Monthly Archive for February, 2009Page 2 of 4

Nicholas principal charged with assault

- shopkins@herald-leader.com

The Nicholas County High School principal who was suspended after an altercation with a student last week has been charged with fourth-degree assault, Montgomery County jail officials said.

Joseph Orazen, 35, of Carlisle was released from the Montgomery County jail on a $7,500 cash bond Wednesday evening. He is scheduled to appear in court March 4.

Reached at his home Thursday morning, Orazen said, “It’s not what it looks like.” He said that at some point it will all come out. Orazen declined to comment further.

On Wednesday, Nicholas County schools released a statement saying Orazen had been suspended. Orazen had been on administrative leave since last week, shortly after the altercation with Nicholas County High School student Dusty Green, 15.

School officials declined to discuss any details about Orazen’s suspension. District officials released a statement saying, “Mr. Joe Orazen is suspended, and he has a right to request a hearing from the Commissioner of the Kentucky Department of Education.”

Green was suspended for 10 days after the incident, according to his mother, Michelle Green of Carlisle.

Green said Thursday that she expected a more serious charge. But now that Orazen has been criminally charged, she wants him prohibited from being around children.

“I’d like for him to be convicted,” she said.

Harrison County Attorney Charles Kuster, who has been appointed special prosecutor, said the evidence presented to him, including bruises and abrasions, and the fact that no weapon was involved resulted in the fourth-degree assault charge.

On Tuesday, WLEX-TV (Channel 18) released surveillance footage, saying it arrived in an unmarked package. The video shows a confrontation outdoors between a male student and a man, and WLEX reporters identified them as Orazen and Dusty Green. The footage shows the man wrapping his arms around the student, scooping him up and slamming him to the ground.

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Man accused of ramming house with SUV turns himself in, is charged

NICHOLASVILLE — Jonathan Lamb, the man accused of ramming his grandfather’s house with a Jeep Cherokee, turned himself in at the Jessamine County jail on Wednesday.

Lamb, 23, was charged with first-degree wanton endangerment, first-degree criminal mischief, and felony theft of a vehicle, said Deputy Sheriff Allen “Doodle” Peel.

Lamb’s vehicle also allegedly hit another vehicle in the driveway of his grandfather’s home on Union Mill Road east of Nicholasville. The incident was reported shortly before 10 p.m. Tuesday.

A preliminary hearing was scheduled for Monday in Jessamine District Court. A judge will hear evidence to determine whether there is probable cause to the send the case to a grand jury, which will decide whether Lamb should be indicted.

Lamb remains in the jail in lieu of a $10,000 bond.

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Arguments heard in fen-phen case

- bortiz@herald-leader.com

FRANKFORT — Opening statements were under way in the retrial of two Lexington area lawyers accused of taking $94 million that should have gone to 440 clients, who had sued the maker of the diet drug fen-phen.

Shirley Cunningham Jr. (left), William Gallion (right)

Shirley Cunningham Jr. (left), William Gallion (right)

Lawyers for the federal government and the defendants, Shirley Cunningham Jr. and William Gallion, made small tweaks to their case from a trial last summer, which resulted in a hung jury and a mistrial. Another defendant, Melbourne Mills, was acquitted.

Cunningham and Gallion are accused of conspiracy and wire fraud over the 2001 settlement of a lawsuit against the maker of the fen-phen diet drug. fen-phen, which was recalled after some studies indicated it could cause heart damage. The lawsuit was settled for $200 million.

As they laid out their case Wednesday in U.S. District Court, prosecutors spent more time explaining class-action law — a subject that many lawyers find difficult to understand.

Prosecutors say Cunningham and Gallion — and their staff — disregarded ethics rules by refusing to disclose the gross amount of the settlement to their clients, paying them less than they were entitled to under the settlement, and falsely telling clients that they would go to jail if they told anyone what they received, Assistant U.S. Attorney Laura Voorhees.

