Monthly Archive for September, 2008Page 3 of 11

Grand jury indicts Ky. judge-executive, 2 others

By Brett Barrouquere
The Associated Press

A north-central Kentucky judge-executive, his deputy and the county treasurer have been indicted on charges of theft and that they misspent public money.

The indictments and a report issued by an Owen County grand jury on Wednesday describe fiscal mismanagement in the county of about 11,000 residents, located about 75 miles northeast of Louisville.

The indictments charge Judge-Executive William O’Banion with taking more than $6,000 from the county, writing off an ambulance bill of more than $600 that he owed the county and writing off other ambulance bills owed by others.

Deputy Judge-Executive Renaee Gaines is accused of taking $16,959 more than her $35,000 salary. Treasurer Gayla Lewis is accused of letting it happen.

O’Banion referred calls to his attorney, Steven Howe of Dry Ridge. Howe said O’Banion is due in court Oct. 7 for arraignment.

“We just intend to defend him against the indictment,” Howe said.

Gaines and Lewis did not immediately return a call to their office.

O’Banion is charged with felony theft, felony theft of services and two counts of first-degree official misconduct. Gaines faces charges of felony theft, complicity to felony theft and to felony theft of services and one county of official misconduct. Lewis is charged with complicity to felony theft and two counts of official misconduct.

The indictments came after a state audit earlier this year uncovered problems in the county’s financial records. The report says O’Banion and Lewis attended a meeting to review the audit, but the county attorney and magistrates weren’t told about the review.

State Auditor Crit Luallen said her office will cooperate with law enforcement as the case moves forward.

“It’s a sad day whenever public officials are accused of breaking the public’s trust,” Luallen said.

The grand jury also issued a report saying four county magistrates are receiving illegal payments of $300 a month from the Owen County general fund.

Under state law, magistrates are allowed to receive the payments for serving on committees, however, Owen Fiscal Court does not have any committees.

The fiscal court attempted earlier this month to make the payments legal by appointing members to the county park board and the Northern Kentucky Area Development District. But, those are not fiscal court committees the report states.

“In addition, the Grand Jury recommends in accordance with applicable law, that the Owen County Attorney and/or other County officials take immediate steps … to recover the lump sum expense allowance monies that have been illegally paid to the Magistrates,” the report states.

The fiscal court also passed a motion in 2007 to classify the magistrates’ positions as full-time so they could participate in the state’s county employee retirement system and get state health insurance.

State law requires employees to work an average of 100 hours a month to qualify for those benefits. However, the fiscal court only meets once a month for about two hours.

The magistrates contend that they work answering residents’ questions, but do not document the work.

 


Information from: The Kentucky Enquirer, http://www.enquirer.com

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Man sues after genital amputation

By Brett Barrouguere
The Associated Press

UPDATED AT 3:50 P.M.: LOUISVILLE — A Kentucky man who claims his penis was removed without his consent during what was supposed to be a circumcision has sued the doctor who performed the surgery.

Phillip Seaton, 61, and his wife are seeking unspecified compensation from Dr. John M. Patterson and the medical practice that performed the circumcision for “loss of service, love and affection.” The Seatons also are seeking unspecified punitive damages from Patterson and the medical practice, Commonwealth Urology.

A woman who answered the phone at Commonwealth Urology would not take a message for the doctor Thursday. But the Seaton’s attorney said the doctor’s post-surgical notes show the doctor thought he detected cancer and removed the penis. Attorney Kevin George said a later test did detect cancer.

“It was not an emergency,” George told The Associated Press on Thursday. “It didn’t have to happen that way.”

Seaton was having the procedure on Oct. 19, 2007, to better treat inflammation.

The lawsuit filed earlier this month in state court claims Patterson removed Seaton’s penis without consulting either Phillip or Deborah Seaton, or giving them an opportunity to seek a second opinion.

The couple also sued the anesthesiologist, Dr. Oliver James of Shelbyville, claiming he used a general anesthesia even though Seaton asked that it not be administered.

A message left at Commonwealth Urology’s corporate office in Lexington was not immediately returned Thursday. A message left for James also was not immediately returned.

The Seatons’ suit is similar to one in which an Indianapolis man was awarded more than $2.3 million in damages after he claimed his penis and left testicle were removed without his consent during surgery for an infection in 1997.

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Man shoots himself alongside Richmond Road during rush hour

By Steve Lannen
slannen@herald-leader.com

Drivers watched in horror as a man shot himself late Wednesday afternoon on an embankment beside Richmond Road.

