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Brittany
Blackburn
Centre College
University of Kentucky College of Law
2L |
Beth
Caudill
University of Kentucky
Senior |
Brandon
Faulkner
Birmingham Southern College
Salmon P. Chase College of Law
3L |
Katherine
Jane Fitzpatrick
University of Kentucky
University of Louisville Law School
3L |
Alexandra
Gibson
University of Kentucky
Regent College of Law
3L |
Todd
Greer
University of Kentucky
University of Louisville Law School
2L |
Sarah
Hale
University of Kentucky
Georgetown University Law Center
2L |
Sara
Jennings
Eastern Kentucky University
Senior |
Chris
Keller
University of Kentucky
Ohio Northern Law School
2L |
Blake
Nolan
University of Kentucky
Senior |
Michelle
Peyton
University of Kentucky
Senior |
Megan
Thompson
University of Kentucky
Senior |
Emily
Wessel
Northwestern University
University of Michigan Law School
2L |
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REPORT
NO. 1
Our First Day as the Fayette
Commonwealth's Attorney's Interns |
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By
Sara Jennings
An opportunity of a
lifetime is hard to pass up. As I walked up to the front of the door to
the Fayette County Commonwealth’s Attorney’s Office, I was not sure of
what to expect. Many thoughts raced through my head. What am I going to be
doing for this summer? Are we just doing paper work? What is this
internship about? How many interns are going to be there? I have to admit,
I was extremely nervous as I walked through the door.
When we arrived at the office, we were
directed back to the conference room where the Monday morning staff
meeting was being held. Several attorneys were in the room, and we were
met with their smiling faces. The prosecutors were going over the new
cases that they had received. After the meeting we met Elizabeth Davis who
is the internship coordinator and an Assistant Commonwealth
Attorney. She informed us that she had planned a regular orientation for
the day, however, plans had been changed. We learned that instead of a
traditional orientation we were going to sit in on a murder trial. I
thought to myself a murder trial on the first day, this is going to be an
interesting summer!
We proceeded to introduce ourselves to each
other as we walked to the courthouse. We then arrived at the Fayette
County Courthouse and walked into the courtroom. We sat in the back as the
jurors were announced. The jurors were instructed to not talk to anyone
about the case or even to each other. After the jurors were instructed, a
short recess was taken. When the trial reconvened, both sides gave their
opening statements and the Commonwealth went first. We learned that using
a PowerPoint presentation in your opening statement is extremely
effective. The images and descriptions used really gave the jurors and the
public an overall insight into the prosecution’s case. The Defense gave
their opening statement which was quick and to the point.
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The defendant,
Darryl Burrell |
After the opening statements, the Commonwealth
began to present their side of the case. Their first witness was called to
the stand and the trial was set into action. Patrol Officers, who were
dispatched to the scene, were called in to give details of the incident.
According to police, Darryl Burrell allegedly entered the Dairy Mart with
a sawed-off shotgun in order to rob the store. Ashley Cason, the victim,
was working as a clerk that day. Mr. Burrell used the weapon to rob the
store. The two other victims were instructed to get down on the ground and
give Mr. Burrell their wallets. Ms. Cason gave the defendant the money
from both registers in the Dairy Mart. After this the he instructed all
three to go back into a cooler. The defendant then fatally shot Ashley
Cason in the back. As the two victims ran into another room, one of the
shotgun pellets grazed the stomach of one of the victims. The defendant
left the store after this.
One important witness was John Arnold. Mr.
Arnold specializes in the equipment the store used for surveillance. The
image equipment captures audio and video. Mr. Arnold then proceeded to
play the video and the audio while an eye-witness took the stand. The
victim’s family was very emotional during the audio because the shot and
the scream during Ashley Cason’s death could be heard. During this
audio, Ms. Cason’s brother had an emotional outburst and was forced to
leave the courtroom. During the mid-afternoon break all of the interns
walked back to the office. We had a quick orientation of what the
Commonwealth’s Attorney’s Office really does and how a case reaches
them. We talked about the logistics of the internship and introduced
ourselves. As we walked out of the office on our first day we continued to
discuss the excitement of the trial.
The trial continued until the end of our first
week at the Fayette Commonwealth’s Attorney’s Office. At the end of
the third day the Commonwealth closed their case. The Defense oddly
declined to introduce any evidence or witnesses. Both sides then proceeded
to give their closing statements. The jury was given the case to
deliberate at 4:00 p.m. on Wednesday. After seven hours of deliberation,
Darryl Burrell was convicted of wanton murder, three counts of robbery,
two counts of attempted murder and one count of tampering with physical
evidence.
On Thursday, the sentencing phase of the trial
began. The defense attempted to bring in several of Mr. Burrell’s family
members to show his personality and give the jury insight into his life.
The Commonwealth explained that the death penalty was the appropriate
punishment for Mr. Burrell. After deliberation the jury recommended life
in prison without the possibility of parole.
After a murder trial and the excitement of our
first week as interns we have begun to bond. Our intern group is a
wonderful mixture of law students and undergraduates from different areas
and backgrounds, but we all have one thing in common: we are ready to
learn about criminal law. I can tell that this summer is going to be a
summer that will change all of us in several ways. This will be an
internship where we will not only learn a lot about law, but a lot about
ourselves. |
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REPORT
NO. 2
Lexington Bureau
of Investigation Meeting |
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By
Megan Thompson
N.Y.P.D.
Blue, Cold Case, C.S.I., Law & Order- what do all of these shows have
in common? They all portray detectives as men who walk around with guns at
their hip. Like these television shows, the detectives of the Lexington
Police Department fit the description of the stereotypical detective
portrayed on television. Contrary to what is portrayed on television,
real-life detectives play a vital role in our criminal justice system.
Detectives work as a liaison between the Police Department and the
Commonwealth Attorney’s Office and serve as the go-to people for
important evidence in a criminal trial.
All of the interns were assigned to attend a
Bureau of Investigation Roll Call
for the Lexington Police
Department. As
we entered the conference room where the meeting was being held, we were
greeted by an abundance of male detectives. Some were dressed in ties and
dress pants, others were in jerseys and tee shirts. One item of their
apparel was consistent- the handgun.
This meeting was held to
discuss and stress the importance of team-work between the office of the
Commonwealth Attorney and the Lexington Police Department. The meeting
began with Commonwealth Attorney
Ray Larson
stating that the Commonwealth Attorney’s Office and the Detective Bureau
were almost "joined at the hip." Ray stressed that it is important to
have coordination between the two departments. Evidence is one of the
most important components of an investigation and trial and it is
important that it be treated with utmost consideration. Ray emphasized
effective communication between the Investigative Unit of the Lexington
Police Department and the Patrol Officers with the Lexington Police
Department.
Ray also emphasized the importance of
Lexington getting the AVID video surveillance system. This is a tool that
enables surveillance systems to take hidden images from videos and enhance
those hidden images. This will be beneficial to everyone in the trial
process during a robbery trial for example. This AVID system will cost
$40,000. The need for this software program is critical for the most
effective investigation and prosecution of cases involving the use of
security videos. Business leaders whose businesses are frequent targets of
armed robbers met to determine if the police-business partnership could
work together to obtain the software and equipment necessary to improve
our ability to investigate and prosecute criminals.
Overall, this meeting served as a reminder for
the Detective Bureau and the Commonwealth Attorney’s Office to have
better communication during investigation processes. It also served to
stress that investigators and patrol officers alike to make sure all of
their t’s are crossed and their i’s dotted when conducting an
investigation that will go to trial. Evidence is the most important
component of a trial and it needs to be handled and collected with utmost
care! |
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REPORT
NO. 3
Riding Along with the Lexington Police Department |
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By
Todd Greer
The Police Ride-Along
assignment was an eye-opening experience for the interns that allowed us a
first-hand look at the initial stage of the criminal justice process:
Arrest. At 4:00 pm on Friday, we arrived at our respective police stations
for the Roll-Call meeting. At the Roll-Call meeting, we met the police
officers to whom we were assigned and the police officers were informed
about the recent criminal activity in the district. At the close of the
roll-call meeting, we head out on patrol. Because each intern’s
experiences on the police ride-along were unique, we feel it is best to
let the interns speak for themselves as to what they saw on patrol.
Todd Greer
The police ride-a-long was an
experience that I will never forget. Throughout the night, Officer Marlin
and I responded to domestic violence calls, automobile accidents, house
alarms, police emergencies, and even tried to pick up a suspect that had a
warrant for armed robbery. What struck me most about my ride-a-long was
the extent to which the police officers serve our community and how
dangerous their jobs are. These men and woman truly deserve every citizen’s
admiration and respect. Seeing the police officers in action only added to
my desire to become a prosecutor and play a pivotal role in law
enforcement.
Megan Thompson
My ride-along with the Lexington
Police Department was truly an eye-opening experience. In never realized
how dangerous some areas of Lexington were until I saw the crime
first-hand. If I realized one thing on my ride-along it was that drugs are
a prevalent problem in Lexington and this fact further solidified my
desire to prosecute criminals.
Sarah Hale
My
experience on the ride-along quickly took an exciting turn. Officer Thomas
and I were called to a nearby neighborhood to respond to complaints of a
man who had been observed walking along the street and acting
suspiciously. The officers spoke with the man and asked if he was carrying
any weapons, to which he responded that he was not. Suddenly, the man
reached into his pocket, withdrew a black and silver object, and began
pointing it at the officers. He then turn and ran, still pointing the
object at the officers. After the suspect tripped the officers began to
subdue him and several minutes later he was handcuffed, checked for
injuries, and sent to jail. This incident was a frightening and exciting
experience which reminded me that when police officers go to work they do
not know if their next call will be a false home alarm or a potentially
deadly situation.
Emily Wessel
A traffic accident, a wandering
toddler, mischievous pre-teens, and public drunkenness. My ride-along
through Lexington’s West sector was an exhilarating look into the
challenges facing our police
force. Their job is often associated with danger – and rightly so –
but what struck me most was their ability
to positively influence the community in which they live. Whether quelling
a neighbor’s fear or speaking to
a group of adolescents, the police stand for stability and safety in the
midst of uncertain times.
Chris Keller
My Friday evening with the Lexington
Police force was like none other that I have ever had. The excitement
began right after roll call when we were immediately dispatched to a
three-car accident. After working the accident, we took a wide variety of
calls ranging from possible narcotics activity to a suspicious person
wandering the streets in hospital clothes. We escorted an ambulance to the
UK Medical Center and gave a guy a ride to jail after we pulled him over
and found that he was driving on a suspended license. It was a Friday
night that I will never forget.
Sara Jennings
The police ride was an experience
that I will never forget. I was extremely nervous at the beginning of the
roll-call meeting. Certain crime high areas were mentioned, and the cops
were instructed to be on the watch for certain individuals. After the
meeting, I was assigned to my patrol officer and we climbed into his car.
We both expected the night to be packed with crime because it was the
Friday of Memorial Weekend. However, we did not receive very many dispatch
calls. We arrived at a neighbor dispute, but it was solved without a
report having to be filed. We wrote tickets for two traffic violations,
and were called upon to back-up a police officer who had apprehended a man
with a DUI and suspended license. He was arrested. Overall, this
experience really made me gain a tremendous amount of respect for the
police and realize how dangerous their job is just to protect the citizens
of Fayette County.
Blake Nolan
Around 11:00 pm Officer Cooper and I
pulled behind a suspicious looking vehicle with expired tag s. The officer
immediately proceeded to pull the vehicle over and noticed that there were
several people in the car. He called other officers to the scene for
backup in the event that the suspects decided to run from the police. A
quick scan of the driver’s name revealed that he was driving on a
suspended license and was immediately arrested and placed in the back of
the cruiser. After a quick search of the vehicle for any suspicious items
turned up nothing, we proceeded to take the suspect to jail where he would
stay for the rest of the evening. He was booked fairly quickly and we were
off again to fight more crime.
