Page 1 of 1

The law and order party

Posted: Sat Dec 14, 2019 12:18 am
by Scooter
On His Way Out, Kentucky Gov. Matt Bevin Pardons Murderers, Rapists, Hundreds MoreBevin's controversial decisions have been greeted with shock and consternation from many across the state.

Former Kentucky Gov. Matt Bevin departed the governor's mansion three days ago, but the reverberations of some of his final actions are still being felt across the state.

Bevin, a Republican who narrowly lost a bid for a second term last month, issued pardons to hundreds of people, including convicted rapists, murderers and drug offenders.

In one case, Bevin pardoned a man convicted of homicide. That man's family raised more than $20,000 at a political fundraiser to help Bevin pay off a debt owed from his 2015 gubernatorial campaign. (gee, nothing fishy there)

In all, the former governor signed off on 428 pardons and commutations since his loss to Democrat Andy Beshear, according to The Courier-Journal. The paper notes, "The beneficiaries include one offender convicted of raping a child, another who hired a hit man to kill his business partner and a third who killed his parents."

Bevin's controversial decisions have been greeted with shock and consternation from many across the state.

Some residents reacted angrily to a Thursday Twitter post from Bevin's official account of a sunset along with #WeAreKY.

"Winter sunset ... " Bevin wrote, "Phone camera doesn't do it justice...Truly spectacular. #WeAreKY"

Twitter user Josh Trosper blasted the governor in a tweet: "I guess you can snap pics when you don't have the time to look families (or voters) in the face and tell them you pardoned murderers and rapists."

Rob Sanders, the Kenton County commonwealth's attorney, told The Cincinnati Enquirer that he had backed Bevin but the pardons changed his mind.

"I was somebody who supported him and believed in him and I'm disgusted at myself for having done so," Sanders said to the Enquirer about Bevin.

One pardon that had Sanders — and many others — particularly outraged was that of Micah Schoettle. He's a 41-year-old convicted of raping a 9-year-old child last year. He was sentenced to 23 years in prison, according to the Courier-Journal.

In his pardon order, Bevin wrote, "Micah Schoettle was tried and convicted of a heinous crime based only on testimony that was not supported by any physical evidence."

He added: "This case was investigated and prosecuted in a manner that was sloppy at best. I do not believe that the charges against Mr. Schoettle are true."

Bevin commuted Schoettle's sentenced to time served and ordered a full and unconditional pardon.

Another of Bevin's pardons was of Patrick Brian Baker, who was convicted in 2017 of murdering Donald Mills and tampering with physical evidence, among other charges.

As the Courier-Journal also reports, Baker's family "raised $21,500 at a political fundraiser last year to retire debt from Bevin's 2015 gubernatorial campaign." Baker's brother and sister-in-law also donated $4,000 to Bevin campaign, according to a state election finance database, the paper reports.

"Patrick Baker is a man who has made a series of unwise decisions in his adult life," Bevin wrote in his pardon letter dated Dec. 6, adding that evidence in his conviction was "sketchy at best."

"I am not convinced that justice has been served in the death of Donald Mills, nor am I convinced that the evidence has proven the involvement of Patrick Baker as murderer," Bevin wrote.

Baker was sentenced to 19 years, but served just two. His sentence was commuted to time served and a pardon only for the charges connected to the conviction.

Not all of Bevin's pardons were so contentious.

He also pardoned Tamishia Wilson of Henderson, Ky., convicted in 2006 of trafficking marijuana and drug paraphernalia possession. She was also convicted in 2004 of theft.

Bevin proclaimed in a Dec. 9 letter that she "is a new woman. She has turned her life around and become a model citizen."

The former governor also spared the life of death row inmate Gregory Wilson, who was convicted in 1988 of murder. The Courier-Journal reports the trial was widely described as "a travesty of justice and a national embarrassment for Kentucky."

The paper said Wilson's defense team consisted of two lawyers, one of whom "had never tried a felony before" and a lead counsel who "had no office, no law books and on his business card, he gave out the phone number to a local tavern."

An array of other ethical woes plagued the case.

Bevin commuted his sentence to life in prison with the possibility of parole, writing that Wilson received "the short end of the justice stick. ... Regardless of the final resolution of future parole board hearings, Mr. Wilson at least deserves an equal opportunity for justice to be served."

Reached on Thursday for comment by The Washington Post, Bevin said of the pardons, "I'm a believer in second chances."

"If there has been a change and there's no further value that comes for the individual, for society, for the victims, for anybody, if a person continues to stay in," Bevin noted, "then that's when somebody should be considered for a commutation or a pardon."

During his tenure as governor, Bevin took a special interest in criminal justice reform and creating Kentucky's Criminal Justice Policy Assessment Council. At the council's first meeting in 2016, the Lexington Herald-Leader reported the panel's mission was to "study the state's criminal code ... and suggest improvements for the 2017 General Assembly to consider."

In 2017, Bevin, through an executive order, restored the voting rights of 284 people convicted of nonviolent felonies, according to member station WFPL in Louisville.

Earlier this year Bevin signed a bill that deepened the pool of people eligible to have their low-level criminal records expunged.

Beshear, the current Kentucky governor, spoke Friday with NPR and WBUR's Here & Now about his own move to restore voting rights to 140,000 nonviolent offenders who have completed prison sentences. He was asked about Bevin's slew of pardons and expressed displeasure over one case in particular.

While he didn't refer to the case by name, Beshear mentioned the pardon of Dayton Ross Jones, who pleaded guilty to the 2014 sexual assault of a 15-year-old boy. The act was captured on video and shared on social media, according to the Kentucky New Era, and Jones was sentenced to 15 years in prison in 2016.