The unidentified man was at the University of Kentucky hospital with a gunshot wound to the head. He was later pronounced dead at the University of Kentucky hospital, Lexington Police Lt. Edward Hart said.

A little before 5:30 p.m., as shoppers and commuters crawled by on busy Richmond Road, a man sat on an embankment near the intersection with Mount Tabor Road. He had a gun and had told some customers at the nearby Starbucks he planned on hurting himself, Hart said.

Two people approached the man and tried to talk with him and police were on their way, Hart said, but the man put the handgun in his mouth and shot himself.

A suicide note was found in his pocket, Hart said.

  • If you or someone you know is contemplating suicide, call 1-800-784-2433 or (800) SUICIDE.

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Man held in stabbing outside Waffle House

By Steve Lannen
slannen@herald-leader.com

A man walked into a Lexington Waffle House on Wednesday afternoon and told employees to call the police; he had just stabbed a guy in the car outside.

While the man waited for police to arrive at the restaurant on Athens-Boonesboro Road, the stabbing victim drove himself to St. Joseph East, Lexington Police Lt. Edward Hart said. He had wounds to his arms and chest, but none were life-threatening.

Police arrived and the admitted assailant was charged with assault and carrying a concealed deadly weapon, Hart said.

The incident occurred about 5:45 p.m. It was unclear what the attack’s motive was, but the men knew each other, Hart said.

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Should Kentucky ban texting and driving, too?

Schwarzenegger bans texting while driving

Keep those typing fingers on the steering wheel, California.

Drivers will be banned from text messaging while operating a motor vehicle starting Jan. 1 under a bill Gov. Arnold Schwarzenegger signed Wednesday.

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Defamation claim against Fayette schools dismissed

By Brandon Ortiz
bortiz@herald-leader.com

A judge dismissed Wednesday a former principal’s defamation claim against the Fayette County Board of Education for producing a report accusing her of wrongdoing.

Peggie Petrilli

Peggie Petrilli

Circuit Judge James Ishmael ruled that the board did not publish the report, which accuses former Booker T. Washington Academy Principal Peggy Petrilli of improperly holding students back a grade.

Petrilli denies the allegations and is suing the board for defamation over the report.

Ishmael said the report only became public after the Herald-Leader filed an open records request for it.

Under the law, publication is an essential element of defamation.

Petrilli claims the report was a “hit job” intended to discredit her and any litigation she might file against the board. Petrilli is also suing the board for alleged racial discrimination.

Her attorney, Dale Golden, argued a school board attorney, Brenda Allen, wrote the report for the sole purpose of defaming Petrilli. The board knew the media would obtain the report and publicize it, Golden said.

School board attorney John McNeill said the board is required to comply with open records requests. He said the document was intended for internal purposes only and was not meant to be published.

Golden says Allen’s investigation was biased, and points to an e-mail that Allen sent Petrilli outlining topics she would investigate. The e-mail has been filed under seal, Golden said in a hearing Wednesday.

Last week, Golden filed affidavits from two former Booker T. staff members who claimed they were harassed in interviews by Allen.

Assessment coordinator Leigh McCauley claimed she was threatened with suspension if she did not “go along with their agendas.” She also claimed that Allen did not understand testing data that she relied on for the report.
McCauley was one of the staff members named in Allen’s report. She said that Allen gave her no opportunity to respond to the allegations.

The board has said it stands by the months-long investigation. It has also noted that Petrilli, by her own admission in a deposition, requested an investigation because she thought it would clear her name.

Petrilli resigned after parents confronted Superintendant Stu Silberman with a long list of complaints in August 2007. She was principal at Booker T. from March 2005 to August 2007.

Petrilli, who is white, claims she was forced to resign because parents wanted a black principal. The board has said Petrilli left on her own, and noted that interim principal Jock Gum is white.

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Man charged with trading pills for sex

By Bill Estep
bestep@herald-leader.com

Young women performed sexual acts hundreds of times the last few years to get drugs from a Laurel County man, federal authorities have charged.

A federal grand indicted Roy Lacy Cobb, 55, on a charge that he illegally distributed oxycodone from June 2005 to May 2008 in Laurel, Knox and Whitley counties.

A federal grand indicted Roy Lacy Cobb, 55, on a charge that he illegally distributed oxycodone from June 2005 to May 2008 in Laurel, Knox and Whitley counties.

On Wednesday, a federal grand indicted Roy Lacy Cobb, 55, of Keavy, on a charge that he illegally distributed oxycodone — the ingredient in the powerful, much-abused painkiller OxyContin — from June 2005 to May 2008 in Laurel, Knox and Whitley counties.