The lawyers used the settlement-confidentiality clause to keep their clients in the dark, Voorhees said.

“They used this provision like it was a club,” she said.

Under their contracts with clients, Cunningham and Gallion were entitled to one-third of the settlement. They took nearly half of it, Voorhees said.

The lawyers also are accused of wrongfully diverting $20 million of the settlement into a charitable trust. During the first trial, the defense argued that that money was needed to pay future fen-phen victims who were not in the lawsuit. Defense attorneys said that, according to the settlement agreement, Cunningham and Gallion were personally liable for paying those clients.

But Voorhees, anticipating such arguments Wednesday, said the settlement agreement limited the lawyers’ liability to $7.5 million.

O. Hale Almand, an attorney for Gallion, said his client followed the advice and recommendations of well-known Cincinnati trial lawyer Stan Chesley, who negotiated the settlement. Almand also noted that the trial judge approved the attorneys fees.

Almand said the lawyers never intended to defraud their clients. The charitable trust was approved by an independent attorney who was hired by the court to write a legal opinion of it.

Cunningham’s lawyer was expected to make his opening statements at 1 p.m.

The trial could last six weeks.

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Updated | Versailles cemetery is vandalized

- slannen@herald-leader.com

Police in Versailles were looking Wednesday for clues in the vandalism of about more than 100 headstones in the Versailles cemetery, 251 South Locust Street.

About 150 markers were knocked over and about 20 were damaged, said Pat Melton, a Versailles Police spokesman.

A little after noon, families began to show up and inspect the damage where their relatives were buried, Melton said.

“This is truly a despicable act. Why someone would get their kicks from desecrating gravestones, I don’t know,” he said.

Since the gates were locked, it appeared the vandals jumped a 4-foot rock wall, Melton said.

Felony charges are possible including institutional vandalism and criminal mischief, he said.

A $2,000 reward is offered for information leading to arrests.

If you have information, call Versailles Police (859) 873-3126.

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Nicholasville police seek man accused of ramming house with SUV

- gkocher1@herald-leader.com

Danville Police Chief Jay Newell said Wednesday that no charges will be filed in the case of a YouTube video depicting several boys making sexually explicit comments about two middle-school girls.

“From our officers’ review of the YouTube video, there are no threats or any illegal activity that we can see,” Newell said. “It’s some kids that have said some rude things and put it on YouTube. But there’s no law against being rude.”

In the 3½ -minute video posted over the weekend, one young man raps about the girls’ genitals while two other boys make a variety of gestures, some of which are lewd.

Doug Trantham, the father of one of the girls mentioned in the video, expressed disappointment that the boys will not be charged.

“Exceptionally displeased,” Trantham said. “Appalled would be a word. Very appalled at the failure of the legal judicial system.”

Newell said: “If we charged every middle schooler that said something about another middle schooler or that called them a bad name, if you think the justice system is bogged down now … .”

In order for the boys to be charged with harassment, Newell said, “we would have to have a continuing course of conduct that served to harass, alarm or annoy the victim.”

“Obviously, if there is a continuing course of conduct that we can look at and say this is harassing, … then we would see if there is something we could do with that,” Newell said. “Or if they get on there and say ‘Next time’ or ‘We’re going to show them and teach them a lesson,’ that’s different. That is at least an implied threat.”

The Danville Independent school district is also looking into the matter.

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Police: Man rammed SUV into house

- gkocher1@herald-leader.com

NICHOLASVILLE — Police are looking for a man who fled after ramming a Jeep Cherokee into his grandfather’s house and into another vehicle in the drive.

Jonathon Lamb, 23, is wanted for first-degree wanton endangerment and first-degree criminal mischief, said Jessamine County Deputy Sheriff Allen “Doodle” Peel.

Shortly before 10 p.m. Tuesday, Lamb allegedly ran the Jeep into his grandfather’s house in the 3900 block of Union Mill Road east of Nicholasville, Peel said. No one was hurt, but Peel said Lamb was possibly armed with shotgun.

