Main > News > Archives > October 2000

Tuesday, October 31, 2000

CONTINUING LEGAL EDUCATION SEMINARS
Friday, November 3 - "Physician Practice Compliance Issues" for 3.0 CLE Hours Contact www.loubar.org for more info.
Oyez, Oyez, Learn Some Local Louisville Legal Lore 
  • Join Thomas L. Owen, archivist and local historian at the University of Louisville, for a historical tour, "Lawyering and Lawmaking in Downtown Louisville."  
  • Mr. Owen is sure to offer an enthusiastic, informative and
    entertaining tour of the downtown legal community.  
  • For the convenience of LBA members, the LBA will sponsor this free tour on two separate days - Tuesday, October 31 and Thursday, November 2.  Register by contacting the LBA at 583-5314.
  • For more details about the event, please visit
    http://www.loubar.org/article.html?id=4576
Jefferson County Hall of Justice renovations nearly done
Louisville Courier-Journal
Nearly two years in the making, and the home for Jefferson County's district and juvenile courts is not quite done.  But they are almost there.  Read about the improvements.
Lawrence County District Judges Race - Experience Touted by Both Candidates
The Daily Independent
Lapses in Kentucky's DUI Treatment Programs Examined by 
Lexington Herald-Leader
Part of Kentucky's answer to the question of how to control drunken driving is court-ordered treatment but records show the $10 million-a-year treatment industry raises questions of its own. . . 
Read What Lexington Says About the Louisville/Jefferson Merger
Lexington Herald-Leader
"Average Joe" Robber Pleads Guilty
Kentucky Pos
A Verona man accused of being the ''Average Joe'' bank robber pleaded guilty today to 11 holdups over the past two years, beginning with one in Crestview Hills in 1998.
Sexual Harassment Suits Settled at Western Kentucky University
Bowling Green The Daily News
Three women who accused the former director of Western Kentucky University’s Glasgow campus of sexual harassment, stalking and unwanted romantic overtures – and accused Western leaders of failing to respond to their complaints – will split a $290,000 settlement in the matter.
Court of Appeals Denies Rehearing in $6.2 million suit against Krogers
Winchester Sun
The Kentucky Court of Appeals has denied a rehearing for the Kroger Co., allowing the $6.2 million lawsuit filed by five Winchester plaintiffs against the grocery chain to move forward.
Nun On a Mission to Ring Out Executions
The Kentucky Standard
Jefferson County Guard's Murder Trial in Lexington
  • After more than a year of delays, the public may finally learn more about what happened in jail cell 6 in Jefferson County's Hall of Justice on Jan. 7, 1998 -- the night inmate Adrian Reynolds died. The murder trial of Timothy Barnes, one of five corrections officers who struggled with Reynolds that night, is scheduled to begin today in Lexington .Louisville Courier-Journal On-Line
  • Final jury selection and opening statements are expected today in the case against Timothy Barnes, a former Jefferson County corrections officer accused of killing jail inmate Adrian Reynolds nearly three years ago. Louisville Courier-Journal On-Line
  • Reynolds died Jan. 7, 1998, after a scuffle with a half-dozen Jefferson County jail guards in his tiny cell beneath Louisville's Hall of Justice. Hard blows to his head killed him. Kentucky civil-rights groups say he's another victim of law enforcement's brutality against black men. Lexington Herald-Leader
  • Prosecutors yesterday described former Jefferson County corrections officer Timothy Barnes as a hulk of a man who, out of anger and frustration, used unnecessary force that led to the death of an agitated inmate.  Barnes' attorney, however, painted a much different portrait. He claimed Barnes was only doing his job even trying to save the inmate's life as he tried to protect himself and other officers from a violent and psychotic prisoner who was trying to kill himself in his cell.  Lexington Herald-Leader
  • A jury of 14 whites and two blacks heard strikingly different versions yesterday of how jail inmate Adrian Reynolds died in the basement of Jefferson County's Hall of Justice in January of 1998.
    Louisville Courier-Journal 
  • One of the five Jefferson County corrections officers who struggled with inmate Adrian Reynolds the night he died in jail testified yesterday that, while he held Reynolds down on the floor, he noticed a boot on the prisoner's head. Louisville Courier-Journal 
  • One of the five Jefferson County corrections officers who struggled with inmate Adrian Reynolds the night he died in jail told a jury yesterday that he might not have done exactly what Officer Timothy Barnes did that night. Louisville Courier-Journal 

