Monthly Archive for November, 2008

Grad student found not guilty of setting apartment fire

After two hours of deliberations, a jury found Lexington graduate student Michael D. Mitchell not guilty of setting an apartment on fire at the Kirklevington Hills complex.

Michael D. Mitchell

Michael D. Mitchell

Jury deliberations in the arson trial, which started last week, began about 12:50 p.m. Monday in U.S. District Court.

“I can’t describe it,” said Mitchell’s mother, Beverly Mitchell, as she left the courtroom in tears. “There’s no way to describe it.”

Michael Mitchell hugged family and friends before leaving the building. He declined to comment.

Federal prosecutors had argued that Mitchell wanted to get out of his lease without paying a penalty because of a series of at least three fires at the complex from February 2005 to December 2006.

“The defendant knew what he was doing,” Assistant U.S. Attorney Hydee Hawkins said during closing arguments Monday morning. “The defendant’s a smart and tidy guy. It was a very neat fire.”

But Mitchell’s defense argued that other people might be responsible for the fire. Defense lawyer Patrick Nash said a lot of gasoline was used in the blaze, but people who talked to Mitchell immediately after the fire did not notice anything suspicious about him.

“He didn’t smell of gasoline,” Nash said. “He didn’t have burns. He didn’t smell like smoke.”

Nash also said Mitchell did not have a motive, and it would not have been difficult for the defendant’s family to get the money needed to break the lease.

The government said Mitchell, who was indicted in June, stole the key to unit 96A, two stories above his apartment and where the apartment owner lived while in town. They said Mitchell doused the carpet with gasoline and set it ablaze.

Hawkins said Mitchell lived near the the spot where the apartment’s owners parked their silver Range Rover, and the keys to the owner’s apartment were left in the vehicle.

Investigators said the apartment’s carpet had swirl marks in an S-pattern, apparently from someone pouring gasoline on it and setting it ablaze. A bottle of Rain-X was found outside the apartment, half-filled with gasoline. The fingerprints on the bottle were traced to Mitchell, according to investigators.

But Nash told jurors during closing arguments that it wouldn’t make sense for Mitchell to hide all other evidence, and be careful enough to not burn himself or get gasoline on himself, and then leave a Rain-X bottle behind, which could be traced to him.

The apartment management would allow only renters whose units were uninhabitable to break their leases. Prosecutors said Mitchell was not suspected in any of the other fires.

After the verdict, Hawkins said that the case relied heavily on circumstantial evidence and that the jurors had done their jobs. She declined to comment further.

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Couple indicted on child-abuse charges

Herald-Leader Staff Report

A Calloway County grand jury indicted two people facing multiple felony charges connected with the abuse of children in their home outside of Murray.

Derek Chandler and Carol Elizabeth Erwin were indicted on charges including complicity to first-degree assault, first-degree and second-degree criminal abuse, and intimidating a participant in a legal process.

The indictment alleges that the couple, over a year-long period, inflicted or allowed serious physical injury, torture, or cruel confinement to children younger than 12, according to a news release issued Monday by Attorney General Jack Conway and his special prosecutions division.

Conway’s release says Chandler and Erwin also are accused of threatening other children in the household to keep them from reporting the abuse. The couple could face up to 45 years in prison if convicted.

The children have been removed from the home, according to Conway’s office.

The indictment comes after a two-month joint criminal investigation by the Calloway County Sheriff’s Office, employees of Child Protective Services, the University of Louisville’s Forensic Medicine Program and prosecutors from the Office of the Attorney General’s Special Prosecutions Division.

Erwin is being held on a $50,000 bond. Chandler is being held on a $35,000 bond.

The two will appear in court on Jan. 26.

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Father accused of shaking baby

Herald-Leader Staff Report

A Lexington man accused of shaking an infant has been charged with assault.

Eric Sylvester Martin, 22, was arrested Friday evening and charged with first-degree assault “for causing serious physical injury to his 5½ -week-old infant when he shook the child,” according to a release issued Monday by Lexington police.

Eric Sylvester Martin

Eric Sylvester Martin

The baby, who has not been identified, remains in the care of the University of Kentucky Medical Center.

Police said the infant was taken to the hospital Nov. 17 from the Salvation Army after having difficulty breathing. Police did not say where the alleged incident occurred. No other details were available.

Investigators later received information that lead to Martin’s arrest, according to the release.

