Tag Archive for 'Ron Berry'

City sues insurer over Berry abuse case

- bortiz@herald-leader.com

The Urban County Government is suing a foreign insurance company for failing to pay five settlements arising from litigation over convicted child molester Ron Berry.

Ron Berry

Ron Berry

The county had an insurance policy with the Insurance Corp. of Ireland, now known as Icarom, from March 1, 1982, to July 1, 1985. The general liability policy insured, among many things, public officials from liability.

The county filed suit against Icarom last week in U.S. District Court in Lexington, saying the insurer has failed to pay claims the city filed over five settlements with plaintiffs. The suit says county officials forwarded depositions and other records to the company in 2005.

Despite several inquiries, the insurance company has yet to say whether it will pay or deny the claim, according to the lawsuit.

The city gave the insurance company an opportunity to participate in the defense of the Berry lawsuits, but it declined, the county’s suit states.

About 200 people since 1998 have sued the county claiming they were sexually abused by Berry when they were children. Berry was the head of the Micro-City Government program for disadvantaged youth from 1969 to 1997.

Berry was convicted of 12 counts of sodomy in 2000. He served a three-year prison term.

The city has settled two lawsuits, and one other is still pending. The first was with four plaintiffs for $450,000, or about $112,000 each. The second was with 17 plaintiffs for $2.4 million, or $143,000 each.

The county’s lawsuit seeks reimbursement for the settlements and litigation costs for five plaintiffs who say they were abused during the term of the insurance policy. The county also seeks unspecified punitive damages from the insurance company.

The five Berry plaintiffs participated in either the lawsuit that settled for $2.4 million or the pending suit in U.S. District Court in Lexington.

The Ron Berry lawsuits claim that county officials knew that Berry was sexually abusing children in the program and failed to stop him.

The county’s lawsuit against the insurance company does not specify how much in damages it is seeking.

Officials with the insurance company could not be reached for comment on Wednesday.

Fayette County sued three other insurers over the Ron Berry litigation in 2001. Court records indicate those suits settled, despite previous statements from the insurance companies that the policies did not cover the type of activity Berry and city officials were accused of.

The terms of the insurance company settlements were not immediately available late Wednesday afternoon.

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Ron Berry, convicted sex offender, gets partial pardon

By Brandon Ortiz
bortiz@herald-leader.com

Gov. Steve Beshear has restored the right to vote and hold office to convicted child molester Ron Berry, the former head of the defunct Micro-City Government youth program.

The partial pardon, which was signed on Aug. 20 and filed Wednesday in Fayette Circuit Court, does not restore Berry’s right to own a gun or serve on a jury.

Berry, 64, was convicted of 12 counts of sodomy with 12- to 16-year-old boys in 2002. He completed a three-year prison sentence at Northpoint Training Center in 2005.

A Lexington lawyer who was instrumental in Berry’s downfall was flabbergasted by the news.

“I’m legitimately at a loss for words on this one,” said Gayle Slaughter, who represents several people who say they were sexually abused by Berry. “I guess it is good to know which side of the fence the governor is on in this battle against this scourge on society.”

Slaughter said she doesn’t mind allowing Berry the right to vote. “But I think allowing him to seek public office is a bit much,” she said.

In Kentucky, the governor must intervene for felons to have their civil rights restored.

A spokesman for Beshear said the governor, as a matter of policy, automatically approves the partial restoration of civil rights if applicants have served their sentence, paid restitution and have no outstanding warrants.

Having the right to vote automatically grants someone the right to run for office, spokesman Jay Blanton said.

Prosecutors can object to the partial pardon, and Beshear actually doubled the amount of time prosecutors have to review the cases, Blanton said. Prosecutors have objected in 56 instances, and in each case the governor refused to restore civil rights, Blanton said.

In Berry’s case, prosecutors did not object. He was prosecuted by Fayette Commonwealth’s Attorney Ray Larson’s office.

Blanton said Berry’s application was forwarded to Larson in June.

Larson says he didn’t see it. If he had, he would have objected, he said.

“We object to people who kill people, and people who are sex offenders,” Larson said. “And I just obviously didn’t see it.”

He said it is too late for him to object now.

Larson did not have an explanation for why it did not reach his desk.