October 30, 2000

Study Supports Racial Profiling By Louisville Police
Louisville Courier-Journal
Ashland Discrimination Case Settled for $40,000
The Daily Independent
Court of Appeals - DOT Can Require Billboard Permits
Lexington Herald-Leader
Web Site to Track Down Unidentified Bodies
Lexington Herald-Leader   -   http://www.unidentifiedremains.net
Court-Ordered DUI Programs Running Unchecked in Kentucky
Lexington Herald-Leader
11 Local Option Wet Dry Elections from New Law
Lexington Herald-Leader
Special Judge Rules Alcohol Sales Law Applies to Small Towns
Lexington Herald-Leader
Kentucky Attorney General Speaks to Bardstown Rotary
Bardstown The Kentucky Standard
Joel McCoy to be Tried for Murder Second Time in Marion County
Lebanon Enterprise 
Arrests Made in Crittendon Amish School Bombing
The Crittenden Press
Jefferson County Guard's Murder Trial in Lexington
  • After more than a year of delays, the public may finally learn more about what happened in jail cell 6 in Jefferson County's Hall of Justice on Jan. 7, 1998 -- the night inmate Adrian Reynolds died. The murder trial of Timothy Barnes, one of five corrections officers who struggled with Reynolds that night, is scheduled to begin today in Lexington .Louisville Courier-Journal On-Line
  • Final jury selection and opening statements are expected today in the case against Timothy Barnes, a former Jefferson County corrections officer accused of killing jail inmate Adrian Reynolds nearly three years ago. Louisville Courier-Journal On-Line
  • Reynolds died Jan. 7, 1998, after a scuffle with a half-dozen Jefferson County jail guards in his tiny cell beneath Louisville's Hall of Justice. Hard blows to his head killed him. Kentucky civil-rights groups say he's another victim of law enforcement's brutality against black men. Lexington Herald-Leader
  • Prosecutors yesterday described former Jefferson County corrections officer Timothy Barnes as a hulk of a man who, out of anger and frustration, used unnecessary force that led to the death of an agitated inmate.  Barnes' attorney, however, painted a much different portrait. He claimed Barnes was only doing his job even trying to save the inmate's life as he tried to protect himself and other officers from a violent and psychotic prisoner who was trying to kill himself in his cell.  Lexington Herald-Leader
  • A jury of 14 whites and two blacks heard strikingly different versions yesterday of how jail inmate Adrian Reynolds died in the basement of Jefferson County's Hall of Justice in January of 1998.
    Louisville Courier-Journal 
  • One of the five Jefferson County corrections officers who struggled with inmate Adrian Reynolds the night he died in jail testified yesterday that, while he held Reynolds down on the floor, he noticed a boot on the prisoner's head. Louisville Courier-Journal 
  • One of the five Jefferson County corrections officers who struggled with inmate Adrian Reynolds the night he died in jail told a jury yesterday that he might not have done exactly what Officer Timothy Barnes did that night. Louisville Courier-Journal 

October 27, 2000

Sexual Harassment Suit Settled for $157,500
Louisville Courier-Journal On-Line
Oldham County and its insurer have paid $157,500 to settle a lawsuit filed by a former police officer who charged that she was the victim of sexual harassment and discrimination.
ACLU Wants Legal Fees For Fighting KY's Abortion Law
Kentucky Post
Louisville Courier-Journa
The American Civil Liberties Union wants a federal judge to award more than $400,000 in court costs and legal fees stemming from the group's two-year fight against a Kentucky anti-abortion law.
Accused Murderer in Covington Case Taking Stand
Kentucky Post
Court Commissioner Loses Law License
Lexington Herald-Leader
Garrard County Circuit Court Master Commissioner David K. Layton was suspended from practicing law yesterday by the Kentucky Supreme Court, which said there is evidence he has been mishandling funds.
Ky Supreme Court Reverses Ouster of School Board Members
Lexington Herald-Leader
The state's ouster of three members of the Russell County school board was overturned yesterday by the Kentucky Supreme Court. The justices said the Kentucky Board of Education exceeded its authority by basing ousters on a law forbidding school systems with budget deficits to spend money without written permission from the commissioner of education.
Ky Whistleblower Law Held Constitutional by Supreme Court
Lexington Herald-Leader
A ``whistleblower'' law designed to protect public employees who expose wrongdoing is constitutional, and courts can impose damages to punish government agencies that violate it, the Kentucky Supreme Court ruled yesterday.
Ky Supreme Court Limits Sovereign Immunity
Lexington Herald-Leader
The Floyd County Development Authority and its chairman have no constitutional protection from lawsuits, the Kentucky Supreme Court ruled yesterday. It reversed two lower courts that found the agency and its chairman to be cloaked by the doctrine of ``sovereign immunity,'' as are state and county governments.
Knox County Doctor's Motion for Anonymity Denied
Barbourville Mountain Advocate
     A Knox County judge has dismissed a motion filed by Dr. John Doe seeking anonymity from a sexual harassment case filed against him with the state board of licensure.
     Barbourville Attorney Randy Jewell, who represents Doe, filed the motion in October asking for a permanent or temporary injuction allowing the doctor to remain unnamed. The temporary injunction was granted and the case was sealed.
Scott County Deputy Pleads Guilty to Drug Charge
Georgetown News-Graphic
LEXINGTON, Ky. -- Police in Lexington will examine the investigation of the beating death of a University of Kentucky professor in 1997 now that a jury has awarded $385,000 to a man who said he was falsely named as a suspect.