Brittany Blackburn
I learned from my ride-along that the
police officer’s average day is less like that portrayed on
the popular "Cops" television show and more like that of a
personal counselor. Officers are dispatched to speak with an individual
who merely seeks someone to listen to his or her problems. I was greatly
impressed by the patience and compassion shown by Officer Eaden, as he was
truly concerned with each individual’s problems and sought to help each
person in every way possible. The ride-along afforded me the opportunity
to gain more insight into the law enforcement department and even more
respect for the Lexington area police officers.
Katherine Fitzpatrick
I spent much of my ride-along
observing police procedures and dealing with the red-tape officers face
day-to-day. For example, Officer Greer and I were called to a group home
and subsequently arrested a juvenile for narcotics. Later, we stopped and
arrested an adult on suspicion of D.U.I. I was most interested in how
Officer Greer treated the situations differently; with the minor, we spent
two and a half hours in paperwork and interviews alone, whereas with the
adult, he was booked and jailed within 45 minutes of the stop. It made me
question the efficiency of the juvenile justice system and wonder how it
might be better organized to make the most of our officer’s time on the
streets.
Beth Caudill
My experience with the ride along was
overwhelmingly positive. I was excited from the beginning of the shift
until the last moment when Officer Blanton forced me out of the patrol car
so he could go home. The most exciting call we were dispatched to involved
an automobile that hit a tree. With sirens blaring, we rushed to the scene
to find that the driver was a 62-year old woman who we eventually arrested
for driving under the influence of alcohol and driving with no insurance.
It was eye-opening to realize that her mistake could potentially have been
fatal and caused harm to others simply because she made a poor decision.
Every intern thoroughly enjoyed their
experience on the Police Ride-along. It was an excellent opportunity to
witness the first stage of the criminal justice process and to see the
terrible effect that criminals have on their victims and the community.
The Lexington Police Force has a tremendously difficult job of protecting
the community and every intern was impressed with the dedication with
which the police go about performing that duty. |
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REPORT
NO. 4
The Detention Center Tour |
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By
Emily Wessel
Off of Old Frankfort
Pike in Lexington, Kentucky, sits the Fayette County Department of
Corrections. At first glance, one might mistake the compound for a horse
farm – the five year-old building is freshly painted, with a refined,
countryside style more often associated with a clubhouse than a jail.
But this is jail. When
we entered the facility, the sunny facade abruptly gave way to a sterile,
gray interior. We were issued name tags in exchange for our IDs, and
watched as a couple of female prisoners completed their custodial duties
around the lobby. Don Leach, Assistant Director of the Division of
Community Corrections, arrived, greeted us with a big smile. Leach has a
number of goals: to incarcerate offenders, protect the community, reduce
recidivism, and keep costs down (the current cost of incarceration is $55
per person, per day). All the while, Leach must stay within the bounds of
the 8th and 14th Amendments, and he must keep the
1,170 prisoners safe from each other, and themselves. Leach cites Maslow’s
Heirarchy of Needs when he explains the reasoning behind television
access, weekend brunches, and a commissary available for prisoners to
purchase their favorite snacks (Note: Leach tells us that the favorite
shows include "America’s Most Wanted," "Jerry
Springer," and "Judge Judy.") Engaging people in
constructive activities, Leach says, will result in the behavior control
so necessary in a housing unit where prisoners outnumber officers 80:1.
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Emily
with medical records clerk at the Detention Center Medical Facility |
Our first stop was the
Bureau of Master Control. A dark room full of television monitors, Leach
proudly calls this staff his last line of defense. The people who work in
Master Control must be acutely aware of all activities occurring
throughout the 470,000 square foot compound. They are able to do so
through a complex web of monitors, speakers, alarms, and controls. Their
cameras’ "zoom" functions are so intense that a staff member
can read what an offender is writing. Inside the compound, a door will not
open without the approval of Master Control. Outside the compound, a bus
going to or from another prison, court, or a work release program will not
leave or return without Master Control’s consent.
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Blake,
Sarah, Megan, and Chris waiting in the jail drunk tank |
As we walked from Master
Control to the Intake Area, we passed more prisoners working. Leach says
that Inmate Labor is restricted to only the least dangerous, and that such
programs give prisoners discipline. We saw one prisoner participating in
the Inmate Watcher Program, where he is paid $5.00 a day to observe a
fellow inmate who has been identified as a high suicide risk. We watched
as he paced the hallway, back and forth, intently staring into the housing
unit.
The Intake Area deals
with every person, from the drunk fraternity member to the murder suspect.
Since 40% of those arrested will be released following the intake process,
the department is focused on efficiency. Leach demonstrates the flow
pattern of Intake, where those arrested move from staff member to staff
member in a circuit-like fashion. From seat belts on chairs to drains in
the floor, the room is designed to accommodate the highly intoxicated, the
dangerously violent, and the unruly. We were introduced to the "lazy
boy lounge chairs," which are not recliners, but rather,
uncomfortably angled chairs equipped with straps for the arms and legs.
"The hood" is another device, placed over the head of the "spitters."
The "Amnesty Box" looks like a mailbox, but gives the arrested
one last chance to deposit any illegal items without legal recourse. A
laser finger print machine stands ready to scan come this evening’s
influx. A poster of a skeletal looking meth
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couldn't behave herself so into the jail's version of a La-Z-Boy |
addict serves as a
not-so-subtle reminder of the destructive force of drugs. As the link
between substance abuse and crime remains strong, the point is anything
but moot.
At the conclusion of the
tour, we walked through a few housing units, stopping to meet a prisoner
who gave us some insight into the meaning of various tattoos (Note: stay
away from people with tear drops – each tear drop represents a murder).
Another prisoner greeted Ray with a "Hi, Mr. Larson, how you
doing?" A female prisoner asked Leach for cable television, almost in
a shy way, and answered his denial with a smile and a shrug. It was
astounding to realize that the majority of these prisoners greatly respect
Leach and the police officers who guard them. Indeed, they respect the
prosecutors who make sure they pay for their crimes. This respect seems to
stem from being held accountable for their actions. Perhaps the criminal
justice system’s recognition of them as human beings, able to make their
own decisions of their own free will, is, in a strange way,
self-affirming. As we exited through the front doors, a sense of justice
filled the air. |
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REPORT
NO. 5
Victim Assistance Network
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By
Michelle Peyton
The Victims Assistance
Network met for the second time on June 6. The Network consists of
representatives from agencies who provide services to victims of crime. The
meeting was attended by several special guests, who were all victims of some
type of crime. The victims were asked to tell about the crime they endured
and how victim services could be improved. The perspective of actual crime
victims is very helpful and beneficial to those who provide services to
victims of crime.
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Connie
Kotzbauer, mother of murder victim |
Connie Kotzbauer was one
of the guests in attendance. Connie is a survivor of a homicide victim.
Connie’s daughter was raped and murdered in Illinois in 1999. Her daughter
was at a Wal-mart in Illinois buying diapers for her young baby when she was
kidnapped and later raped and murdered. Connie says that in Illinois at the
time of the trial the state had no one to inform her of the case, to explain
different proceedings or portions of the case, or to support her and attend
the trial with her. At the Commonwealth’s Attorney’s Office in
Lexington, KY we are fortunate to have 4 victim advocates, which help
victims throughout the criminal justice system. Many times the criminal
justice system can become very confusing and for many victims and survivors
of victims going through the process alone can easily become too much for
them to bear.
Connie says after the
three and a half year process of the criminal justice system she felt she
was left out in the cold. She needed something to hold on to and found very
little support for homicide victims. She says the violence of what happened
to her daughter runs through her mind all the time. Connie wanted to talk
with the family of the defendant to help her to heal. In order to alleviate
some of the pain and to heal she started to help others. Connie sends out
remembrance cards to families who have had loved ones murdered. She says
that sending the remembrance cards is actually healing for her and it
enables the memory of her daughter to remain alive.
Another victim of crime
was a guest of Elieen O’ Malley with the Center for Women, Children, and
Families. The crime of sexual abuse happened when the victim was only 8
years old. During the prime of the victim’s childhood she was sexually
abused by a family member and was told the abuse was her fault. The victim
is now in her fifties and she says still to this day the crime is
unfortunately a part of her life. The statistics regarding sexual abuse
cases eventually become only numbers, however having a victim of child
sexual abuse sitting before you telling her very personal story from her
heart really gets your attention. Her suggestion for helping victims is to
educate the faith community on sexual abuse.
The next victim of crime
was assaulted at Kroger’s at 8:00 in the morning while going in for work.
She stepped out of her car parked in the Kroger’s parking lot and a man
started swinging a hammer at her. Luckily, there were people around at the
time of the incident and they ran to help her. The man was convicted of
first degree assault, and he must serve 20 years before he is eligible for
parole. Robin Gridley, a victim advocate at the Commonwealth’s Attorney
Office helped the victim through the criminal justice process. Robin sat
through the entire trial with the victim. The victim said she doesn’t know
what she would have done if it had not been for the victim advocate.
The other two victims were
victims of identity theft and burglary. The victim of identity theft had a
suggestion of making a brochure of important phone numbers that would be
needed by the victim to call and cancel credit cards and checking accounts.
All 5 victims had a very different story to tell, however they were all
equally important. The personal stories of the victims all had 1 thing in
common and that is the fact that the tragedy of the cri me they went through
has and will continue to forever change their life in someway. Victims of
crime cross all barriers of socioeconomic class, age, gender, and race. Any
of our loved ones or ourselves could become a victim of crime at anytime,
which should encourage us to support victims. Speaking with actual victims
is very important in continuing to provide and even improve imperative
services to victims.
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REPORT
NO. 6
Green Acres Neighborhood Association
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By
Emily Wessel
Tonight, Ray Assistant
Commonwealth Attorney Carolyn
Miller, and I visited the
Green Acres Neighborhood Association. Our attendance is part of our
Community Prosecution program, an effort to work with Fayette County’s
neighborhoods in order to understand the concerns of each neighborhood.
About forty concerned neighbors came to the community’s park to voice
their concerns about recent activity, including nightly drug dealing. Most
disturbingly, the dealing has recently led to drive-by shots being fired at
the park. The shootings generally occur around dinnertime, and with summer
underway, the lively park and its visitors now face some danger. The
children are out and about, and a basketball program is commencing next week
in the park. Parents, grandparents, and neighbors are, understandably,
extremely concerned.
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Emily
and Carolyn Miller attend the neighborhood meeting |
They are also determined
to see that this activity ends. With the help of the Lexington Police and
our office, the community members agreed to be proactive in curtailing these
illegal and life-threatening acts. They stand ready to take down license
plate numbers if necessary, call the police with information, and educate
others to look out for suspicious behavior. We will also be in attendance
for their meeting next month. These acts of violence are meant to intimidate
this community, but we saw a group of people committed to fighting back. We
intend to help them in their fight.
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REPORT NO. 7
Mortgage Fraud Legislation
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By
Sarah Hale
Mortgaging a home is a
complicated process. There is so much paperwork. All of that paperwork needs
to be filled out accurately and honestly. It seems obvious that
intentionally falsifying any information would be a violation of the law.
Unfortunately, as of June
2006, in the Commonwealth of Kentucky there is no statute criminalizing
mortgage fraud. There is no law specifically prohibiting misstatements,
misrepresentations or intentional omissions on documents used in the
mortgage lending process. In the absence of such law, Kentucky ’s
Commonwealth’s Attorneys are forced to prosecute cases of mortgage fraud
under pre-existing theft statutes that don’t directly address the crime.
Mortgage fraud is becoming
increasingly prevalent in the world of white collar crime and states need
laws under which perpetrators of mortgage fraud can be directly prosecuted
for their acts.