"A young man was attacked, was violated, it was filmed, it was sent out to different people at his school," Beshear said. "It was one of the worst crimes that we have seen."

Kentucky's attorney general's office, which Beshear previously headed, prosecuted the case.

"I fully disagree with that pardon," Beshear said. "It is a shame and its wrong."

Bevin gave no explanation of why he issued Jones a pardon and commuted his sentence to time served.

Re: The law and order party

Posted: Sat Dec 14, 2019 12:35 am
by BoSoxGal
In the case of an adult raping a child, there is almost never physical evidence - because children very rarely disclose immediately following an assault. That alone is no reason to assume innocence.

This sounds like potentially an abhorrent abuse of the pardon/commutation power. I would not comment overall without knowing the facts of the cases, and I assume that the applications reviewed by the governor’s team will shortly make it to the public view. I’m definitely a fan of pardon/commutation as a tool to right wrongs in the justice system, but this sounds like something else going on, at least in some cases.

Re: The law and order party

Posted: Sat Dec 14, 2019 3:29 am
by ex-khobar Andy
One pardon that had Sanders — and many others — particularly outraged was that of Micah Schoettle. He's a 41-year-old convicted of raping a 9-year-old child last year. He was sentenced to 23 years in prison, according to the Courier-Journal.
The child victim - a 9-year-old girl, testified against him. The jury believed her.

I agree with his restoration voting rights to non-violent felons. Plenty more to go which I think the new governor will get to.

Re: The law and order party

Posted: Sat Dec 14, 2019 4:13 am
by BoSoxGal
The child rapist I put in prison was in his late 30s and his victim was 8 years old when she testified, 6 when he began molesting her and raped on her 8th birthday. Essentially the evidence was her testimony against his - his lawyer made the egregious mistake of having him testify, and he testified so badly I nearly felt guilty during cross-exam.

Testimony is all that exists in the great majority of sexual assault cases, contrary to what TV leads citizens to believe.

Re: The law and order party

Posted: Sat Dec 14, 2019 4:32 am
by Scooter
It's the CSI effect; juries have been led to believe the fantasy that a crime always leaves behind some sort of incontrovertible physical evidence, and that absence of same makes any other evidence insufficient for conviction.

Re: The law and order party

Posted: Sat Dec 14, 2019 4:43 am
by BoSoxGal
Yes, exactly. We prosecutors even have a little speech we give in voir dire in an attempt to dispel the CSI effect, which we name and explain.

Re: The law and order party

Posted: Sat Dec 14, 2019 1:18 pm
by Burning Petard
As long as this CSI effect is under discussion, there is now solid evidence that one individual human being who has had a bone-marrow transplant can shed DNA of the person who donated the Marrow, as well as their own.

And is there any solid science theory behind the assumption that every individual has a unique finger print pattern? Anything beyond 'we have never found two alike.'? Even the best statistical theory says there is good rreason to believe pure random coin flipping with a 'fair' coin could come up heads a hundred times in a row.

snailgate.

Re: The law and order party

Posted: Sat Dec 14, 2019 3:08 pm
by BoSoxGal
I know that hair and bite mark evidence has been called into very serious question by recent forensic science, and that there are serious concerns about fingerprint analysis - whether or not there is question about the assertion that each person has a totally unique fingerprint pattern.

I can also tell you that the vast majority of criminal cases don’t include any usable fingerprint evidence, the prevalence of that evidence is vastly overstated by CSI. In any situation where someone has touched something barehanded, trace DNA evidence would be vastly superior to fingerprint, anyway.

Re: The law and order party

Posted: Mon Dec 16, 2019 12:22 am
by rubato
IIR it was pointed out that the underlaying assumption fingerprinting has never been validated back in the 90s or ca. An interesting revelation.

Courts often abuse expert testimony and the science it is supposedly based on. But in a country where a major political party asserts that global climate change is not proven and large numbers believe "non-GMO foods are healthier and cell phones cause cancer, I shouldn't be surprised.


yrs,
rubato

Re: The law and order party

Posted: Mon Dec 16, 2019 8:12 pm
by Sue U
Scooter wrote:It's the CSI effect; juries have been led to believe the fantasy that a crime always leaves behind some sort of incontrovertible physical evidence, and that absence of same makes any other evidence insufficient for conviction.
BoSoxGal wrote:Yes, exactly. We prosecutors even have a little speech we give in voir dire in an attempt to dispel the CSI effect, which we name and explain.
Have you met Twitter?

https://twitter.com/BadLegalTakes/statu ... 5184515073

(@BadLegalTakes is astounding and more than a little worrisome.)

Re: The law and order party

Posted: Mon Dec 16, 2019 9:07 pm
by BoSoxGal
Sue U wrote:
Have you met Twitter?

https://twitter.com/BadLegalTakes/statu ... 5184515073

(@BadLegalTakes is astounding and more than a little worrisome.)
Image

Re: The law and order party

Posted: Mon Dec 16, 2019 9:20 pm
by Sue U
Knowing these people are in my jury pool, I am frankly relieved that now I only get bench trials in my primary field of practice.

Re: The law and order party

Posted: Mon Dec 16, 2019 9:47 pm
by ex-khobar Andy
Here's a Twitt:

Image

Er, nope. Unfortunately, these people vote.

The law and order party

Posted: Mon Dec 16, 2019 10:50 pm
by RayThom
And circumstantial evidence gets another bum rap.

I see where it works quite well in the hands of a skilled attorney.

Re: The law and order party

Posted: Tue Dec 17, 2019 1:58 am
by Bicycle Bill
Image
Image
-"BB"-