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Appeals court lets Vatican sex abuse case proceed

The Associated Press

LOUISVILLE — A federal appeals court has ruled that part a class-action sex abuse lawsuit against the Vatican can proceed.

The 6th U.S. Circuit Court of Appeals in Cincinnati said on Monday that three men may pursue their claim that top church officials should have warned the public or local authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville.

The ruling upholds a similar decision by U.S. District Judge John Heyburn II of Louisville in May 2007.

The ruling also upholds Heyburn’s decision to dismiss claims that the Holy See was negligent in failing to provide safe care to the children entrusted to the clergy.

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Teacher’s assistant: ‘Nothing inappropriate’ with student

By Ashlee Clark
aclark@herald-leader.com

RICHMOND — A Madison Middle School teacher’s assistant admitted that he exchanged inappropriate text messages with a student, but said he is not guilty of the crime with which he was charged last week, according to a statement released Monday.

Brandon Clay Rousey, 23, was arrested Nov. 17 and charged with unlawful use of electronic means to induce a minor to engage in sexual or other prohibited activities. The Madison County Sheriff’s Department said Rousey sent more than 100 text messages to a 13-year-old Madison Middle student in which he requested sexual favors from the teenager.

“I am not guilty of the crime I am accused of, but that does not mean I didn’t do anything wrong,” Rousey wrote in a letter given to the Herald-Leader Monday by Rousey’s attorney, Wesley Browne. “I am very ashamed of my behavior.”

In his statement, Rousey said nothing inappropriate took place between him and the student except the text messages.

“That conduct is bad enough, and I will regret it for the rest of my life,” he wrote.

The sheriff’s department has said that as many as eight girls could have had similar contact with Rousey. But the teacher’s assistant denied that more than one student was involved.

“Although a couple other students sent me one or two text messages, they were not of the same nature and it did not continue,” Rousey wrote.

Detective Steve King of the Madison County Sheriff’s Department said Rousey, an Eastern Kentucky University AmeriCorps volunteer, was a popular assistant at the school. He coached basketball and football in some capacity for a few years before he became a language arts teacher’s assistant Oct. 1.

Deputies say Rousey began sending messages at the end of October and continued to do so for nearly a month, sometimes during school hours. The student involved sent text messages back to Rousey, but it is unclear who initiated the correspondence, Madison County Sheriff Nelson O’Donnell said.

The content of the messages “would shock the conscience of an adult, let alone a 13 year old,” O’Donnell said last week.

The sheriff’s department began to investigate allegations against Rousey after two sets of parents contacted the department Nov. 16 about Rousey’s relationship with their 13-year-old daughters. The next day, Rousey admitted to deputies that he had sent messages to one of those girls, the department said.

Rousey appeared briefly before Madison District Judge Earl Ray Neal Monday morning for his arraignment. The case was waived to the grand jury. Rousey was released from the Madison County jail last week after posting a $5,000 full cash bond.

In his letter, Rousey thanked the people who have supported and prayed for him. He also apologized to his family, Madison Middle, the Madison County Board of Education and the EKU AmeriCorps program.

“I specifically want to apologize to the young woman involved and her parents,” he wrote. “I only ask that you forgive me if you can.”

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History of Ky. death penalty

Get the latest on Marco Chapman’s execution.

By Brandon Ortiz

Executions in Kentucky have been rare the last 40 years, but the death penalty has a long history in the Bluegrass state.

Chapman is expected to be the 165th person executed at the Kentucky State Penitentiary, and only the second to die by lethal injection. The others died by electric chair.

The racial breakdown is disproportionate: 80 whites and 84 blacks. Blacks currently make up less than 10 percent of Kentucky’s population, although that proportion was higher in the early 20th century.

Chapman would be the third inmate executed since the death penalty was reinstated in 1977, and only the fourth since 1956, when three people were executed. The death penalty was once common in Kentucky, with 161 men being executed in Eddyville from 1911 to 1955. (Kentucky did not begin to keep complete records of executions until 1911.) The most inmates to be executed in one night is seven, on July 13, 1928.

Nine others were legally hanged elsewhere in Kentucky between 1920 and 1938.

Only 50 of Kentucky’s 120 counties have sent someone to Death Row. The last time someone convicted in Fayette County was executed was in 1943. Jefferson County has set the most inmates to death with 44.

After Chapman’s execution, there will be 35 men and one woman on Death Row. Thirteen of them have been on Death Row longer than 20 years. Thirty inmates are white, six are black and one is Hispanic.

Source: Kentucky Department of Corrections

Get the latest on Marco Chapman’s execution.