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Sarah
during the mortgage fraud discussion |
In May, 2005, Georgia
became the first state to directly respond to the mortgage fraud problem by
enacting the Georgia Residential Mortgage Fraud Act. The Act clearly defines
the crime of mortgage fraud and proscribes punishment guidelines for those
convicted. Several other states have introduced bills to address the issue.
In early 2006, in an effort to contend with the mortgage fraud problems in
their states, legislators from New Jersey, Utah, Oklahoma and Colorado
introduced bills that are similar to the Georgia Act. Thus far Kentucky has
not introduced such a bill.
Over the summer, Todd,
Brandon and I will work with Commonwealth’s Attorney Ray Larson and
Assistant Commonwealth’s Attorney
Jason Rothrock to draft a proposal
for a mortgage fraud statute in Kentucky. Our hope is that we can impress
some members of our Legislature with the importance of addressing mortgage
fraud in Kentucky.
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REPORT NO. 8
American DA - LIVE |
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By
Beth Caudill
With a guest list boasting
the most intriguing and well-known prosecutors from around the country
who are responsible for convictions of the most infamous criminals—from
Jeffrey Dahmer and Ted Bundy to the Columbine school shootings—it may
seem like I am describing the drama of a Dateline or 20/20 interview.
However, these are just some of the few guests that have participated in
the radio program
American DA -
LIVE, straight
from Lexington, Kentucky hosted by radio personality
Jack Pattie
who was joined by Commonwealth’s Attorney Ray Larson.
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Megan, Sara, and Beth with Jack Pattie |
American DA -
LIVE
hits the
air every other Friday morning as a new criminal justice trial or issue
is discussed and an expert on the topic shares their insight. On May 26,
the guest was Wes Adams, an Assistant State’s Attorney from Baltimore,
Maryland addressing the issue of witness intimidation which currently
plagues the criminal justice system in many of America’s larger cities.
To prepare for the program, I began by researching the topic of witness
intimidation. I read numerous articles which described particular cases
and the impact intimidation had on the outcome of those cases. I even
called Mr. Adams and spoke to him at length in order to prepare an
outline and a list of questions that our audience would find
interesting.
Early on Friday morning, Sara Jennings, Megan Thompson, and I
accompanied Mr. Larson to the WVLK studio. From the beginning of the
interview, I felt it was clear how serious the problem had become in the
large cities. With an average of more than 300 murders a year in
Baltimore (compared to Lexington’s annual 20 murders), the diverse gang
population mixed with a large drug culture results in enormous
territorial struggles. Witnesses to crimes, including murders, assaults,
and robberies, are often threatened and harassed in an attempt to keep
them from testifying in court. Quite often, those witnesses choose to
recant their statement, or change their statement on the witness stand,
as a result of the numerous threats. From a prosecutor’s standpoint,
losing these testimonies can be devastating to a case and Mr. Adams
recalled many of his own cases resulting in dismissals after a witness
mysteriously disappeared. Maryland has passed legislation raising the
penalties for those caught transmitting threats.
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The interns with Officer Don Evans |
We also attended the recording of a second radio program known as
In-Touch.
This 15-minute segment is played on all seven Clear Channel stations at
different times throughout the week.
Officer Don Evans,
a local radio personality/police officer and Ray talk about issues
pertinent to Lexington citizens. This week, the topic was a new bill
recently passed allowing information about dangerous juveniles to be
released to the public.
Ray also introduced the Summer Prosecutorial Internship Program. Sara,
Megan, and myself were interviewed on the air by Officer Don. He asked
us questions about our experiences so far and how other students could
take advantage of the same opportunity next year.
As a communications major, I realize the importance of communicating
with the public. Conveying the message of the law and safety of the
citizens in Lexington is crucial to the success of the criminal justice
system. |
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REPORT NO. 9
District Court Appearance |
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By Alex
GibsonFriday
May 19th, 2006 the summer interns made the trip from the office across
Limestone to the new courthouse for an interesting day in district court.
The day began for
Elizabeth Davis, the
prosecuting attorney that particular day, at 8:00 a.m. Mrs. Davis spent the
early morning negotiating with the defense attorney’s after reviewing the
many cases only two days before. She spent some of that thirty minutes
speaking with any victims who made private complaints to discover their
goals of filing the complaint and any additional information that may be
helpful to the prosecution. The interns helped Mrs. Davis in this process
the day before, calling and speaking to victims and police officers. Being
able to negotiate a guilty plea that the defendant will accept and that the
prosecution feels is adequate, is not only beneficial for both sides but
also for the court. These deals decrease the time spent on one particular
case allowing other cases on the docket to be processed much quicker. There
are approximately twenty-five cases on a docket on a Friday morning, so
being able to find a solution before the case is called becomes an important
part of the prosecutor’s job.
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Brandon and Katherine at the bench with Judge Bouvier |
Outside of the courtroom is a mad house to say the least. People were
waiting for court to begin, including those who had been charged as well as
the families of those in custody waiting to see their loved ones. Mrs. Davis
told the interns that district court is often a time for discovery in
particular cases. Most cases run smoothly and the discovery has already
occurred, but some cases called for questioning of witnesses. In each case,
the defendant was called from either the holding cell or from the audience.
The defendant met the attorney at the podium on the right side of the room
in front of the judge where the defense attorney would usually say a few
words on behalf of his client. The judge was extremely clear and made it a
point to make sure that the defendant and his attorney understood the ruling
and the consequences of probation if probation was awarded.
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Megan takes the witness stand and is questioned by Alex |
Witnesses were called for some of the cases that were on the docket. The
witnesses were either police officers or victims. Both the defense and the
prosecuting attorneys took this time to ask the witnesses a series of
questions. After questioning, Mrs. Davis might give the Commonwealth’s
recommendation for punishment. The judge would then quickly rule, often
taking the recommendation. There were a variety of cases including stalking,
possession of controlled substances, trafficking, and domestic violence. One
of the most interesting aspects of court was the demeanor of some
defendants. It was clear from their attitude they did not take court
seriously as they waved and smiled to the audience like celebrities when
they emerged from the holding room. Most took the court seriously but there
were those who will surely be back. |
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REPORT NO. 10
Crime Scene Investigations |
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By Sarah
Hale
At 4:45 PM on my second “Day with a Detective” I was gathering my belongings
and preparing to go home. I had enjoyed my time with the homicide detectives
to whom I had been assigned, but the day was done and it was time to leave
the Detective Bureau behind – and then the Sergeant’s phone rang. The body
of a black male had been found in the Kentucky River. The identity of the
man was unknown and the circumstances surrounding his appearance in the
river were also, as of yet, undetermined. Although my day was technically
over,
Sergeant Williams
was kind enough to invite me to join him and
Detective Wilson
as they went to investigate the possible crime scene. We left the downtown
police station and drove to the scene of the gruesome discovery. Although
the miles between the police station and the scene were relatively small,
the difference in scenery was extreme. We left the city streets for small,
winding country roads and muddy walking paths. We exchanged fresh summer air
for a stale and humid atmosphere filled with gnats and mosquitoes. We left
behind the office and went out into the field.
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The Coroner retrieves a body
from the river |
As we pulled up we noticed
that crews from local news stations had already arrived, as had several
emergency responders. We first went to a boat dock but were told that the
body was several hundred feet up the river, and that a quick drive around
the corner would afford us a better look at the scene. We made the drive and
got our first glimpse of the body. He was not, as the initial call had
indicated, a black male, rather he was a white male whose skin had turned
black due to exposure to the elements and decomposition. His body was badly
bloated and his limbs had already stiffened. He wore blue jeans, a t-shirt,
and boots. His watch was
still on his wrist. I stood on
the bank and looked at this body, this man whose life had somehow come to an
end in this river. Members of the police department walked around me writing
down information, asking questions and taking in the details of the scene.
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Sgt. Williams of the Homicide Unit talks with Sarah and Ray |
I followed as Sergeant
Williams and Detective Wilson climbed back up the muddy path and headed
toward the Sergeant’s car. We drove back to the boat dock and as we pulled
into the mud and gravel lot we saw that others had arrived, including
Commonwealth’s Attorney
Ray Larson. After parking
the Sergeant’s car alongside Mr. Larson’s we descended the incline to the
water line and were told that the coroner had not yet arrived. The body
could not be moved until the coroner arrived and so we waited. When the
coroner arrived he boarded a boat and went up the river toward the body.
This body would not be moved quickly, though. We waited nearly an hour for
the coroner to complete his work and retrieve the body. It couldn’t be
lifted into the boat but instead was floated alongside the boat as it made
its way slowly downstream.
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Chris watches the Fire Department's Rescue Team launch its boat |
The entire process was slow and meticulous, but that is, of course,
necessary in situations such as these. A life had been ended and none of us
at the scene knew how that life had ended, and in order to find the answer
to that question detectives would need the scene to be well preserved and
not contaminated or destroyed. And so, as Mr. Larson commented to me, we did
a great deal of “hurry up and wait.” But fortunately it wasn’t completely
unproductive waiting. Theories were tossed about, calls were answered
regarding tips and leads were followed up on. A vehicle which had been
abandoned on a stretch of the interstate just overhead was investigated, as
was a person who had recently been reported missing. The missing person had
red hair, though, and as our body was pulled from the river his hair
appeared to have been blond.
Around 7 that afternoon we pulled out of the gravel lot, just in front of
the coroner’s van, and made our way back downtown. Questions left unanswered
that evening will hopefully be answered in the days to come. Who was this
man? What happened in the last hours of his life that led to his body
floating in the Kentucky River? These are the questions that crime scenes
present to detectives. The scene presents a story with gaps and holes which
detectives must fill. Crime scenes, as I saw on this day, don’t come neat
and clean, they come messy and disordered and often with a foul smell.
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REPORT NO. 11
Day with a Detective |
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By
Chris Keller
With each day working for Ray Larson comes a
new and exciting experience. The “Day with a
Detective” was a behind-the-scene look at
what detectives do each and every day.
We made the short walk from our office to
the Lexington Police Department where we met
with the Detectives in the Detective Bureau.
After a brief introduction, we were shown
the video surveillance footage of an armed
robbery that had occurred at a local
convenient store. A man had entered the
store and implied that he had a gun by
putting his hand in his pocket and pointing
it towards the clerk demanding money from
the cash register; however, what he did not
know was the clerk was armed and instead of
reaching into the cash drawer she grabbed a
pistol located under the register and shot
the robber in the chest. This was just the
start of a very exciting day!
After viewing the video, each intern was
assigned to a specific unit within the
Detective Bureau: Personal Crimes (Homicide
and Robbery), Property, Forensic Services,
Crimes Against Children and Family Abuse. We
then spent the day with a detective
assisting them in their investigations,
whether it be interviewing witnesses,
viewing a crime scene, collecting evidence
or interrogating suspects.
I was assigned to Personal Crimes and got to
spend time with homicide detectives and
robbery detectives. On Tuesday, I spent the
morning with homicide detectives, Detective
Brotherton and Detective Wilson,
investigating the Erica Butler murder. Our
first stop was a police informant’s house to
get some information on where a possible
suspect lived. After visiting with the
informant, we made our way to the address
she had given us; unfortunately, the suspect
was not there, so we were forced to move on.
Our next stop was the Fayette County
Detention Center to visit an inmate to try
to get some information on another suspect
and where he may be living. After talking
with the inmate it was back to the office to
piece together all the information we had
received.
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Fingerprints taken at the
Police Station |
My afternoon was spent with a robbery
detective, Detective Richardson,
investigating several robberies, one that
occurred at a jewelry store and another at a
pharmacy. We visited several addresses of
people thought to have information. We also
visited the pharmacy to follow up on some
leads that were received.