What sets Cobb’s case apart from many, however, are allegations about a wretched byproduct of drug abuse that appears to have increased in recent years with the spike in abuse of prescription painkillers.

The epidemic of abuse seems to have hit young women in particular in the last decade, said David Mathews, director of adult services for Kentucky River Community Care, which provides substance-abuse treatment and other services in eight Eastern Kentucky counties.

With that, it’s now typical to hear about women engaging in sex in order to get the pills they need to feed their addiction, he said.

“Men are taking advantage of that,” Mathews said. “It’s tragic.”

At one time, men in substance-abuse treatment outnumbered women by far. These days, the numbers are about equal. Mathews said.

Many women are trapped in abusive relationships because of a man’s ability of a man to provide drugs, Mathews said.

Five young women told authorities that they had either gotten drugs from Cobb in return for sex or had heard about others who did, according to a sworn statement from Detective Richard Dalrymple, who is on a U.S. Drug Enforcement Administration task force based in London.

Dalrymple said that in June, while interviewing Cobb’s daughter Mary Cobb, who is charged with stealing drugs from a pharmacy in London, she said her father got drugs from a doctor in Tennessee and distributed them mostly to young women in exchange for sex.

Authorities began tracking down women who alleged they’d engaged in sex acts to get drugs from Cobb.

One told police that another woman, who later died, told her sometime in 2005 that she could get OxyContin pills from Cobb for sex.

The witness said she went to see Cobb with the other woman. On her first visit, the two women had sex at Cobb’s direction and the witness got one pill, according to Dalrymple’s statement.

The woman said that over the next two years, she visited Cobb about every other day. She paid cash for pills about 50 times, but most days she engaged in sex acts to get pills, she told Dalrymple.

Sometimes she had sex with other women, while at other times she had sex with Cobb or performed oral sex on him, the statement said.

Another woman said that when she first met Cobb in the summer of 2005, he gave her OxyContin free and took her shopping, but later, she had to start performing sex acts to get pills. She got an 80-milligram OxyContin every other day for months, the woman told authorities.

Still another woman told police that Cobb first gave her OxyContin, but when she wanted more, he began demanding sexual favors in return. The woman said at some times, she got an OxyContin pill from Cobb daily; she paid cash or got them free maybe 50 times, but the rest of the time she had to “perform some type of sexual favor on Cobb or at the direction of Cobb” to get the pills, according to the affidavit.

Yet another woman said Cobb bragged about giving pills to young women for sex. He showed her a hidden camera in the ceiling and claimed that he taped videos of himself with young women, Dalrymple said in the statement.

Dalrymple submitted the statement in seeking a warrant to arrest Cobb. Police arrested Cobb at his home in Laurel County Wednesday.

Brad Mitchell, a Laurel County sheriff’s detective who worked in the investigation, said police wanted Cobb in custody before witnesses were to go to the grand jury Wednesday.

Cobb preyed on women in the grip of a powerful addiction, Mitchell said.

“He used that pill as power over them,” Mitchell said.

The investigation in the case is continuing. Cobb might be charged in state court as well as federal court, Mitchell said.

Cobb was arraigned Wednesday afternoon and pleaded not guilty. His attorney, Derek Gordon, was not available for comment.

However, Cobb’s daughter, Christina Kinman, said the allegation that Cobb traded drugs for sex is not true.

“We think it’s ridiculous,” she said.

Kinman said her father has a 2-year-old daughter by a woman with whom he had an affair. That woman has stirred up allegations against Cobb because of a dispute, Kinman said.

Kinman said Cobb once did home repairs, but now receives disability payments and takes heart and blood-pressure medication.

Cobb faces up to 20 years in prison if convicted, according to the indictment.

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Old Nancy High School catches fire

By Steve Lannen
slannen@herald-leader.com

Authorities will return to the old Nancy High School Wednesday morning to try and determine why it caught fire.
About 4:15 p.m. Tuesday, smoke and flames were seen coming from the former cafeteria, said Nancy Volunteer Fire Chief Chris Cox.

Crews from Parkers Mill, Burnside and Faubush were called into assist. An ambulance and hazardous materials crew from Somerset were also called after 55-gallon drums of methanol and bleach were found stored in the school, Cox said.

He did not think the chemicals contributed to the fire, but they could have caused a greater problem had they ignited, he said.

The cafeteria was destroyed and the exterior to the gymnasium was singed, the chief said.

The fire’s cause was not immediately known. The last graduating class was in 1981, he said.

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Henry “James Brown” Earl busted 1,000 times?