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UPDATE: Notes from media briefings at Chapman execution

Get the latest on Marco Chapman’s execution.

By Brandon Ortiz

Here are the highlights of a 4:30 p.m. CST press briefing with Lisa Lamb, a Kentucky Department of Corrections spokeswoman.

-    With two-and-a-half hours left to live, Marco Allen Chapman is seemingly calm. “He has not outwardly expressed any fear or communicated that to us,” Lamb said.
-    Chapman has not changed his mind and has not filed any last-minute appeals. The execution, scheduled for 7 p.m. CST, remains on schedule.
-    The cost of Chapman’s final meal was $31.81.

Lisa Lamb, a spokeswoman for the Kentucky Department of Corrections, briefed the media at 3:30 p.m. CST. Here are the highlights of the press conference:

– Marco Allen Chapman was served his last meal, a 32-ounce steak with A1 steak sauce and 20 butterfly shrimp, at 3 p.m. He was eating it at the time the press conference began
– Chapman met with a public defender at his request at 2 p.m. The meeting, with lawyer Heather McGregor, lasted 30 minutes. The content of the discussion is confidential.
– Chapman’s last meal was bought at a local food market and prepared by prison staff.
– At this point only a court order can stop Chapman’s execution. A public defender is available if he chooses to exercise his remaining appeals.
– Chapman spent the early afternoon watching Law & Order: Special Victims Unit.

Get the latest on Marco Chapman’s execution.

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Settlement reached in teen’s Kentucky Kingdom accident

By Bruce Schreiner
The Associated Press

UPDATED AT 6:51 P.M. LOUISVILLE — An amusement park said Friday it has reached a settlement with the family of a Louisville teenager whose feet were severed when a thrill ride malfunctioned last year.

Six Flags Kentucky Kingdom said the settlement would provide “lifetime care” for Kaitlyn Lasitter, who was 13 when a cable on the ride snapped in June 2007, cutting off her feet. Doctors were able to reattach her right foot but not her left one, and some of her left leg was amputated.

Kentucky Kingdom spokeswoman Carolyn McLean said terms of the settlement were confidential.

“We deeply regret the tragedy that Kaitlyn suffered and she remains in our thoughts and prayers,” the Louisville amusement park said in a statement.

Repeated calls to Kaitlyn’s father Randy and the family’s attorney were not immediately returned.

The family sued the amusement park, claiming the park failed to maintain the Superman Tower of Power ride and equipment and to ensure riders’ safety. The ride, which ascended several stories before dropping riders at speeds of more than 50 mph, has since been dismantled.

The amusement park denied liability in court filings. A trial had been set for early 2010.

A Kentucky Department of Agriculture report placed blame for the accident on a faulty cable and slow response by an operator. The report said Kaitlyn would likely have suffered only cuts and scrapes with swifter action from the ride’s operators.

Kaitlyn has undergone several surgeries since the accident. In late September, Randy Lasitter said his daughter was suffering “excruciating pain” as she faced more surgery in Nashville, Tenn.

In recounting the accident in a court document, Kaitlyn recalled a burning smell and said she felt she was going to die. Speaking in Washington on another occasion, Kaitlyn called her ordeal “horrific” and said “nobody should ever have to go through what I’ve been through.”

Kaitlyn, a former softball and soccer player, described putting on weight from inactivity, being made fun of, having friends and boys treat her differently and missing out on being a teenager.

The settlement was signed Thursday by Jefferson County Circuit Judge Barry Willett.

Kentucky Kingdom had filed suit against Intamin Ltd., the manufacturer of the ride, but McLean said Friday that claim had also been settled.

A call to Intamin’s office in Maryland was not immediately returned Friday.

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Grandma won’t be charged in toddler’s death

A grandmother who left her grandson in a hot car for hours will not face any charges.

The Laurel County grand jury refused to indict Linda Long on Friday morning.

Read more at WKYT.com

Read more at WLEX.com

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Cows being rounded up after escape

The Associated Press

Cows are still being rounded up after getting loose from a farm in western Kentucky.

Lyon County Sheriff Kent Murphy says 63 cows from Millikan Farms smashed through a gate Thursday night and poured onto Kentucky 373, prompting a state “open range warning.” Murphy says makeshift wranglers had found most of them by Friday morning, but they were still searching for more than a dozen.

Murphy says the cows may have been spooked by gusty winds.

He says neighbors on horseback helped the owners round them up.

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