On the second day, we again reported back to
the Detective Bureau and met back up with
our assigned detective. After a relatively
uneventful morning of sifting through
paperwork and following up on leads (part of
being a detective), the afternoon was really
a surprise. A man entered the Whitaker Bank
on Paris Pike and robbed it at gunpoint
escaping with a little under $2000.00. I
accompanied the robbery detectives to the
scene to gather information and collect
evidence. Fortunately, the surveillance
cameras in the bank captured the robber on
tape and with the assistance of the Forensic
Services Unit, fingerprints were taken off
the door in which the robber had entered and
left. Also, tellers were able to get a
partial on the license plate of the vehicle.
With all the information that the detectives
were able to collect, it is likely that the
robber will be caught. Later in the day, I
made the trip down to the Kentucky River
close to the Clays Ferry Bridge to
investigate a possible homicide, when a
boater found a body in the river. Homicide
Detectives along with members of the Fire
and Rescue and police officers of the
Lexington Police Department were all on the
scene. News crews closely watched from
behind the crime scene tape.
My “Day with a Detective” was a very
exciting experience in which I learned so
much about being a detective—the hard work
and dedication that it takes to solve
crimes. However, since we each had an unique
and exciting experience, each intern has
included a brief summary of their “Day with
a Detective.”
Brittany Blackburn
My “Day with a Detective” taught me how
detectives normally proceed with family
abuse investigations. We visited the
Children’s Advocacy Center, where victims of
reported sexual abuse are interviewed and
examined. The Center is very kid-friendly
and is designed to make children more
comfortable throughout the investigation
process. My experience with the detectives
showed me how much time and energy they
continually use to help every child in any
way possible.
Beth Caudill
I was assigned to the Forensic Services Unit
for my “Day with a Detective,” which is the
evidence collection unit. I got to accompany
Detective Luke Young to investigate a
burglary. Someone had broken into a man’s
house and stolen more than 300 DVD’s and
video games, expensive bottles of wine, and
even taken his clothes from his closets and
drawers. After taking fingerprints from
items left behind, we were pleased to see we
had a clean print, so hopefully the burglar
won’t get away!
Brandon Faulkner
Spending two days working alongside
Lexington’s homicide detectives will make
anyone unfamiliar with their line of work
appreciative of the long hours and leg-work
they endure. From responding to crime scenes
at any hour of the day or night to pursuing
witnesses, these detectives strive to ensure
that the Commonwealth’s Attorney’s Office
has every available piece of evidence when
building a case against a suspected
murderer. The experience made me even more
aware of the dedication and effort it takes
at all levels of law enforcement to bring
criminals to justice.
Katherine Fitzpatrick
I saw the quiet side of detective work.
Assigned to Detective Bill Brislin, I spent
most of the day contacting witnesses for
interviews and following up on leads for
cold cases. Although my “Day with a
Detective” was far from a Law and Order
episode, I learned a lot about the
detectives and the leg-work necessary to
close a case.
Alexandra Gibson
My experience with the homicide detectives
was a memorable one. I was involved in
interviewing victims, prostitutes and
potential suspects in various cases. I heard
many exciting stories about past and current
investigations and learned just how
difficult investigating a murder trial can
be. I found out first hand the stress placed
on homicide detectives and the importance of
their position.
Todd Greer
I spent my “Day with a Detective” with the
Property Crimes Unit. I was surprised to
learn that copper is such a high value
target for thieves in Kentucky. Churches
have repeatedly been victimized by thieves
who strip their air conditioners for the
copper inside. The Property Crimes Unit is
working diligently to address copper thefts
in Kentucky. It was disheartening to learn
the number of complaints that are filed
daily as a result of this crime wave.
Sarah Hale
My two days in the Detective Bureau were
spent primarily with homicide detectives
Brotherton and Wilson. I had a tremendously
good time and in the process learned a great
deal about detectives. I was particularly
surprised to see the extent to which the
detectives are involved in all stages of the
criminal process. Over the course of my two
days with the detectives I saw them speak
with informants, track down possible
witnesses or suspects, testify at a murder
trial (as well as attend closing arguments
and the reading of the verdict) and near the
end of my second day I rode along as the
detectives were among the first to respond
to a body found floating in the Kentucky
River. A detective’s work, as I saw in my
time with them, begins at the first report
of possible criminal activity and doesn’t
end until the final verdict is read.
Sara Jennings
My two days with the detectives really gave
me insight into what this profession really
is about. I gained a tremendous amount of
respect for these individuals and their
careers. I spent the first day with the
homicide detectives. Detective Wilson,
Detective Cain, Megan and I went to Estill
County to interview some friends and family
of a victim in a case with a suspicious
death. We looked through his apartment for
clues to help piece together a timeline of
his last night.
The next day I went with the Forensics Unit
to observe their day-to-day activities. We
were called to a suicide. It was hard to
deal with at first, but I realized that this
is something these guys see everyday. After
we collected evidence there, we went to
Lowe’s to look at surveillance footage. We
also had to go to the police impound to
retrieve a bullet from a tire on a car
involved in a shoot-out. Finally, Detective
Wilson gave me a tour of the Lexington
Police helicopter. These two days with the
detectives were insightful, exciting and
interesting all at the same time. It was a
very memorable experience.
Blake Nolan
For my “Day With a Detective” I was assigned
to the Forensic Services Unit of the
Lexington Police Department with Detectives
Luke Young and Steve White. These Detectives
are in charge of collecting evidence and
dusting for fingerprints at crime scenes. On
the second day at around 12:30 pm we got a
call to respond to a bank robbery at the
Whitaker Bank on Paris Pike. When we arrived
on the scene we immediately went to the
office to view the surveillance video to
determine where the suspect placed his hands
in order to lift fingerprints. The
Detectives were able to gather two sets of
fingerprints from the glass on the two front
doors. With the evidence collected the
Detectives were optimistic about catching
the suspect and making an arrest within the
next few days.
Michelle Peyton
I was assigned to spend the day with
detectives from the Crimes Against Children
Unit. My first assignment was to call either
the mother, father, or legal guardian of
runaway children and get an update on the
situation. By using the Missing Persons
Report I was able to get some information on
the case. The majority of the parents were
unavailable or said their child was still
not at home.
My next adventure of the day was to go along
with two detectives to find a thirteen year
old male and interview him. We drove to the
apartment of the juvenile’s mother and the
two detectives knocked on the door.
Honestly, I was a little frightened and
uncomfortable with the unfamiliar
surroundings. However, it seemed to me that
this was a everyday event for the
detectives. One of the detectives went into
the apartment and talked with the mother of
the juvenile. The other detective brought
the juvenile outside of the apartment and
tried to talk to him. The juvenile, however
didn’t answer any of the detective’s
questions and just replied with “I don’t
know.” The mother did not want her son to go
with the detectives down to the police
department and she told them she would bring
her son there at 3:00 when her car came
back. The detective believed there was a
fifty-fifty chance the mother would bring
her son down to the police department to be
interviewed. If the juvenile is not brought
the next step will be to get a warrant for
his arrest and the detectives will then be
able to interview him. Overall, I had a very
interesting day with the detectives. I
really enjoyed seeing firsthand what they do
and how they fit into the criminal justice
system.
Megan Thompson
For my “day with a Detective,” I spent two
days with the homicide detectives of the
Lexington Detective Bureau. These two days
entailed everything from investigating a
death to working a prostitution sting.
Detectives are truly an integral part of our
criminal justice system and play various
roles during an investigation. I witnessed
Detective Rob Wilson not only investigate a
death, but he also acted as a counselor to
the victim’s family who was very upset and
confused about their loss. This experience
made me appreciate all of the hard work that
our detectives do daily to ensure that our
community is a safer place to live.
Emily Wessel
Detective Aundria Burkhart of the Lexington
Detective Bureau pulls out onto Main Street,
on the way to the University Kentucky
hospital. Burkhart works on family abuse
crimes, including domestic abuse, stalking,
and harassment. Today she visits the medical
center to interview a victim who was pushed
down the stairs by her husband.
Throughout the day, we talked with victims,
family members, and friends in an effort to
gather more facts about each case. If the
crime has been reported shortly after the
offense occurs, the Forensics Unit will
accompany Burkhart to take photos of any
injuries. The work must be done quickly, as
physical evidence of a crime often comes in
the form of bruises, welts, or scratches;
all, fortunately, impermanent.
Unfortunately, these crimes are often
unreported. When they are reported, a victim
may later retract his or her statement for a
variety of reasons, leaving the police and
our office to investigate and often
prosecute without the benefit of a
cooperative plaintiff.
As a law student, I recognize the vital
function of Burkhart’s work. Family abuse,
so secretive in nature, presents one of the
greater evidentiary challenges for a
prosecutor. As a woman, I appreciate the
urgency with which Burkhart approaches her
cases. Because these crimes are most often
committed by a male against his wife or
girlfriend, a degree of embarrassment,
shame, and fear may deter a victim from
turning in her accuser. Sometimes it is only
a matter of time before a victim is
seriously injured, or even killed, by her
abuser. As I watch Burkhart explain to a
victim how to file an “Emergency Protective
Order” and how to take the steps necessary
to obtain a divorce, I watch as a small
amount of that fear turns into hope.
As you can see, each and every intern had an
exceptional experience during the “Day with
a Detective.” The “Day with a Detective” was
an amazing opportunity to see how detectives
go about gathering information and
collecting evidence—this information and
evidence is then used to assist the
Commonwealth’s Attorneys in preparing a case
for trial. Without the hard work of these
detectives it would be impossible for the
attorneys to prosecute criminals. We would
like to thank the detectives at the
Lexington Police Department for allowing us
to spend the day with them. |
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REPORT NO. 12
Police Firing Range |
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by
Katherine Fitzpatrick
On a narrow road behind the Bluegrass
airport is a firing range operated by the
Lexington Police Department. And one cool
Monday morning in June, interns arrived
ready to shoot a gun for the very first
time. But before we got to the guns,
Lexington’s Homicide detectives joined us
for a lesson on ballistics and a video
simulator used by the police to promote good
judgment with guns.
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Katherine receives help from
Ronnie Freels |
Ronnie Freels, a former firearms examiner
for the Kentucky State Police, gave the
lecture on ballistics. Mr. Freels had been
with the crime lab in Frankfort for over 27
years and had much to say about the history
and impact of ballistics. He explained that
while there are four aspects to ballistics,
he deals exclusively with forensic
ballistics—firearms and bullet
identification—the type of thing you might
see on CSI or Law & Order.
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The interns learn about bullets |
We reviewed the anatomy of guns and bullets
and discovered how experts analyze these to
match a single shot to a particular weapon.
After classifying the bullet by the three
C’s (caliber, color, and coating),
ballistics experts measure the marks left at
the base of a bullet and attempt to match
them to a particular make and model of a gun
based on individual ‘rifling’ patterns.
Rifling, we learned, refers to the number
and size of grooves inside the barrel of
every gun. Bullets, when forced through a
gun barrel, are marked by these grooves,
leaving a telltale signature on every
bullet.
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Brandon practices with
the video simulator |
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Next, we lined-up to experience the video
simulator, Good Judgment/Bad Judgment. This
program is used by the Lexington Police to
train officers to use their guns responsibly
and effectively. A large video screen
displays a number of situations where
officers may be required to use deadly force
like a school shooting, violent domestic
dispute, and drug-raid. A Glock-9 handgun,
the same model carried by most police, is
wired with a laser light to project and
record any and all shots. The simulation is
interactive and much like a
‘choose-your-own-adventure’ storybook,
situations change depending on what you say
and whether you choose to shoot. Each intern
had a turn and when they were through, an
officer replayed the footage with them shot
by shot to determine whether each shot taken
was justified. The detectives explained that
for every shot a police officer takes, he
has to be able to justify it with concrete
reasons. Training activities like this are
more than target practice; they help
officers practice critical, last-second
decision-making in a risk-free environment.
