Vaughn, the wife of Killer Eddie Vaughn, out of prison early. She had plead guilty to facilitating the murder of Commonwealth’s Attorney Fred Capps and was sentenced to 4 years for her role.

Criminal Facilitation means that a person acts with knowledge that another person is committing or intends to commit a crime, and knowingly provides that person with means to or opportunity for the commission of the crime and which aids that person to commit the crime.

Patricia Vaughn was released early from prison thanks to a "Shock Probation" order by first-term Circuit Judge James Weddle. Because she was abused "Justice would not be served by her remaining incarcerated," according to Weddle’s Order granting shock probation to the convicted wife of Capps’ killer Eddie Vaughn.

"We had no idea," said Cathy Capps, widow of Fred Capps. "No one notified us, or the prosecutors. We heard about it just like everyone else."

Weddle’s action serves as just another example of the criminal justice system ignoring the innocent victims in this case. Of course, while Patricia Vaughn is now out of jail, the family of Fred Capps will continue to suffer the pain of the loss of their father and husband for the rest of their lives. The family of Fred Capps received a life sentence. A life of pain and sorrow.

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