October 26, 2000

Hardin County Sheriff, Commonwealth Attorney Sued in Fed Court
Elizabethtown The News-Enterprise
     An Elizabethtown man has filed suit in federal court claiming he was held in jail for 18 months on charges he sexually abused a 16-year-old, even after the alleged victim recanted and a lab found no physical evidence.
     The suit filed by Artemus Mullins names as defendants Sgt. Bobby Baker and Lt. Mary Hall, Hardin County Sheriff Bobby Thomas and Hardin County Commonwealth's Attorney Jeff England. Baker and Hall are both sheriff's deputies.
Trial Begins in Pike County Beating Death
Pikeville Appalachian News Express
Richard “Bebay” Roberts had a footlocker stashed away in his home crammed with important papers, rare coins, old knives and a photograph of a former girlfriend and her children in happier days.
Man Arrested in Ashland Slaying
Ashland The Daily Independent
Robbery and drugs are believed to have played a role in the slaying of a Vanceburg man whose body was found in a shallow grave Tuesday afternoon.
Arraignment Set for Grayson Funeral Home Shooting
Ashland The Daily Independent
The man accused of shooting Olive Hill funeral home owner William Waddell is scheduled for arraignment early next month.
Northern KY Man Sentenced for Molesting Step-Daughter
Covington The Kentucky Post
A man who admitted molesting his step-daughter was sentenced Tuesday to seven years in prison, but the girl's mother said her child will face a lifetime of painful memories.
Trial in Northern Kentucky - Stabbing Act of Pure Meanness
Covington The Kentucky Post
Gregory Saylor admits that he killed his friend and drinking buddy, Thomas Faulconer, but insists he did so only after Faulconer pulled a gun and threatened to kill him. Prosecutor Anthony Bracke, though, said Saylor was never threatened, and he killed the 48-year-old Faulconer out of pure meanness.
2 Indicted in Somerset for Kicking Retarded Man @ Hospital
Louisville The Courier-Journal
Two former patient aides at the state's Oakwood hospital for the mentally retarded were charged yesterday with kicking a patient in the head.
Error in DUI Law May Keep Drunk Drivers Out of Jail
Covington The Kentucky Post
A provision in Kentucky's new DUI law aimed at giving jail time to those who refuse to take blood-alcohol tests may not apply to first-time offenders. Sponsors said the difference is an error that occured during the editing process for the bill.
Bardstown Man Arrested for Rape/Sodomy Charges
Bardstown The Kentucky Standard
'Average Joe' Bank Robber May Plead Guilty in Federal Court
Covington The Kentucky Post
Member of Prominent Gallatin Family Charged in FBI Drug Sting
Covington The Kentucky Post
FBI Report - Crime Down in Louisville and Jefferson County
Louisville The Courier-Journal