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Todd practices shooting the
handgun |
Finally, it was time to put our skills to
the test. After putting on our safety
glasses and earplugs, we headed out to the
range. We stood single-file as the range
officer
Todd Johnson
called us one by one to
a line fifteen feet from our target—a human
silhouette. We started with the Glock-9
handgun and worked our way up to a shotgun
and semi-automatic rifle. Having worked on
the Daryl Burrell murder trial where the
defendant used a sawed-off shotgun, it was
especially frightening to fire one and
witness the damage it is capable of. The
blast was so powerful that several interns
had bruises from the gun’s kickback.
For me, the day at the range was the most
exciting field trip yet. Because I had never
really been around guns nor fired one, I was
anxious about the day and was curious how I
would react. After going through the
ballistics and safety demonstrations, I
gradually felt more comfortable with the
prospect of actually firing a gun. And once
out there on the range, gun in hand, I was
both surprised and terrified how easy it
was. Now that it’s all over, I am more
conscious than ever of the risks and stress
police officers face on the job. |
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REPORT NO. 13
Prostitution Sting |
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By
Megan Thompson
Going into the prostitution sting, we never
thought people would fall into the trap of
soliciting an undercover cop. Much to our
dismay, the Lexington Police Department was
able to arrest five interesting individuals
for soliciting prostitution. Although the
night started out slowly, once darkness
fell, business began to pick up.
We accompanied Detectives Brotherton and
Schoonover to find potential suspects wanted
for murdering a prostitute. In our attempts,
we monitored the undercover cops
prostitution techniques from a nearby street
corner. This was particularly entertaining
due to the fact we had a front row seat and
no one knew we were in the car. The
prostitution sting team consisted of four
uniform police officers and six detectives.
The second the undercover cop gave the “code
word” the team swarmed the scene and the
individual.
Overall, this was one of the most fun
activities we have been involved in thus
far. This was an eye-opening experience of
exactly how much extra work being a
detective entails. |
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REPORT NO. 14
Senior Internship Luncheon |
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by
Blake Nolan
The Senior Internship Program is a great
opportunity for the senior citizens living
in Lexington to be a part of the criminal
justice system for a few days without the
hassle of being arrested. This lively group
of men and women have the opportunity to
participate in activities such as touring
the police department, meeting with City
Council members, and learning about the
prosecutorial side of crime fighting.
Several of interns from Ray’s office and I
had the pleasure of going to visit with
these senior interns and speak with them
about the activities we have participated in
so far this summer.
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Katherine describes her
activities at the Commonwealth's
Attorney's Office to the senior
interns |
Ray began the luncheon by explaining to the
senior interns what the Commonwealth’s
Attorney’s Office actually does. He told
them that his office is concerned with
prosecuting criminals who commit felonies,
and that felonies are any crime that is
punishable by one year or more in prison all
the way up to a death sentence if the right
conditions apply. Ray also explained that
the Commonwealth’s Attorney’s Office is
concerned with protecting the innocent
citizens of Lexington by keeping dangerous
criminals off the street, and with treating
all people who commit crimes equally,
whether you are the Mayor of Lexington or a
resident of the Hope Center.
He then proceeded to give the senior interns
a lesson on the differences between theft,
burglary, and robbery. These are terms that
many people misuse regularly and it is
always a good idea to educate citizens in a
way that is fun and interactive. Ray also
explained to the crowd that about 80 percent
of the crimes in Lexington are committed by
about five percent of the criminals. Also,
there are around 2600 burglaries in the
Lexington community each year and these are
done by several of the same criminals over
and over again. The police once caught a man
who had burglarized 125 homes on the day
they caught him. These statistics are always
an eye-opener for citizens like these senior
interns who are concerned for the safety of
the community in which they live.
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Todd does the same |
At the end of the luncheon it was our turn
to speak. One by one we all introduced
ourselves and explained a few of the
activities we had done so far this summer.
Katherine described going to the police
firing range, Todd described how he had
researched the law pertaining to the new sex
offender law that will be going into effect
in mid-July, and I discussed our trip to the
Fayette County Detention Center (or the
Fayette County Country Club as we
affectionately call it). We all explained
how much we have learned these five weeks
into the program and what a valuable
experience the prosecutorial internship
program has been for all of us. Todd said
that it was worth every penny of the 18
cents per hour that Ray is paying us.
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The interns pose in front of the
Lexington Police Department |
Overall the Senior Internship Luncheon was
an extremely positive experience. We got a
chance to meet a great group of individuals
who are very curious about the criminal
justice system in Lexington and are always
willing to learn new things and be a
positive part of the community. These senior
citizens are very concerned with the safety
of the community and love nothing more than
to educate themselves on how the police and
Commonwealth’s Attorney's are working hard to
keep Lexington a safe community to live in.
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REPORT NO. 15
Intern Luncheon |
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By
Sarah Hale
As interns at the Commonwealth’s Attorney’s
Office, we have spent the last nine weeks
working with prosecutors and learning a
great deal about the criminal justice
system. Last Friday we had the opportunity
to share our experiences with our families.
The office hosted nearly 80 family
members and friends of ours for an Intern
Luncheon. Our guests began arriving around
11:30 and they were greeted with smiling
faces and an enticing spread of food. Ray
worked the lobby, offering a handshake and
friendly conversation as mothers, fathers
and sisters stepped off the elevator. After
mingling in the lobby we made our way back
to the conference room where Ray introduced
himself and the rest of the office staff.
The interns then took turns introducing
themselves and their guests and recounting a
favorite memory from the internship. With
the introductions behind us we all turned
our attention to the front of the room to
watch a video produced by Jason Rothrock.
The Real World-style video featured each
intern discussing the internship program and
also included clips of the interns hard at
work in the office. After the video and
brief closing remarks by Ray, the group
spread out to tour the office and several
even ventured across the street to the
Circuit Court to give their families a
glimpse into real life criminal proceedings.
As is often the case, each intern
experienced the event in a slightly
different manner and the full experience can
only be felt by letting each of the interns
speak to their own experience.
Brittany Blackburn
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The Blackburn gang |
Our office Intern Luncheon was a wonderful
experience for both me and my family. My
guests greatly appreciated the opportunity
to see what I, along with all the other
summer interns, do throughout the day. My
parents were especially grateful to meet
Barbra Salyer, the attorney with which I
work, and listened as we explained the trial
on which we are currently preparing. My
parents were also greatly impressed with the
friendly staff and attorneys present at the
luncheon.
Beth Caudill
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The Caudill gang |
My Grandmother and my older sister, Tami,
attended the Intern Luncheon with me. My
Grandma was an attorney for the federal
courts, so she was particularly interested
to meet Ray and understand what kind of
cases are prosecuted through the office.
Tami, who is currently in dental school at
the University of Kentucky, also seemed
pleasantly surprised at what I have been
doing all summer and how much I have
learned. I am very glad they had the chance
to meet everyone and get an insider’s look
at the workings of the Commonwealth’s
Attorney’s Office.
Brandon Faulkner
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The Faulkner gang |
The Intern Luncheon was a great opportunity
for me to show my family just how two years
of tuition and hard work at law school are
finally being put use in the “Real World.”
My parents and grandmother were ecstatic at
the opportunity to see where I have been
running off to work every morning this
summer and to gain a little insight into
just what type of work is done here at the
Commonwealth’s Attorney’s Office. All-in-all
the luncheon was a great opportunity to give
my family a brief introduction to the
criminal justice system and how I hope to
put my law degree to use in the future.
Katherine Fitzpatrick
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The Fitzpatrick gang |
The luncheon was a success and a great way
to end the summer. My parents were
especially pleased to meet all the interns
and attorneys I’ve been working with. And
the video was a hit. Along with a goody-bag
from Ray, all the interns received a copy of
the DVD. So my grandmother, who was unable
to attend the luncheon, was able to see my
workplace and ‘meet’ my colleagues in her
living room!
Alexandra Gibson
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The Gibson gang |
As Ray has said numerous times, at this
phase in my life, my parents find it
difficult to extract information from me
regarding my daily activities. As assumed,
they were delighted to receive the
newsletters to learn of my recent learning
experience in my exciting summer internship.
To add to the summer, they were also more
than happy to make the journey from
Owensboro to take the opportunity to meet
the attorney’s that they have read about and
the man who made it all happen. As they took
in the comical but informative video, met
other interns and their proud parents, they
commented it was a great end to a wonderful
summer of learning.
Todd Greer
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The Greer gang |
The Intern luncheon was a great opportunity
for my family to visit the Commonwealth’s
Attorney’s Office and see first-hand the
various projects that I had been working on.
It was a treat to introduce my family to the
attorneys that I had been working with and
give them a tour of the office. Each of the
interns’ families seemed impressed with the
large amount of responsibility that the
interns have taken on and we were all very
happy to show our families the work that we
have been doing.
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The Hale gang |
Sarah Hale
I was joined by my mother at the Intern
Luncheon and the two of us thoroughly
enjoyed ourselves. I was pleased to have the
opportunity to introduce my mother to Ray
and the other attorneys as well as the
office staff and my fellow interns. I also
gave her a tour of the office and the
Circuit Court as well.
Sara Jennings
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The Jennings gang |
The luncheon on Friday was a wonderful
opportunity for my family, as well as, the
other interns’ families to really see what
our internship has been about. I loved the
video that was produced by Jason Rothrock. My family
thoroughly enjoyed talking to Ray Larson and
the other attorneys and staff. They were
very pleased with the office and how it
functions. After the luncheon, my family and
I went to the courthouse to tour the
facility. I wanted to show them every detail
of what I do on a day-to-day basis. My dad,
mom, uncle and little sister were surprised
at the real life situations I have been
exposed to and the increase in my maturity
level. The luncheon was a pleasure for
everyone.
Chris Keller
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Chris Keller |
Being able to bring my parents to work and
show them around was really nice. My parents
really enjoyed being able to see where I
work as well as meeting Ray and all the
attorneys and staff. Now they are able to
put faces with names when I tell them
stories from work. The intern luncheon was a
big hit.
Blake Nolan
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The Nolan gang |
My mother, father, younger brother, and
fiancée all attended the internship
luncheon. They were very excited to learn
more about my experiences at the
Commonwealth’s Attorney’s Office this
summer. They also enjoyed being able to put
faces with the names that I have been
talking about all summer. My parents were
very appreciative of how Ray makes such an
effort to include the families of the
interns in the activities. Overall my family
had a great time at the luncheon and it was
a huge success.
Michelle Peyton
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The Peyton gang |
The Intern Luncheon was a great opportunity
to meet all the families and friends I have
heard so much about over the summer. My
mother was able to attend and she enjoyed
meeting everyone in the office and
understanding more about what I have been
doing this summer. Overall the luncheon was
a fun experience and I am grateful I had the
opportunity to share it with my family.
Megan Thompson
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The Thompson gang |
College internships typically consist of
various significant moments in a student’s
life, but are almost always shadowed from
their parent’s knowledge. This has been the
first internship I have participated in that
my parents are fully aware of what
activities I have been involved with all
summer. To add icing to the cake, my parents
were able to trek to Lexington from
Elizabethtown for the
parents luncheon that took place in the
heart of downtown Lexington. This experience was
rewarding for my family, as they were able
to see exactly how much fun I have had this
summer.
Emily Wessel
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The Wessel gang |
The Intern Luncheon was a hit, for both my
guests and me. I was fortunate that my
parents and my boyfriend, Dave, who is
currently in his first semester at Michigan
Law, were able to attend. It was important
to me that they got to see where I work and,
most importantly, meet the people who have
influenced my life so positively this
summer. From the fabulous fried chicken to
Jason Rockroth’s “Real World Lexington”
video, the event couldn’t have been better.
The Intern Luncheon was clearly enjoyed by
all who attended. It was an opportunity to
give our families a glimpse into the
beginnings of our professional lives. We are
all appreciative of the opportunity we have
been given to work in the Commonwealth’s
Attorney’s Office and further appreciative
of the opportunity we were given last week
to share our work with our families.