Henry Earl, one of Lexington’s most famous sons, has surfaced in the news yet again.

Henry Earl

Henry Earl

Earl, who is also known as “James Brown” in some circles, is the subject of conversation at monkeygumbo.com, which claims Earl was thrown in the hooskow for his one thousandth criminal offense.

According to jail records, Earl, 58, was booked Tuesday at the Fayette County jail on an alcohol intoxication charge, one of Earl’s most notorious offenses (click here to see Earl’s rap sheet and various mug shots … don’t forget to come back; it takes a while to look at the mugshots.)

It’s hard to say how many times Earl has actually been locked up because records only go back to 1992. In fact, it is quite possible he surpassed his thousandth criminal offense prior to Tuesday. Nonetheless, if Earl has been locked up 1,000 times it would mean he was arrested once every five days for the past 16 years.

  • Read the report at monkeygumbo.com here

And here’s a story Brandon Ortiz wrote about Earl a few years ago. Brandon interviewed Earl when he was locked up once in 2005. The story was published in the Herald-Leader December 19, 2005:

By Brandon Ortiz
bortiz@herald-leader.com

He is celebrated in T-shirts, songs, music videos and oil paintings. Mythical tales of his exploits appear on more than a dozen Web sites — at least three are dedicated entirely to him.

Bloggers have called Lexington’s Henry Earl, 56, a real American hero.

Earl has become a genuine Internet phenomenon, a national and international cyberspace celebrity with a devoted online following.

Yet this Internet cult hero calls the Fayette County Detention Center his second home. He’s been there 969 times since 1992, mostly for drunkenness — and that is the warped root of his celebrity.

It could be said that Earl’s story is a uniquely American one, given his unexpected and perhaps undeserving brush with fame. But it’s hard to decipher a moral from it: He is famous only because he is a drunk who, by his own admission, has no desire to work, quit drinking or stop living off charity and taxpayers.

Generally regarded as a harmless eccentric, Earl has been homeless since 1969. His nickname is James Brown, after the famous soul singer, because he’ll shuffle for booze, money or, failing that, attention.

He became an overnight celebrity in January 2004 after the Lexington-based humor site Fark.com linked to Earl’s mug shots on the jail Web site.

Suddenly, he was on the ABC late-night show Jimmy Kimmel Live (it showed local news footage of him) and was interviewed by Newsweek for an online article. The jail briefly closed down the Web site and started limiting access to online records because of the Earl traffic.

What’s surprising about the Henry Earl phenomenon — other than its absurdity — is its staying power. His 15 minutes of fame are far from over.

“It definitely has legs,” said Drew Curtis, who runs Fark.com. “Henry Earl is now at that point where he has become a staple of the Internet.”

In a jailhouse interview last week, Earl was amused by the attention. “I’m a famous man in the jail,” Earl said with a toothy grin.

He can’t recall the first time he was arrested, but remembers being a regular at the old jail on Short Street, which closed in 1976. His number of arrests actually far exceeds 1,000, but nobody has determined the exact figure. The jail’s computerized records go back only to 1992.

Earl did not care for some of the Web sites, particularly messedup.net, which used numerous racial epithets.

“They didn’t have to do that,” he said. (The site’s operator has said he is a fan and is not making fun of Earl.)

Earl — who said he has never used the Internet, though he has seen pictures of it — is also upset that he has not been able to cash in on his fame. Indeed, he does not have a dime to his name.

One mug shot is Earl-less

Fans can’t get enough of Earl’s drunken jail mug shots, which have been posted online and feature a variety of poses and facial expressions over 10 years. Sometimes Earl grins ear-to-ear, sometimes he’s angry. Quite frequently he’s dazed. In one shot, he’s not pictured at all, as if he had fallen.

For a homeless man, he is remarkably stylish, often wearing leisure suits and turtlenecks. He has one other quirk: He often carries fried chicken in his pocket.

Bloggers have superimposed his face on baseball cards, magazines, album covers, historic photos and even the Mona Lisa. Web sites encourage readers to donate to Earl’s jail commissary account, though it wouldn’t help him because it would be credited toward the $5,000 he owes in booking fees.

One Lexington liquor store even sold autographed pictures.

So why is Earl so popular? Fans think he’s a lovable loser, Curtis explains.

“It’s a guy who has essentially hit complete rock bottom,” Curtis said. “You can’t get any worse. I don’t know, I think maybe part of the appeal is no matter how bad your life is, you’re not in jail 300 days out of the year.

“Part of the appeal too,” Curtis continued, “especially with the college-age crowd, is he is kind of living their dream, the frat boy dream: Being drunk all the time. When in reality that would be a horrible, horrible thing.”