October 25 2000

Sears Settles Wrongful Death Suit in Covington
Kentucky Post
The family of an Aurora, Ind., man who died last year while doing electrical work at the Sears store at Florence Mall has settled their federal lawsuit out of court.  Amount not disclosed in court papers.
Covington Rape Trial Continued - Mother Charged in Rape of Her Daughter
Kentucky Post
A mother accused of allowing two men to rape her young daughter will have to wait another six weeks to make her case in court.  Kenton Circuit Judge Steve Jaeger on Monday agreed to delay the trial for the 24-year-old woman; for Brian Asbury, 37, described as the mother's live-in boyfriend; and for Carl Pennington, 31.
Six Aggravating Circumstances of New DUI Law Looked At
Lexington Herald-Leader
The new DUI law set mandatory jail sentences for people who commit one of six ``aggravating circumstances'' during their drunken driving arrest. Those are:
  1. Driving 30 mph or more over the speed limit.
  2. Driving the wrong way on a limited-access highway.
  3. Causing a wreck that seriously hurts or kills someone
  4. Having a blood-alcohol concentration of 0.18 or more.
  5. Refusing to take the blood-alcohol test. (Due to a mistake in the wording of the law, this does not apply to first-offense cases).
  6.  Having a passenger under age 12.
Kentucky Man Jailed for Selling Bogus Stock in Minnesota Twins
Kentucky Post
A Massachusetts man has been sentenced to 15 months in prison for taking $150,000 from investors who thought they were buying shares of the Minnesota Twins baseball team.  Michael T. Casey, 57, pleaded guilty in July to three wire fraud charges before U.S. District Judge Karl S. Forester of Covington.
DUI law loophole lets some avoid jail
Lexington Herald-Leader
Hundreds of drunken drivers apparently will avoid mandatory jail time because of an error in Kentucky's new driving-under-the-influence law. Sponsors wanted the law to punish people who refuse to take a blood-alcohol test by putting them in jail for at least four days. Kentucky requires its licensed drivers to submit to a blood, breath or urine test (all of which measure the blood's alcohol content) when asked by a police officer. Test results can show if a driver was legally drunk; a refusal makes the prosecutor's job more difficult.
Louisville Cop Arrested For Domestic Assault
Louisville The Courier-Journal
Louisville police officer has been placed on paid administrative leave after being charged with assault in an alleged domestic dispute with his wife at their Shively home
Fraud Suit Against Lexington Police Nearing End 
Lexington Herald-Leader
Closing arguments are to be heard this morning and a verdict could come today in the Fayette Circuit Court trial of a lawsuit Barnett filed in 1999 against Lexington police officers David Lyons and Craig Sorrell and the Lexington-Fayette Urban County Government.
Owensboro - Man Pleads Guilty in Death of 10 Year Old at Motel
Owensboro Messenger-Inquirer
Glasgow council approves ordinance requiring criminal records check for youth sports coaches 
Glasgow Glasgow Daily Times
Franklin Circuit Judge Hopes to Rule on Wet-Dry Law by Election Day
Elizabethtown The News-Enterprise
See related story in Kentucky New Era
Upcoming CLE @ Louisville Bar Association
Wednesday, October 25 - "Practical Aspects of Legal Ethics in Kentucky" for 2.0 CLE Ethics Hours

Thursday, October 26 - "Tenth Annual Domestic Relations Update" for 2.0 CLE Hours

Friday, October 27 - "Due Diligence Issues for Title Agents and Residential Real Estate Attorneys" for 3.0 CLE Hours

To register for any of the seminars listed above, please visit
http://www.loubar.org/clecalendar.html
Record Award for Brain Injury
The National Law Journal
A Virginia jury hit Norfolk Southern Railway Co. with what could be the largest verdict for a mild traumatic brain injury, ordering the railroad to pay nearly $46 million to a 33-year-old man who was injured when a train derailed. Donald French was sitting in his office at a Gainesville, Va., gas station when a railroad car loaded with pick-up trucks turned over and skidded into French's building.

October 24, 2000

Jefferson Family Court Judge Mary Corey Retiring
Louisville Courier-Journal On-Line
Jefferson District Judge Mary Corey -- the first woman to preside in the county's Family Court when it began as an experiment -- is stepping down after 15 years on the bench. She is retiring effective Nov. 4.
Guards Suspended Under Allegations of Excessive Force
Louisville Courier-Journal On-Line
Four Jefferson County corrections officers have been suspended pending the outcome of an internal investigation into allegations that they used excessive force to subdue an inmate last week.
Judge to Hear Wet-Dry Constitutional Vote Issue in Georgetown
Lexington Herald-Leader
In two weeks, residents in nine dry cities and two dry counties will vote on allowing restaurants to sell alcohol.  But a hearing in Franklin Circuit Court on Tuesday could ultimately have the final say about alcohol sales, whatever the outcome of the Nov. 7 elections. The new state law that allows otherwise dry communities to permit alcohol sales in restaurants is being challenged in court by the Temperance League of Kentucky and some Georgetown residents.
Civil Suits Winding Down re Ashland Financial Consultant
Ashland The Daily Independent
The slew of civil suits that surrounded the conviction of a Bellefonte financial consultant two years ago is close to being resolved, according to court records.
Bardstown Teen Indicted on Murder Charges
Bardstown The Kentucky Standard
Other Stories