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REPORT NO. 16
The Lexington Police Helicopter |
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By
Sara Jennings
My day with the detective was filled with
excitement, curiosity, and shock. I did
several interesting activities, but one
activity that was particularly exciting was
my tour of the Lexington Police helicopter.
Detective Steve White, a detective for the
Forensics Unit, is also a part-time member of the
air unit. I was assigned to shadow and
observe Detective White during my visit at
the Police Department.
The air unit is fairly new to the Police
Department, and the detectives are still
trying to perfect it. I spent my second day
with Detective White, and our last activity
was to see the helicopter. The pilot is
Officer Don Evans, but the department is in
the process of training more pilots. The air
unit flies on Friday and Saturday nights and
assists the patrol officers on the ground.
The helicopter has the capability to lock
suspects into its computer and follow them
if they are fleeing on foot or in a car.
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Sara prepares for flight |
Detective White hopes the helicopter will
eventually be equipped with a map of Fayette
County on the computer system. This would
enable him type in exact addresses of
dispatch calls, and the map would show him
exactly where to fly. As of now, Detective
White must use regular maps to try to find
where a dispatch call is directing him. The
helicopter seats five people comfortably and
contains a spotlight on the back. Detective
White showed me how all the dials worked,
and he actually showed me how to fly the
helicopter. Even though I did not get to fly
in the air, it was still exciting just to
see how the helicopter really worked. I
thoroughly enjoyed learning how the
helicopter works. It is a true asset to the
Lexington Police Department. |
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REPORT NO. 17
Camp Blackburn |
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by
Brittany Blackburn
Spread out among 100 acres is Blackburn
Correctional Complex, Kentucky’s largest
minimum security prison. Resembling a farm
more than a correctional facility, visitors
are often surprised by the complex’s
beautiful bluegrass and horses. As we
entered the grounds for a tour early one
morning, however, we realized that this
prison is not exactly a vacation resort.
Although the Complex appears friendly and
welcoming on the outside, guests who visit
the prison realize that it’s no picnic.
After a hard day of farm work, the inmates
return to their dorms, most of which consist
of one large room filled with nearly twenty
bunk beds. These dorms are called “Core
Units,” and inmates are assigned to each
unit based on their previous crimes and
current behavior. The most well-behaved
inmates receive their own small room,
complete with a bed, sink, and toilet.
Inmates at the Complex engage in
rehabilitation programs such as drug
treatment programs and most receive personal
counseling. Because the prison is a minimum
security complex, gates do not block the
complex from the nearby interstate highway.
Guards are stationed around the perimeter,
and a barbed-wire fence divides the prison
from nearby residential areas. Our tour
guide noted that some inmates do escape,
although most are deterred because of the
extra sentencing they will face once
apprehended. So far this year, about ten
inmates have escaped from Blackburn
Correctional Complex, four of whom have been
recaptured.
Blackburn’s picturesque farmland should not
be confused for a laid-back retreat.
Personal privacy does not exist, as inmates
must sleep, shower, work, and eat together
everyday. Inmates are paid for their work,
although most only receive approximately
twenty dollars per month, and most inmates
use their income to purchase cigarettes and
soda. More importantly, however, officers
and employees of Blackburn’s Correctional
Complex believe that through the
Thoroughbred Retirement Foundation,
prisoners are encouraged to change their
outlook on the world and will ultimately
make a positive transformation in their own
life. |
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REPORT NO. 18
OxyContin Abuse in Eastern Kentucky |
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by
Michelle Peyton
Kentucky was ranked within the top ten states of OxyContin prescription
rates and having the most significant abuse problems in 2000. OxyContin,
which is a pharmaceutical drug has been abused for the past ten years in
rural Kentucky. It is among the most powerful drugs of its kind and is
reportedly sixteen times more powerful than similar narcotics. OxyContin is
a synthetic opioid, which is produced from the opium poppy. The drug is
manufactured to provide pain relief by acting on opioid receptors in the
brain, the spinal cord, and directly on tissue, and was designed for
terminally ill patients. It was approved by the Food and Drug Administration
in 1995 and first marketed in 1996. The drug was marketed by Purdue Pharma,
in which their sales totaled $2 billion from OxyContin alone over the first
five years. Pharma Purdue’s sales force spent 80 percent of its time
promoting and advertising OxyContin in the Spring of 2002.
Southeastern Kentucky has a long history of pharmaceutical abuse and after
OxyContin was over-prescribed and trafficked, it became the new drug of
abuse in rural Kentucky. Abusers acquire OxyContin by fraudulent
prescriptions; through illegal sales; by pharmacy theft and doctor shopping;
by individuals diverting and selling it; and by the way of foreign diversion
and smuggling into the United States. A dramatic increase in the number of
pharmacy robberies, burglaries, and thefts were reported when OxyContin
abuse increased. In 1998, a program was implemented in Kentucky called
Kentucky All-Schedule Prescription Electronic Reporting System (KASPER) to
help doctors and pharmacists monitor patient’s prescriptions, the
prescription’s source, and frequency of refill.
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The prescription drug OxyContin |
Pharmaceutical abusers
come from all walks of life and the number of abusers continue to increase.
In Greenup Couny, which is located in Eastern Kentucky, a Commonwealth
Attorney claimed that the Circuit Court docket increased almost 25 percent
in 2001 because of cases of prescription drug abuse. However, the numbers
dropped back down after the year 2001 and it remains that way today. One
probable reason for this is that police responded to a socially constructed
crisis and after the attention was gone, policing returned to
methamphetamine, which is a more serious drug of abuse.
OxyContin use is not affecting drug arrest rates, given that arrests
increased significantly in 2001, but decreased in 2002. The Lexington Herald
Leader ran a series on OxyContin, which inaccurately presented OxyContin as
the most significant factor for explaining worsening crime trends. The
question we should ask is if the OxyContin abuse panic is socially
constructed and if the perceived drug problem correspond to its actual
social or individual harm. It should also be considered that the reaction to
the increased use of the prescription drug was only a “drug scare,” which is
an independent phenomena, not based on actual trends or patterns in drug
use, but instead rhetorical than empirical. The statistics may show that in
recent years OxyContin abuse has decreased, however we must be aware and
cautious of the danger addictive prescription drugs has on our society. |
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REPORT NO. 19
Juvenile Detention
Center Tour |
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by
Brandon Faulkner
From the moment a juvenile offender from the
Bluegrass region enters the Fayette County
Juvenile Detention Center, it becomes
immediately clear that whatever type of
behavior earned them a stay here will no
longer be tolerated inside the facility.
Upon entering the facility’s intake room,
new residents are required to read aloud the
new rules that will govern their day-to-day
routine as officers in the state of the art
control room monitor their every move. The
typical teenage response of “yeah” to any
form of question or order will no longer be
tolerated. Instead, only responses such as
“yes sir” or “no ma’am” will do. Anytime a
resident walks through the facility, his or
her arms must be behind the back with
fingers and thumbs interlocked. Perhaps most
importantly, the resident’s old routine of
skipping school and staying up all night
gives way to a highly structured day
beginning at 6:30 in the morning and ending
at 9:30 at night. These rigid rules coupled
with the fact that nearly all contact with
the outside world is lost inside the
facility provide many residents with a type
of discipline and structure they have never
experienced in life and hopefully serve as a
wake-up call that their behavior must change
if they are going to be a contributing
member of society.
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The interns getting ready for a
tour of the facility |
The Fayette County Juvenile Detention Center
currently houses 48 male and female
residents between the ages of 12 and 19 ½
years old from Fayette and surrounding
counties. However, the facility is preparing
to expand to 63 residents within the next
month as the need for this type of program
continues to grow and more officers complete
the training necessary to work inside a
juvenile detention center. Although the
average stay inside the facility is
relatively short at seven days, some
residents have been inside the facility for
up to 225 as they serve time for charges
ranging from criminal mischief and truancy
to murder. And despite the fact that some of
the residents are cold-blooded killers, one
thing is noticeably absent – officers inside
the facility do not carry any type of gun or
weapon. Officers instead rely on marshal
arts training and a system rewards to keep
the residents in line. But a couple of
officers let us in on the real secret to
changing the resident’s attitude – a good
night’s sleep and a full belly.
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Sarah reads the rules upon
entering the building |
While discipline and punishment are
certainly the goal of any stay inside the
center, it is a mistake to assume that is
all that occurs within its walls. Great care
is taken to improve every facet of a
resident’s life. Each resident is required
to participate in daily exercise activities
followed by a 10-minute shower and time to
groom themselves. Many of the juveniles who
enter the center do not get a nutritious
diet at home, but here they are entitled
three healthy meals a day and are welcome to
go back for seconds. Many of the residents
apparently accept this invitation because,
on average, a long-term resident of the
facility will gain 35 pounds. Additionally,
each resident is required to attend school
from 9:00-3:00 daily and is allowed to check
out one book at a time from the school’s
library to read at night in their cells.
Although residents are not entitled to watch
television for hours on end, those residents
who have followed all the rules and
demonstrated good behavior throughout the
week are entitled to a movie and popcorn on
Saturday nights.
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Hungry interns test out the
snacks
given to inmates |
So while a stay in the Fayette County
Juvenile Detention Center is certainly not
all fun and games, neither is it a bleak
experience with no hope for the future.
Instead, the hope is that such a stay will
serve as a wake-up call to get the youth
headed down the right life path. Perhaps the
easiest lesson for us all to take from the
experience is that our young people need a
consistent daily routine filled with both
discipline and care in order to become
productive members of society. |
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REPORT NO. 20
Murder Trials this
Summer |
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by Beth Caudill and Michelle Peyton
During the course of this summer, the
interns had numerous opportunities to attend
the trials of several high-profile murder
cases prosecuted by various attorneys
throughout the office. From the opening
statements to the closing arguments and
everything in between, the trials proved to
be an exciting learning experience for each
of us.
Megan Liebengood Trial
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The victim, Megan Liebengood |
Megan Liebengood, an 18-year old newlywed
married only 3 months, was returning home to
her apartment off Codell Drive shortly after
10:45 pm with her groceries on September 15,
2004. Suddenly, 3 teenagers approached her
and demanded her purse. After realizing that
she had no money, they eventually shot her
four times in the back of the head and left
her to die in the parking lot.
Three teenage suspects were questioned a few
days later. Patrick Cook, 17, Michael
Shepherd, 16, and Robert Miller, 16 were
later arrested and charged with murder,
first-degree robbery, and tampering with
physical evidence. Patrick Cook eventually
pled guilty to Complicity to Robbery and
testified at trial.
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Mike Malone and Cindy Reiker |
Mike Malone,
First Assistant Commonwealth’s Attorney with
Cindy Reiker,
Assistant Commonwealth’s Attorney, and
Commonwealth Attorney Ray Larson prosecuted
the case. Through the two-week trial,
numerous witnesses testified to the events
from that evening. Malone and Reiker
rigorously questioned numerous friends of
the defendants who were present during that
evening, as well as police and detectives
who conducted investigations at the crime
scene.
After the jury began deliberation, only two
hours passed before the jury returned guilty
verdicts for the two juvenile, Michael
Shepherd and Robert Miller. The jury
recommended a life sentence without parole
for 25 years, 20 years for Robbery, and 5
years for Tampering with Physical Evidence
for the shooter, Michael Shepherd, 17.
Robert Miller, 18, was found guilty of
Complicity to Murder and Robbery. The jury
recommended 20 years for Complicity to
Murder Liebengood, 15 years for Complicity
to Robbery, and 5 years for Tampering with
Physical Evidence for 40 years in prison.