Anyone who has information about Jonathon Lamb’s whereabouts is asked to call the sheriff’s office at (859) 885-9512.

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‘Wrinkly’ man holds up Pita Pit

- slannen@herald-leader.com

A man with a “wrinkly” face robbed the Pita Pit restaurant near the University of Kentucky campus Tuesday night.

Employees told police a man, possibly, in his 60s brandished a handgun and took money a little before 11:30 p.m. at the pita shop, 315 South Limestone.

Police say the man, described as a white man with a wrinkly face, fled on foot. He was wearing blue jeans and a gray hooded sweatshirt with red writing that possibly said East or West Jessamine softball.

Anyone with information is asked to call police (859) 258-3600.

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Missing Ky. girl, 9, found in Georgia

Herald-Leader Staff Report

A 9-year-old Johnson County girl who police say was kidnapped by her mother and an aunt late last month has been found in Georgia.

Investigators say Alissa Castle’s mother, Pamela D. Castle, and her aunt, Bonnie Blair, took the girl from her legal guardian, Terecia Meade, Jan. 28.

They were arrested in Fannin County, Georgia, Feb. 15.

Castle is charged with kidnapping; Blair is charged with complicity to the kidnapping, said Lt. Thomas Wyatt of the Johnson County sheriff’s office.

The women also face several felony charges in Georgia related to “alleged acts occurring when they were taken into custody,” according to a press release from the sheriff’s office.

Alissa is in the custody of Georgia Family & Children’s Services.

Meade, the aunt who has had legal custody of her for several years, was on her way to Georgia Tuesday to be reunited with her.

The sheriff’s office had been in contact with the Federal Bureau of Investigation, as well as police agencies in Georgia, Mississippi, Texas and Colorado, as part of their investigation.

Castle’s brother lives in Calhoun, Ga., Wyatt said.

He said the women had moved into a residence with the girl.

He said Patricia Castle had lost custody of Alissa because of “alleged continued drug use and violent behavior.”

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Jury selected for fen-phen trial

Herald-Leader Staff Report

A 12-person jury and four alternates were seated Tuesday in the second trial for two Central Kentucky attorneys accused of cheating their former clients out of $94 million.

Shirley Cunningham Jr. (left), William Gallion (right)

Shirley Cunningham Jr. (left), William Gallion (right)

Opening statements will begin at 9 a.m. Wednesday in U.S. District Court in Frankfort in the trial of disbarred lawyers Shirley Cunningham Jr. and William Gallion, who are charged with wire fraud and conspiracy. Statements are expected to last four hours.

Federal prosecutors said they expected to call as many as four former clients in the afternoon. Cunningham and Gallion are accused of taking settlement money that should have gone to 440 clients, who had sued the maker of the diet drug fen-phen for heart defects. The suit settled for $200 million in 2001.

The trial could last six weeks. The lawyers’ first trial, last July, resulted in a hung jury. Another defendant, Melbourne Mills, was acquitted.

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Arson suspected in Jessamine fire

- gkocher1@herald-leader.com

NICHOLASVILLE — The fire that destroyed an apartment building is being investigated as a possible arson, the deputy fire chief said Tuesday.

Nicholasville Deputy Fire Chief Kevin Baker said investigators determined that there were “multiple points of origin where the fire started.” He would not give any other details.

No one has been charged, but the Nicholasville Arson Task Force and Nicholasville police are investigating, Baker said.

The building at 306 Edgewood Drive was torn down by heavy equipment Tuesday, Baker said, “because it was very unsafe. It’s literally a pile of rubble now.”

No one was hurt in the early Saturday morning blaze. But the circumstances surrounding the fire have been questioned because the 12-unit building had been condemned, was vacant, had no electricity and was scheduled to be sold Friday at a master commissioner’s sale.

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