October 23, 2000

Inquest Set for Man Who Jumped in River While in Police Custody
Louisville The Courier-Journal
A coroner's inquest is scheduled for Nov. 15 to examine the circumstances of the death of Louis Wade Hermann, who jumped into the Ohio River Sept. 16 while handcuffed and in Louisville police custody.
Detention Center Cleared of Charges
Louisville The Courier-Journal
The Campbell County Regional Juvenile Detention Center has been cleared of wrongdoing in three cases involving youths
Court of Appeals Reinstates Jail Time for Mother of Truants
Lexington Lexington Herald-Leader
A jail sentence for a woman who repeatedly allowed her children to skip school was reinstated by the Kentucky Court of Appeals yesterday.
State Family Workers Charged With Incest
Lexington Lexington Herald-Leader
An employee with the state Cabinet for Families and Children and her husband have been jailed on charges that the man had sexual contact with their daughter while the mother videotaped it.
Ex-Fleming-Neon police chief gets 6 years for robbery
Lexington Lexington Herald-Leader
Former Fleming-Neon Police Chief Danny Neil Yonts has been sentenced to nearly six years in federal prison for his role in a bank robbery more than two years ago. Yonts was sentenced this week to 70 months in prison and must pay back about $22,000 to Community Trust Bank of Fleming-Neon, which was robbed in February 1998.
Lawsuit Filed Against Scott County Deputy for Excessive Force
Georgetown Georgetown News-Graphic
Barbourville Mountain Advocate October 19 edition
  • Judge has overruled a motion to limit testimony about video surveillance tapes in the trial of a Knox County man charged with indecent exposure last spring at a popular recreational area.
  • A 19-year-old man will have sex abuse charges against him heard by the grand jury for allegedly fondling a seven-year-old girl.
  • Robberies of Knox County business people and residents top the list of indictments handed down by the grand jury Friday in Knox Circuit Court.
Federal Lawsuit Filed In Owensboro Over Alleged Bank Fraud
Henderson The Gleaner
Domestic Violence Victims Remembered at Jefferson Court House
Louisville The Courier-Journal
Calloway County Man Convicted of Cocaine Charges
Hawesville man charged with attempted manslaughter
Lewisport woman faces animal cruelty charges
Charges may be dropped against  Hopkinsville off-duty policemen
A federal appeals panel in Cincinnati upheld the conviction of former Eastern Kentucky prosecutor Lawrence Ray Carmichael.
U.S. Supreme Court Justice Antonin Scalia spoke about the constitutional issue of creating laws through the courts in an address to University of Louisville School of Law alumni and local attorneys on 10/19/2000.

October 19, 2000

West Virginians Indicted for Killing in Pike County
Pikeville Appalachian News Express
Pike County Driver Indicted in Death of His Passenger
Pikeville Appalachian News Express
Plea Bargaining Shaping Up for Scott  Deputy's  Drug Dealing
or Let's Take a nibble Out of Crime and Bite the Others
Georgetown Georgetown News-Graphic
Scott County Sheriff's Deputy charged with complicity to grow marijuana will most likely be looking at a much lighter charge soon, said Commonwealth’s Attorney and special prosecutor Jack Keith.
But the Deal Ain't So Sweet When You Steal From the Man (Cops)
Hopkinsville Kentucky New Era
Hopkinsville man has been sentenced to five years in prison for stealing law enforcement property and two four-wheelers earlier this year, according to court record.
Ohio Man Stalks Kentucky Sheriff
Cincinnati Enquirer
A Butler County man accused of stalking and threatening a Kentucky sheriff faces a hearing today to determine whether he will be sent to the Bluegrass State to face those charges.   
Catlettsburg Man Convicted
Ashland The Daily Independent

A Boyd Circuit Court jury Wednesday found Jeffrey Lynn Beach, 37, guilty of pistol-whipping and shooting a Westwood man in his Iowa Street apartment while the man's wife cowered in the bedroom. The jury recommended, and Circuit Judge C. David Hagerman imposed, two 15-year sentences and a 20-year sentence, all to be served consecutively.

Stupid is as Stupid Does - Scientists revive 250 million year old bacteria
Owensboro Owenboro Messenger-Inquirer
Maybe it should have been left alone.  In what sounds like something out of "Jurassic Park," bacteria that lived before the dinosaurs and survived Earth's biggest mass extinction have been reawakened after a 250-million-year sleep in a salt crystal, scientists say
UPS Packer Awarded $775,000 Against Company for Improperly Sending Toxic Pacage - California
BusinessWire
Chicago Man Receives $4 Million over racial slurs
Sun Times