In March, Beshear, a Democrat, streamlined the process to make it easier for felons to have their rights restored. The move was praised by the League of Women Voters, the NAACP and some Republicans, including Secretary of State Trey Grayson, Blanton said.

The previous governor, Ernie Fletcher, did not automatically restore rights and required written essays.

Berry did not return a phone message seeking comment. Phone calls to a handful of his supporters were not returned.

Micro-City Government, which was founded by Berry in 1969, provided summer jobs and educational programs for disadvantaged youths, hosted dances and parties for the teens, and offered free lunches in impoverished neighborhoods. Berry led Micro-City until 1997, when allegations against Berry became public.

Micro-City was dissolved in 1998.

More than 160 people have sued the Urban County Government, claiming city officials ignored or concealed information that Berry was molesting under-age boys and girls for decades.

The lawsuits alleged that officials allowed the abuse to occur because Berry, once a prominent and powerful black leader, could deliver the black vote for them.

Slaughter said the partial pardon confirms what Berry’s critics have long said.

“Ron has friends in high places,” Slaughter said. “I guess Steve’s trying to get another vote.”

Replied Blanton, “I think that is a ridiculous assertion.”

“We apply the same standard for everyone,” he said. “It is irresponsible to make such a statement.”

Reach Brandon Ortiz at (859) 231-1443 or 1-800-950-6397, Ext. 1443.

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Fayette schools lawsuit becomes public

By Brandon Ortiz
bortiz@herald-leader.com

A class action lawsuit accusing the Fayette County Board of Education of being indifferent to sex abuse allegations in the 1970s and 1980s has become public.

Plaintiff attorneys involved in the case said it relies heavily on testimony in Carol Lynne Maner’s high-profile sex abuse lawsuit, which led to a $3.7 million jury verdict last summer. (A judge later increased the verdict to $3.9 million.)

Some elements of the lawsuit are also intertwined with the Micro-City Government scandal, attorneys said.

Ron Berry, a longtime director of the jobs program for disadvantaged youths, was convicted of 12 counts of sodomy in 2002. Lawsuits have accused former city officials of ignoring the abuse for decades for political reasons.

Attorney Gayle Slaughter, who represents plaintiffs in the Berry and school board lawsuits, said some of the plaintiffs in the school board lawsuit were introduced to teachers by Berry.

The lawsuit was initially filed in Fayette Circuit Court. It was transferred to U.S. District Court in July.

The lawsuit names five plaintiffs who attended Winburn Middle School, Lexington Junior High School and Dunbar Junior High School in the early 1970s and mid-1980s.

It also seeks to represent all Fayette County students who were sexually abused from 1972 to 2007. That is at least 43 people, according to the lawsuit.

The lawsuit does not detail the plaintiffs’ abuse allegations. A federal judge has ordered the plaintiff attorneys to file a detailed listing of the allegations this week.

Attorney Chuck Arnold, who also represents the plaintiffs, said they came forward after Maner’s high-profile trial.

The lawsuit is based on deposition testimony by former Superintendent Guy S. Potts. He testified that he “probably” received one complaint of sexual abuse a month in the 1970s, but he added that he “could not attest to that,” according to court records.

Arnold, who also represents Maner, says the school board in that era had a policy of ignoring sexual abuse. He claims that the board destroyed records of sex abuse allegations several years ago.

He also alleges that Potts had a policy of not reporting suspected abuse to authorities, as required by law.

The statute of limitations for sex abuse lawsuits of this nature is one year. Arnold says that the plaintiffs can proceed with their lawsuits because the board effectively concealed the sex abuse allegations by not reporting them, an argument he made in Maner’s lawsuit.

A jury in her case found that the school board had ignored Maner’s allegations of sex abuse by six employees at Beaumont Junior High School and Lafayette High School in the late 1970s and early 1980s.

A school board spokeswoman referred questions to its attorney, Larry Deener.

Deener declined to comment Wednesday.

In Maner’s lawsuit, the school board argued that it vigorously investigated all allegations of sex abuse. It claimed that it was not aware of any alleged abuse of Maner.

Maner’s case is pending before the Kentucky Court of Appeals. The school board says the lawsuit is barred by the statute of limitations.

If the board succeeds in its appeal, the class action lawsuit will probably be dismissed on the same grounds, Arnold conceded.

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