Darryl Burrell Trial
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Darryl Burrell |
On the morning of September 14, 2004, Darryl
Burrell entered the Dairy Mart on New Circle
Road with a sawed-off shotgun. After taking
the money out of the register from Ashley
Cason, 22, he also took the wallets of the
District Manager and a tobacco
representative doing work. Next, he ordered
the three into the back cooler. As he
followed closely behind, he shot Ashley in
the back and attempted to shoot the other
two men before they fled out of the cooler
and locked themselves in a side room. Darryl
Burrell then left the Dairy Mart, and Ashley
Cason died within a few minutes.
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Kimberly Henderson-Baird and Dan
Laren |
Kimberly Henderson-Baird
and
Dan Laren
joined Ray Larson in prosecuting this trial.
During the opening statements, Dan used a
PowerPoint Presentation to present pictures
of the defendant entering the store with the
weapon from the security cameras at the
Dairy Mart. The graphic details of the
murder were soon revealed, including audio
and video clips of Darryl and the three
victims from the Dairy Mart’s surveillance
cameras, including Ashley Cason’s scream
immediately after the gunshot.
The trial continued until the end of our
first week when the defense declined to call
any witnesses or introduce any evidence.
Kimberly Henderson-Baird presented the
closing argument and the jury was dismissed
to deliberate the verdict. After seven hours
of deliberation, the jury convicted Darryl
Burrell of wanton murder, three counts of
robbery, two counts of attempted murder and
one count of tampering with physical
evidence. The jury recommended life without
the possibility of parole for Darryl
Burrell.
Scott Malm Trial
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The defendant ,Scott Malm |
Twenty-one year old Alvis Thomas Agee was
killed and Archibaldo Salcedo-Diaz was
wounded during a drug deal on January 25,
2005. Agee and Salcedo-Diaz met intending to
sell cocaine to Scott Malm. Salcedo-Diaz
testified that Agee and he met Malm around
9:30 p.m. Agee got out of the truck and
walked around to the back of it to weigh the
cocaine for a man driving a white car which
had pulled up behind them. Agee was soon
shot in the head and shoulder, while Salcedo-Diaz
was shot in the hand. After Salcedo-Diaz was
shot, he leaned over on the driver’s side
door pretending to be dead.
Police investigators arrested Malm after he
answered a call made by police from a number
drawn from Salcedo-Diaz’s cell phone.
Cindy Rieker
and
Kimberly Henderson-Baird
prosecuted the case and even called three of
Malm’s former roommates to testify that Malm
told them he had planned to rob Agee and
possibly kill him. One of the former
roommates, Jock Taylor told police that he
was instructed by Malm to get rid of the
murder weapon by disassembling it and
throwing it out the window while Malm was
taking him to work in Paris, KY. The
prosecution was able to prove beyond a
reasonable doubt that Malm committed the
crimes, and he was convicted of murder,
first-degree assault, two counts of
first-degree robbery, tampering with
physical evidence, and trafficking cocaine.
While Judge Ishmael read the verdict and the
sentencing recommendation by the jury of
life in prison without parole, Scott Malm
was not present in the courtroom because he
became agitated with the testimony of his
former roommates. Malm’s formal sentencing
is scheduled for July 21. |
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REPORT NO. 21
Grand Jury
Orientation |
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by
Sarah Hale
When the prosecutors at the Commonwealth’s
Attorney’s Office wish to indict a person on
criminal charges they must first present the
case to a grand jury. Nine of the twelve
grand jurors must vote to indict in order
for the charges to go forward. Before I came
to the office this summer I was aware of
this procedure but it was all very abstract.
To me the grand jury was a singular body
that made decisions behind closed doors – it
was nothing more. Through our summer
internship I was afforded a peak behind
those closed doors (albeit a necessarily
limited one) and began to see what a grand
jury really is. It is a group of twelve
citizens, drawn from our community, serving
their civic duty and doing immensely
important work. It is a group of people that
come together for ten days in their assigned
month and bond with one another through
making tough decisions that will greatly
impact the lives of those indicted, persons
whom the grand jurors have likely never even
met. It is, indeed, a difficult task with
which we charge these twelve people. I
believe, though, that it is also a great
benefit to those citizens who are selected
to serve on the grand jury.
After talking with some of the grand jurors
from May 2006 and observing the orientation
for the June 2006 grand jury I realized the
ways in which being on a grand jury can be
enjoyable, interesting and educational for
the randomly selected citizens. They get an
education in criminal procedure which most
people not working in the legal world will
never be afforded. The grand jurors were
given a binder at orientation which
contained an overview of the criminal
justice system and they were also given
sample indictments. Assistant Commonwealth’s
Attorney Andrea Williams explained the
contents of the binder to the group and
instructed them to direct any questions they
may have to her or to any of the other
Assistant Commonwealth’s Attorneys that
would come before them throughout the month.
The grand jurors were also instructed that
they were to attend all of the assigned days
and that if something unforeseen arose which
would bar their attendance they were to call
immediately, even if that meant calling
Commonwealth’s Attorney Ray Larson at home
in the middle of the night – his home number
was given to the group.
The grand jurors seemed to sense the
importance of their work. They listened
attentively as the procedure was explained
to them at orientation and when given the
opportunity they asked questions to clarify
points of confusion as to the particulars of
their work. The grand jurors who were kind
enough to speak with our group of interns
before beginning their deliberations
stressed the insights they had gained into
the criminal justice system and to crime in
general through their experience on the
grand jury. One man commented that he now
knew how much cocaine one needed to possess
in order to be charged with trafficking
rather than merely possession and he had
also learned the going rate for cocaine on
the streets of Lexington. Being on a grand
jury gives citizens an opportunity to see
the criminal justice system from the inside
and it likely dispels misconceptions about
patent unfairness in the process. Mr. Larson
proudly told our group of interns that after
every grand jury finishes their work he asks
that they fill out a survey about their
experience and that returns show that grand
jurors do not feel pressured by the
Commonwealth’s Attorneys to indict people
but rather that they feel encouraged by the
attorneys to deliberate fairly and come to
their own determinations. At the grand jury
phase of the criminal justice process it is
the work of the Commonwealth’s Attorneys to
make the case for indictment but they also
make it their work to ensure that those
indictments are fair. Citizens participating
on a grand jury will see this fairness and I
also saw it, before the doors closed again
and secret deliberations began. |
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REPORT NO. 22
The Children's
Advocacy Center |
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by
Michelle Peyton
The Children’s Advocacy Center opened in May
1994 and is a non-profit organization that
receives a substantial amount of its funding
from grants. Children’s Advocacy Centers
throughout the United States were started
after the number of child victims began to
increase and the unique problems these
children face, began to surface. Agencies in
charge of protecting and investigating
allegations of abuse were in a sense
re-victimizing the children in several ways,
which included: performing multiple
interviews, removing a child from family,
performing medical examinations in an
emergency room, and interviewing at the
police station. After professionals came
together to come up with a solution to
lesson the traumas that the children faced,
they decided on children’s advocacy centers.
This would be a safe place like home that
would be able to offer services the child
and family may need.
The Children’s Advocacy Center in Lexington
is a beautifully decorated, child friendly
home. The Center offers several services,
including personal advocacy, non-offending
parent groups, teenage girl educational
groups, therapy assessment, forensic
interviews, forensic medical examinations,
and a kids in court program. Most children
who have been abused have a medical
examination. Many times the child’s mother or
legal guardian will sit with the child
through the examination, which helps to keep
the child as comfortable as possible. Each
child receives a handmade blanket and
stuffed animal before the exam to comfort
them. The Center has special equipment in
the room which allows the doctor to take
pictures that could potentially be used in
court. The medical examination room is
delightfully decorated and the medical
examiner is trained to work with sexually
abused children, which is much better than the
emergency room.
The Center also offers the Kids in Court
program, which is provided to children who
may soon be called to testify in their
sexual abuse case. The goal is to encourage
children to overcome their fears of
testifying by giving them an opportunity to
view the courtroom, meet the parties that
will be involved with the trial, and
participate in role-playing activities. This
is a wonderful program because the testimony
of sexually abused children can be very
important during the trial. The Children’s
Advocacy Center is a warm place that does a great job combating some of the
problems child sexual abuse victims face.
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REPORT NO. 23
Autopsy |
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by
Blake Nolan
As we walked around the corner into the
medical examiner’s office, we could not
prepare ourselves for what we were about to
see. Lying on a cold, steel table was the
body of a large, dead man with his torso
sliced open revealing all of his major
organs. The physicians and technicians
performing the autopsy began to explain to
us that they were extracting the organs to
weigh and examine them for any clues that
would reveal a cause of death. From the
autopsy they could tell that this man had an
unhealthy lifestyle which included smoking
and recreational drug use. The physicians
explained that they would have to wait until
a drug test came back before determining the
exact cause of death.
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The interns closely watch the
autopsy |
After the major organs were placed back into
the body the physicians began to examine the
head and the brain. At this point several of
the interns, including myself, had to take a
break from the autopsy. Opening the top of
the skull and removing the brain was by far
the most graphic part of the autopsy. Once
the brain was removed, the technicians began
to sew the body back up. The incisions were
made in such a way that the family of the
deceased man will not be able to see any
scars and nobody will be able to tell that
an autopsy was performed.
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Blake and Beth watch from a
distance |
After the first body was sewn up, the
technicians brought in another body to
perform an autopsy on. They undressed him
and began to do what they called an
“external examination”. This includes
measurements of the body and any
observations they can make about the
condition of the external portions of the
body that would give physicians insight into
the cause of death i.e., bruises,
lacerations, or any marks on the skin. Once
the external examination was finished they
cut the torso open and began to extract the
organs and other vital tissues much like
they were doing when we first walked in the
room.
At this point, we left the autopsy to go
meet with Dr. Emily Craig. Dr. Craig is
Kentucky’s only forensic anthropologist and
one of the few forensic anthropologists in
the country. Whenever human remains are
found and there are no identifying
characteristics, Dr. Craig is called in to
make a positive identification of the
person. She does this by using such methods
as facial reconstruction, DNA analysis, or
looking up dental records among other
techniques. Because of her specialization,
Dr. Craig has been called into disasters
such as 9/11 and the 1993 fire in Waco, TX
to identify remains.
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Dr. Craig explains how to
identify remains |
The most fascinating part of Dr. Craig’s job
is trying to identify a skeleton or a group
of remains. By looking at the bones she can
determine the race and sex of the person.
She can then compare what she has found to
the missing persons list and eliminate
several people that don’t match the profile
of the skeleton. Once she has done this she
comes away with half a dozen or so names to
begin investigating. It was amazing to see
how much information Dr. Craig could extract
from such little remains and still have a
good lead on making a positive
identification.
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The interns in front of the
Medical Examiner's Office |
Overall, the autopsy was one of the more
fascinating experiences we have had during
this internship. It’s not everyday that
people are allowed to view an autopsy and we
all came away with a very enlightened
perspective of the human body and the
medical professionals that deal with death
every day. The experience was very rewarding
and I know we all had enjoyed it.
Interviewing the Medical Examiner
by Katherine Fitzpatrick
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Katherine, Brandon, and Emily
talk with Dr. Hunsaker |
After viewing the live autopsies, Emily,
Brandon, and I met with Ray and the state’s
Associate Chief Medical Examiner, Dr. John
C. Hunsaker, to discuss an upcoming murder
trial. We began by viewing pictures and
diagrams of a gun-shot victim’s autopsy and
asked Dr. Hunsaker what he was able to
conclude from the record as to the nature
and cause of death. The doctor explained how
body dies and took our questions as to how
this victim reacted to the injury and
whether any other procedures could have been
used to save him. An autopsy report can be
critical evidence in a murder trial to show
that the defendant actually caused the
victim’s death. Because Dr. Hunsaker has
both law and medical degrees, he is an
especially valuable witness to the state. As
in this case, Dr. Hunsaker is able to
evaluate an autopsy for valuable medical
findings and then condense that information
into a report that the jury finds helpful. |
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REPORT NO. 24
The Fastest Six
Minutes on the Radio |
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by
Brittany Blackburn
“Five percent of the criminals commit 80% of
the crimes!” Listeners of Clear Channel
Radio are accustomed to hearing Ray Larson
repeat this statement throughout the radio
program titled “In Touch.”