October 18, 2000

Jefferson County Has a Backlog of 70,000 Arrest Warrants! 
Louisville The Courier-Journal
A fragmented system for serving warrants, worsened by antiquated record keeping, has resulted in a backlog of about 70,000 outstanding warrants -- including nearly 13,000 felony cases -- in Jefferson County, court officials say.  Many arrested with outstanding warrants because sheriff could not get them served.
Local Lawyer Has Dream for a Monument to Martin Luther King
Louisville The Courier-Journal
Atty Tom Williams had a dream and wrote to Congress about it - to have a monument at the LIncoln Memorial for Martin Luther King's ' I Have a Dream Speech' in 1963.  The dream became a letter, and the letter became a Congressional bill to erect a plaque at the Lincoln Memorial, marking it as the spot where the Rev. Martin Luther King Jr. delivered his "I Have a Dream" speech in 1963. The bill eventually cleared both the House and the Senate, and it has been sent to President Clinton to sign.
  For the complete text of that memorable speech on August 28, 1963 - CLICK HERE.
Ashland Couple Tell Jury of Horrors Being Shot in Boyd Trial
Ashland The Daily Independent
Lloyd and Kathy Evans both testified in Boyd Circuit Court about being asleep in their Westwood home in early 1998 when two men broke in, robbed them and shot one of them
Court of App. to Hear Murray State Marilyn Manson T-Shirt Case
Owensboro Owenboro Messenger-Inquirer
A Kentucky Court of Appeals will decide if Murray State University student Star Morgan was guilty of harassment when she wore a Marilyn Manson T-shirt to a Marshall County festival.  The three-judge panel met in Owensboro Tuesday to hear arguments in the case, but is not expected to issue a ruling for at least six weeks, said Judge Tom Emberton.
Funeral Director's Assets Not Enough to Cover Those Cheated
Elizabethtown The News-Enterprise
However, his attorney Doug Hubbard has a lien of $75,000 for his legal fees in representing Brownfield over the last few months - and no trial yet.
Owensboro Shoots Down Legal Plan Benefit for Employees
Owensboro Owenboro Messenger-Inquirer
Six defendants were sentenced in Clark Circuit Court Drug Case
Winchester Winchester Sun
Boyd County Commonwealth's Attorney's Race Heats Up
Ashland The Daily Independent
UK Addresses Ethical Issues of Doctor's Gifts from Drug Companies
Lexington Lexington Herald-Leader
$9.25 Million Asbestos Verdict
Business Wire

October 17, 2000

Commonwealth v. Brunen - Death on the Ohio River
court tv
Court TV Online Report of the manslaughter trial for the deaths of three on the Ohio River who were killed by a man who was operating his boat under the influence of alcohol.  
Upcoming CLE Seminars by the Louisville Bar Association LBA
Wednesday, October 25 - "Practical Aspects of Legal Ethics in Kentucky" for 2.0 CLE Ethics Hours
Thursday, October 26 - "Tenth Annual Domestic Relations Update" for 2.0 CLE Hours
Friday, October 27 - "Due Diligence Issues for Title Agents and Residential Real Estate Attorneys" for 3.0 CLE Hours
To register for any of the seminars listed above, please visit
http://www.loubar.org/clecalendar.html
Hodgenville Funeral Director Back in Jail
Elizabethtown The News-Enterprise
Hodgenville funeral director Bobby Brownfield is back behind bars full-time after the sale of his residence Sunday. Brownfield had been granted a work release furlough to prepare his property for the auction, which brought $113,000, about $22,000 less than the value pegged by the LaRue County property valuation administrator.
Ashland Mail Carrier Pleads Guilty in Federal Court
Ashland The Daily Independent
A former Ashland mail carrier who pleaded guilty in federal court last year to a misdemeanor charge of failing to deliver mail has been indicted on a state charge of theft of mail matter.
Glasgow investment firm investigated for ripping off elderly
Glasgow Glasgow Daily Times
$6.5 Million Dollar Verdict in Iowa for Plane Crash Survivor
FindLaw
Senate Pardons Pearl Harbor Officers from WW II
FindLaw - Admiral Kimmell from Kentucky was one of them

October 16, 2000

Federal Summary Judgment Dismisses Wrongful Death Suit Against Louisville SWAT Team
Louisville The Courier-Journal
A U.S. district judge has dismissed a lawsuit filed by the family of a man who was shot and killed three years ago by a Louisville police SWAT team.

Future Oldham Parks Director Indicted on Bribe and Falsifying Info
La Grange The Oldham Era