Earl’s fame is ironic, notes sociologist Richard Lachmann of the State University of New York at Albany. After all, Earl is celebrated for self-destructive and even criminal behavior.

“This is a country that is harsh with criminals in a way that no other country except Iran is,” Lachmann said. “At the same time, somebody who commits mild crimes, people are amused by it. The mere fact that he can get arrested 900 times is a sign that police and the courts don’t take it seriously, too.”

But there is not much law enforcement can do, Assistant County Attorney Jack Miller said. “Maybe 20 years ago something could have been done,” Miller said. “But with him, it is a way of life. He wouldn’t want to change anything.

“Unless they want help, it’s almost futile to try to do anything.”

Even Bill Rhodes, a 38-year-old Silicon Valley software engineer who runs a blog dedicated to Earl, sometimes feels guilty about operating a site that claims to have Earl’s real-time jail stats.

“We are sort of fostering this guy’s degradation,” Rhodes said.

‘Call the man’

Earl is banned for life from most Lexington liquor stores for panhandling, stealing hooch and bothering customers. He is infamous for sitting down in liquor stores on cold winter nights, declaring he’s drunk and instructing clerks to “call the man.”

According to one urban legend, Earl invites himself into college parties to mooch beer, sometimes becoming the toast of the party before wearing out his welcome.

Only half true, he says.

“I ain’t did it lately,” he said. “Things getting kind of tough out there, people getting kind of scared nowadays. Robberies and all that. I used to have a good time.”

Earl said his last job was at the Smith Motel as a busboy and dishwasher in 1969. He lost that job after showing up to work drunk. He was homeless not long after.

The Scott County native says he was adopted at age 7. His adoptive mother died when he was 18, the same age he started drinking.

His only remaining family is a cousin who lives in northeast Lexington. The cousin helps him out occasionally, if Earl’s sober.

“He knows what my deal is,” said Earl, who then pretended to hold a bottle to his mouth.

Earl says he’s never seriously tried to quit drinking, and probably never will. The only way he could quit, he said, would be if he didn’t have money to buy booze.

“I’d like to slow down,” he said. “Do I want to stop? Not really.”
Money, oddly, is the least of Earl’s worries. He gets it by begging college students. “Oh yeah, I get their money,” he said.

Finding a warm, safe place to sleep is another matter. Earl says he has spent many nights just wandering the streets. If it’s warm, he’ll sleep in bushes at cemeteries.

And if it’s cold, Earl will try to get arrested, if he can’t get into a homeless shelter. At the old downtown jail he once tried ringing the buzzer on the back door, but the officers told him he could get in only if he’s arrested.

On Friday, Earl was released from jail after serving two weeks for disorderly conduct and trespassing. His goal, he said, is to get into the Hope Center, from which he was banned three years ago for showing up drunk. (The center, for privacy reasons, does not disclose its clients.)

Even if he has to abide by the Hope Center’s rules and go into detoxification, Earl says he’ll do it.
“Another year coming in 2006,” Earl said. “I didn’t make a resolution this year, but I need to make one. I need a job.”

On second thought, Earl says, he’d rather try to get Social Security disability payments. Or food stamps, but he has to have an address.

“I am going to take care of my business, buddy,” he said. “I should have a long time ago.”
Why didn’t he? “I got drunk,” he answered.

In the end, Earl’s life — laughed at by so many in the online world — is not a joke.

“It’s a sad life, it ain’t worth it dog,” said Earl, a tear welling in his eye. “I got more sense than some people think I do.

“I’ve seen what it’s doing, it is ruining my life. I mean, it ain’t too late to straighten up.”

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Richmond police to purchase 44 Tasers

By Ashlee Clark
aclark@herald-leader.com

RICHMOND — City commissioners unanimously approved Tuesday the purchase of 44 Tasers for the Richmond Police Department.

Richmond Police chief Larry Brock said there have been a number of incidents in the past year where officers have been injured on the job, and “we think that some of those could have been avoided if we had a tool like a Taser to help us avoid physical confrontation.” 

Officers will begin using the Tasers in about three months after they receive training, Brock said. There is $40,000 allotted in the police department’s budget for the Tasers.

Brock and commissioner Robert Blythe said during the city commission meeting Tuesday that it was important to hold public forums to dispense information about Tasers and their use. 

“I think it would just be a good, proactive type of thing” to correct misconceptions about Tasers, Blythe said.

The commissioners voted 4-0 in favor of the order. Commissioner Kay Jones was not present during the vote.

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