On one particular morning, however, I
arrived at the office and was informed that
I, along with Beth Caudill, Brandon
Faulkner, and Blake Nolan would be visiting
WLAP-AM to tape the weekly program. We were
driven by Ray to the Clear Channel
headquarters and entered the building
anticipating what we would be discussing so
early in the morning. After being greeted by
Officer Don, a local radio personality and
police officer, we found our way to the
recording studio to adjust our microphones
and familiarize ourselves with the studio
setting.
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Brittany and Officer Don |
Following brief introductions, the radio
show was underway! Ray introduced us on the
air and announced that every intern works
for about 35 hours per week for about 18
cents and hour, all of which goes to pay for
our parking. Officer Don asked us about our
favorite outings and each intern explained
the daily work we perform. Because of my
familiarity with the domestic violence
sector of the criminal justice system, I
discussed the weekly domestic violence
meetings used by our prosecutors to complete
the investigation process for each domestic
violence case presented to our office.
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Brittany, Beth, Brandon, and
Blake discuss
their internshipexperiences on
air |
My experience with the radio program was
fantastic. Addressing the public via radio
allows all citizens to get an inside view of
the criminal justice system. Ray also
provides the web address for his office,
www.lexingtonprosecutor.com, in every
segment so that the public can really see
what is going on in the Lexington area and
throughout the country. |
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REPORT NO. 25
Coordinating
between Police and Prosecutors |
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by
Blake Nolan
Several times throughout the summer, the
interns had the opportunity to sit in on a
meetings between police officers,
detectives, forensic technicians, and
Commonwealth’s Attorneys in an effort to
better coordinate and communicate with each
other on some of the high-profile cases in
Lexington.
One particular meeting began with the patrol
officers describing their experience as the
first ones to arrive at the scene of the
crime. These are the officers responsible
for setting up the crime scene and talking
with witnesses in order to discover what
events actually took place and gather key
information. The information these officers
receive is vital to building a case against
a future defendant and it is absolutely
imperative that all information be
documented and given to the prosecutors.
This meeting allowed the prosecutors and
police to communicate more effectively and
work more efficiently at prosecuting
criminals.
After the patrol officers presented the
facts of the case and all relevant
information, the forensic technicians
discussed the evidence they had gathered at
the crime scene. These technicians are
responsible for photographing and filming
the crime scene as well as gathering any
evidence that they may find. These
photographs and videotapes are very
important to prosecutors as they try to
piece together a crime scene and also to
give a better visual presentation to a jury
during the trial. The prosecutors laid out
exactly what additional investigative steps
were needed to be taken by the police in
order to strengthen the case.
Once the prosecutors were briefed on the
facts of the case, relevant information, and
the evidence gathered by the forensic
technicians, it was time for them to come up
with a strategy on how to prosecute the
defendants. The prosecutors wanted to make
sure they can get the best possible
conviction for these crimes and the end of
the meeting discussed how to go about
getting that conviction.
Overall the meeting was a huge success. It
was excellent to see law enforcement and
Commonwealth’s Attorneys working so closely
together in order to build strong cases
against these criminals. Since this was such
a success, Mr. Larson plans on continuing
them in the future for most all high-profile
cases right as they begin. |
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REPORT NO. 26
The Property and
Evidence Room |
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by
Emily Wessel
On Thursday, July 13, Brandon, Katherine,
and I accompanied Ray and Assistant
Commonwealth Attorney Lou Anna Red Corn to
the Lexington Division of Police. We entered
the Property and Evidence area, where we
were given access to the many bags
containing evidence from a homicide case set
for trial in the upcoming month. With the
help of a staff member, we were able to view
items taken from the crime scene, hospital,
medical examiner’s office, and the
defendant’s home. Throughout this process,
we had to be extremely careful when handling
all evidence. If a bag was opened, the dated
tape from the original seal had to be
broken. Subsequently, each time a bag was
closed for the second time, a new date and
signature had to be applied.
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Brandon, Emily, and Katherine
entering the property and
evidence room |
We confirmed that all items listed on our
report from the detectives were accounted
for, and then took pictures of some of the
evidence, documenting bullet holes in a
victim’s bloody t-shirt, as well as a
victim’s broken glasses. The evidence will
be available during the trial as well, as
the police will deliver it to the courthouse
on the day the trial begins.
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Katherine re-seals a bag of
evidence |
Our time at Property and Evidence was
extremely interesting. We were able to get
an inside look at the organized way in which
evidence is stored, and gained a greater
appreciation for the amount of effort
exerted by detectives to ensure that such
evidence is secured. |
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REPORT NO. 27
Summer Internship
Summary |
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by
Todd Greer
This summer has been an amazing one for all
of the interns. We learned a tremendous
amount about the criminal justice system and
were able to participate with prosecutors in
every stage of the process. Here is what the
interns had to say about their experiences
this summer:
Beth Caudill
This internship has been a great experience
for me. I have had the chance to experience
many things, meet many people, and learn a
lot about the criminal justice system. Some
of our activities, like the autopsy and the
police ride-along, have been adventures that
I will never forget. I also enjoyed working
with Ray on the radio shows, and becoming so
comfortable with updating the website. I
feel very privileged to have been able to
participate in the summer internship program
and I am looking forward to applying this
knowledge in law school.
Brandon Faulkner
Spending the summer interning in the Fayette
Commonwealth’s Attorney’s Office has been a
wonderful learning experience. Aside from
learning what the day-to-day
responsibilities of a prosecutor are, I have
had the opportunity to work on several
murder cases. From doing inventories of
‘Scrub-a-Truck’ tapes for Traci to drafting
responses to be filed with the court for Ray
and Lou Anna, the summer has provided me
with valuable insight into all phases of a
criminal trial. I enjoyed my time here at
the office so much that I am planning on
returning in the Fall to participate in the
third-year internship program. I’d
especially like to thank Traci and Cindy,
they were both great prosecutors to work
under and always assigned me interesting
projects. See you all soon!!
Alex Gibson
This summer has been a very exciting and
rewarding one. I have learned more than I
ever thought possible in a three month
period. One of the most memorable
experiences of the internship was being able
to participate in the Shane Ragland trial.
Working on such a high profile case can
create many road blocks and learning how to
confront these problems was a great
opportunity to prepare me for my career.
Overall, I have obtained many skills that I
will carry with me through the remainder of
law school and my work as an attorney.
Todd Greer
My experience at the Fayette County
Commonwealth’s Attorney’s Office has been
nothing short of amazing. On the very first
day of the internship, the interns were
taken into court to watch the prosecutors
make their opening statements in a
death-penalty trial. I quickly realized that
I wanted to be a Prosecutor. The most
memorable experience of my summer was
working with Prosecutor Dan Laren on a
burglary trial. I never dreamed that Dan
would allow me to accompany him through
every stage of the trial. I was given the
opportunity to accompany him to investigate
the crime scene, interview the arresting
officer, discuss trial strategy, conduct
Voir Dire, and to sit with him at the
Prosecution’s table throughout the trial.
Working with Dan on the burglary trial was
an experience that I will never forget. I
have to thank Ray Larson, Carolyn Miller,
Brian Mattone, Dan Laren, and the rest of
the Prosecutors for allowing me to take part
in such an amazing internship.
Sarah Hale
The summer internship at Mr. Larson's office
was my first experience in criminal law
outside of a law school classroom. The
activities in which I participated this
summer and the work that I did helped me to
see criminal law as more than just words
written in a casebook. I saw criminal law at
all its stages. From crime scenes and
autopsies to sentencing and appeal, I was
given the opportunity to follow along as
cases worked their way through the Kentucky
justice system. Although visiting crime
scenes and riding along with police officers
and detectives was fun, my most rewarding
and educational experiences came from
helping attorneys prepare for trial.
Researching, writing memos, talking strategy
and then seeing it all come together at
hearings and trials was extremely exciting
and satisfying. As I leave this internship
to return to my second year of law school I
feel that these experiences will benefit me
not only in my remaining two years of law
school but also in my future career. I have
seen what criminal justice looks like from
the inside and that view will remain with me
throughout my legal career.
Sara Jennings
My internship with this office has been
filled with many new experiences and
emotions this summer. I have learned things
that have been exciting, scary, interesting
and different all at the same time. My most
memorable experience was the day I spent
with a detective. I read and prepared case
files all summer long, but I never got a
true taste of the crimes I read about until
I spent the day with the detective. As I
arrived at a suicide crime scene to collect
evidence with the forensics unit, I was
unsure how seeing my first dead body would
affect me. I quickly realized what these men
and women have to cope with on a day-to-day
basis. My respect for the police department,
attorneys and all other individuals involved
in a criminal case increased tremendously.
This summer has been an opportunity that I
have been changed for the better from and
will never forget.
Chris Keller
This summer has been a very exciting and
rewarding experience. Not only was I able to
participate with felony prosecutions
throughout every stage of a criminal case,
but I was also given opportunities that I am
sure that I would never have had otherwise,
such as viewing an autopsy, spending a day
with a detective, touring the various
detention centers, and shooting guns at the
police firing range. Working for the
Commonwealth’s Attorney’s Office was an
experience that I will never forget. It was
truly a dream come true.
Blake Nolan
The summer internship has proven to be one
of the most exciting and educational
experiences of my life. I particularly liked
going to the police firing range and
learning about various weapons and ballistic
information. My favorite part was actually
getting to fire a handgun, shotgun, and a
rifle. I am grateful to Ray Larson and all
of the prosecutors in the Commonwealth’s
Attorney’s Office for giving me such a great
opportunity. I have learned so much this
summer and have enjoyed every minute of it.
Michelle Peyton
I am grateful that I had the opportunity to
intern for the Commonwealth’s Attorney’s
Office this summer. All of my experiences,
from the tour of the Juvenile Detention
Center to the Community Prosecution
training, have truly been wonderful. The
internship has absolutely exceeded all
expectations I had and it has made my summer
very rewarding. Not only have I enjoyed the
tours, preparation for trial, and attending
Motion Hour, but I am also appreciative of
the opportunity I had to work with the
prosecutors and other interns. Overall, the
internship has been a great experience that
I will take with me for years to come.
Megan Thompson
Interning with the Fayette Commonwealth’s
Attorney’s Office has always been an
inspiration of mine. As a freshman in
college, I knew that I wanted to go to law
school but did not know which type of law
interested me. I distinctly remember doing
an internet search on prosecution and
finding my way to the Fayette Commonwealth’s
Attorney’s website. I quickly became
interested and applied for Ray’s summer
internship. Words cannot express how much
information and knowledge I have acquired
throughout the duration of this internship.
It has been one of the most beneficial
experiences of my academic career and I am
now eager to attend law school. I will
always remember my time at the
Commonwealth’s Attorney’s Office and that
one day I work as a prosecutor.
Emily Wessel
This summer has been the best learning
experience I have ever had. The Internship
Program was so organized, and I was
constantly surprised by how much exposure I
had to the criminal justice process.
Specifically, I am so lucky to have worked
on a murder trial, written a response to a
motion, and researched a wide array of
interesting issues. I cannot express how
grateful I am to have been a part of this,
and I want to thank Ray, Kimberly, Lou Anna,
Rami, and all the Assistant D.A.s for
teaching and inspiring us.
We would all like to thank Ray Larson and
his staff for an amazing summer. This
internship has given each of us a greater
knowledge of the criminal justice system.
Not only have we learned a lot, but we have
gained friends in the process. Each one of
us will take away positive memories from
this internship. This summer has truly been
amazing and one that we will never forget. |
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