Just when Oldham County parks director Tom Boyd prepares to retire on Oct. 20, his replacement was indicted last Thursday for allegedly accepting a bribe and falsifying information on a public record.
Court of Appeals Sets Aside $100,000 Award to Prison Inmate
Lexington Lexington Herald-Leader
The state Court of Appeals yesterday reversed a $100,000 award to an inmate who was injured while trimming his warden's tree. A three-judge panel said a Boyle Circuit Court judge exceeded his authority in awarding the money after the Kentucky Board of Claims rejected case.
21 Busted At Shelby County Pot Party
Shelbyville Sentinel-News
Prescription for death - OxyContin abuse on the rise
Pikeville Appalachian News Express
It used to be marijuana, many local law enforcement officials are saying of the greatest challenge they face in the fighting illegal drug trade, but now it is prescription drugs.
Northern KY - Zoning Targeting Gun Store
Covington The Kentucky Post
Barbourville Mountain Advocate October 12 edition
  • Jail time for man who shoots into truck - injured man in back.  Gets five years per plea agreement.
  • A Knox County district judge set a trial date Tuesday for a former teacher's aide convicted of sex abuse and assault.
Covington Police Haul In Downtown Hookers 
Covington The Kentucky Post
Mama's Murderer Makes Confession Per KSP
Ashland The Daily Independent

October 13, 2000

Lottery Winner Pleads Guilty to DUI
Covington The Kentucky Post
The 42-year-old former forklift operator who pocketed nearly $14 million after winning the July Powerball drawing admitted in Boone District Court that he was drunk when he left the scene of a minor accident in Florence in June.
Judge Shoots Down Hooters Punitive Damage Award
Covington The Kentucky Post
A federal judge has thrown out all except $25,000 a jury awarded a former waitress after finding the Hooter's Restaurant in Newport guilty of sexual harassment.
Kowalczyk Talks to Students at Bellarmine University about DUI
Louisville The Courier-Journal
Standing before a crowd of more than 350 college students last night, Andrea Kowalczyk described how she went partying with some friends one night last year. She had four or five beers, waited a few hours, then thought she could drive home.
Court Day May Come Back to Lexington
Lexington Lexington Herald-Leader
Man charged with multiple sex crimes competent to stand trial
Ashland The Daily Independent
The competency hearing came after another hearing on whether testimony regarding Chambers' competence would be closed to the public, including the media.
Hardin County Judge Says Charges False and Frivilous
Elizabethtown The News-Enterprise
A Hardin County judge expects the Kentucky Bar Association to dismiss accusations he acted unethically while serving as an assistant county attorney.  Simcoe, who is seeking election Nov. 7 to the bench, said the allegations are false and frivolous. He spoke Wednesday with Jay Garrett, the deputy bar counsel handling the complaint.
Former Sheriff Claims Ineffective Counsel in Alford Plea
Owensboro Owenboro Messenger-Inquirer
A former Daviess County sheriff's deputy serving a 10-year sentence in an eastern Kentucky prison has asked an appeals court to overturn his plea agreement and give him an new trial claiming ineffective counsel.   Morris entered an Alford plea in August 1998 to a 10-count indictment charging he conspired to commit murder, kidnapping and first-degree assault. In exchange for his plea, Morris was sentenced to 10 years in prison by Daviess Circuit Judge Garland Howard, which he is serving at the Eastern Kentucky Correctional Complex in West Liberty.
New Federal Law Targets Drunk Drivers
US News Week

October 12, 2000

Bellarmine's Mock-Trial Teams Tops in the Nation
Bellarmine University's mock trial team won the 1999 national competition and is a favorite this year too.  Their team was recently listed first, ahead of Yale and others by the American Mock Trial Association.  This team has been coached for the last 16 years by Louisville lawyer, James Wagoner, with strong help from his wife, Ruth.  The national tournament will be held March 30 - April 1 in Des Moines, Iowa.  Their first meet is set for October 19 in South Carolina.  This year's competition involves the death of a man climbing Mt. Everest and the wrongful death action filed by his wife.  Read more in the Courier-Journal paper edition, B2, October 10, 2000
UK Basketball Player Found Guilty of DUI
Lexington Herald-Leader
A Fayette District Court jury convicted Souleymane ``Jules'' Camara of driving under the influence yesterday, which apparently makes him ineligible to play on the University of Kentucky men's basketball team during the upcoming season.
U.S. High Court To Decide Case On Punitive Damages
FindLaw
The U.S. Supreme Court said on Tuesday it will decide the standard for
reviewing a trial judge's ruling on a challenge to an award of punitive
damages.  The justices will decide whether appellate courts should use a
more deferential standard of review to determine the rationality of the
amount awarded, or whether a more rigorous new review should be
conducted.  Read Circuit Court decision.
Murray State Dorm Fire Trial Venue Changed
Hopkinsville Kentucky New Era
A Christian County jury will hear the case against the man charged with murder and arson in the Murray State University dorm fire that killed a student.
Lady Santa Not Sad About WalMart Ruling
Henderson The Gleaner
Man Who Murdered Mom Makes First Court Appearance
Ashland The Daily Independent
An Elliott County man charged with murdering his mother made his first court appearance Tuesday. Nathaniel Adkins, 18, was arraigned in Morgan County District Court before Judge Kim Gevedon. Also on Tuesday, an autopsy performed at the state medical examiner's office in Frankfort revealed that Adkins' mother, Marsha A. Oliver, 44, died of multiple gunshot wounds, Elliott County Coroner Mark Lewis said.Adkins was charged with murder after police found Oliver's body buried in a shallow grave in the yard of the Brown Ridge residence she and her son shared
Ashland Newspaper Tries To Keep Competency Hearing Open
Ashland The Daily Independent

The Daily Independent is seeking to keep open a hearing examining the competency of a Raceland man  to stand trial who has been charged in Boyd and Greenup counties with several counts of sexual abuse involving minors.

Louisville Man Arrested for Nelson County Rape and Robbery 
Bardstown The Kentucky Standard
Green County Constable Busted On Drug Charges
Greensburg Greensburg Record-Herald
Former Pikeville Broker Pleads to Fraud
Lexington Herald-Leader
Lawsuit filed against Madisonville Nursing Home
A lawsuit alleging negligence and improper care by a Madisonville nursing home has been filed in the Hopkins Circuit Court Clerk’s office.

October 11, 2000

Lady Santa Loses Lawsuit 
Louisville The Courier-Journal
Wanted: Santa Claus. No women need apply. The Kentucky Commission on Human Rights has ruled that a Wal-Mart in Morganfield did not discriminate against Marta Brown when it forbid her from portraying Old St. Nick in December 1995
Judge "Judy" Allows Shrink Accused of Having Sex With Patients To Keep Seeing Patients - Pending license Review
Louisville The Courier-Journal
Jefferson Circuit Court Judge Judith McDonald-Burkman decided yesterday to let a Louisville psychiatrist accused of improper sexual contact with a patient keep practicing while the case is being reviewed.
Anesthesiologist Nailed for $618,000 Med-Mal Case in Eastern Ky
Ashland The Daily Independent
An anesthesiologist at King's Daughters Medical Center was at fault for a 1995 operating room injury that left an Ironton man's right arm almost useless, a jury ruled last week.
Alderman Sues City Over Bad Things Said About Her Kid
Louisville The Courier-Journal
Louisville Alderwoman Denise Bentley is suing the city, a Louisville police lieutenant and other unidentified police officers over what she says were false and defamatory statements about her 14-year-old daughter.
Lexington Forum Addresses Unequal Justice For Blacks
Lexington Lexington Herald-Leader
``Injustice, brutality and violence in the name of law and justice are just as much a part of American history as apple pie, baseball and George Washington,'' said Finney, who moderated the discussion sponsored by Kentuckians for the Commonwealth
Former Guard Convicted of Arson in Twenty Minutes
Lexington Lexington Herald-Leader
After 20 minutes of deliberations, a Fayette County Circuit jury convicted a former security guard of  arson for a fire at the Lexington Herald-Leader in February. Jeffrey Scott Kelso, 27, a former volunteer fireman who said he'd never fought a fire, testified he took a cigarette lighter and held it up to a frayed edge on a roll of newsprint.  Damage from the blaze and water was put at $100,000.
Public Defenders Disagree on Defense in Death Row Case
Covington The Kentucky Post
A rift apparently has developed between Death Row inmate Fred Furnish and the public defenders who are trying to keep him from the possibility of a second death penalty.
Eastern Kentucky Man Charged With Murdering His Mom
Ashland The Daily Independent
Hilltopper Basketball Players Plead To Misdemeanor Theft
Bowling Green The Daily News
Whistleblower Suit Thrown Out of Federal Court
Hopkinsville Kentucky New Era
A federal District Court judge has thrown out a lawsuit filed against Hopkinsville Water Environment Authority by the former supervisor of a city sewer plant, saying he failed to prove HWEA officials violated his First Amendment rights of free speech.

October 10, 2000

Ex-Police Chief Sued for Civil Rights Violation Over Assault
Dr. Jerry Ulfe has sued former Pioneer Village Police Chief Kevin Smith in the Jefferson Circuit Court alleging his civil rights were violated when Smith assaulted him on January 3 of this year claiming permanent injuries.  Smith was sentenced to six years in prison back in August in trial in Jefferson Circuit Court.  City is claiming that Smith was off-duty at the time.  See Paper Edition of Courier Journal, B2, 10/9/2000.
  LouisvilleLaw.Commentary
A quick primer on sovereign immunity - which limits the citizen's right to sue the government and its employees for personal injuries caused by the government. 
 
Kentucky Constitution Section 231
The General Assembly may, by law, direct in what manner and in what courts suits may be brought against the Commonwealth.