EKB News: 03/20/2011

Saturday, March 26, 2011

EKB Capsule News...Kentucky...3-27-'11

Friday, prosecutors showed a Clay County jury two bows and an arrow they say Clayton Jackson used to kill Chris Sturgill in 2004 at his home in Leslie County. Jackson could face the death penalty if convicted in the deaths of Sturgill, his wife, Amanda, and their three young sons and of burning their home. Detective John Griffith's testimony will continue Monday.

Kentucky State Police in Rowan County arrested Avery Binion of Olive Hill Friday and lodged him in the Rowan County Detention Center charged with first-degree assault. Responding to a call about an unresponsive person at a home in Olive Hill, Trooper Joshua Preece went to the location and found two men who had been in a fight, although neither was unresponsive, but one had been stabbed with a small knife. Both men were sent to St. Claire Medical Center in Morehead where they were treated for minor injuries and released.

Kentucky Governor Steve Beshear vetoed a provision of a Medicaid budget bill on Friday that would have barred lawmakers from being paid during a legislative recess. Lawmakers had been caught in limbo Friday with the House adjourned and the Senate in recess, an unusual circumstance that requires the state to continue paying the salaries of all 138 members of the General Assembly even though they're not at the Capitol. Legislative Research Commission Director Bobby Sherman had ordered a hold on any further salaries and expenses associated with the special legislative session while waiting to see whether Beshear would veto or let stand language in the bill that would bar payment during a 10-day recess that would end on April 6th.

The University of Kentucky Medical Center and St. Elizabeth Healthcare are arguing over whether there's a need for another neonatal intensive care unit in the state. The units provide care such as ventilation for premature babies who are born between 28 and 32 weeks. St. Elizabeth wants to offer a neonatal intensive care unit at its facility in Edgewood, but UK officials are arguing in an administrative hearing in Frankfort that there are already too many of the units offered statewide. The Kentucky Cabinet for Health and Family Services is considering the application and objections and is expected to make a decision by late June.

On Monday, March 28, KY 292 in South Williamson will be closed between the hours of 10 a.m. and 12 noon so that a trial closure exercise can be performed at the trolley flood gate. Motorists are asked to access areas such as Turkey Creek, Appalachian Regional Healthcare, and New Camp Branch from KY 292 using the US 119 connector north of Williamson. No through traffic will be allowed during the two-hour exercise.

Daffodils blooming, redbuds flowering, orange barrels and cones popping up along roadsides – all are signs that spring has sprung in Kentucky, as the road construction season commences. April traditionally marks the start of construction season in the Bluegrass State. To emphasize the need for driver and worker safety in highway work zones, Work Zone Safety Week will be observed across Kentucky next week, April 4-9, to remind drivers of the hazards involved for motorists and construction workers alike in areas where road work is being done. The national theme for Work Zone Safety Week 2011 is “Safer driving. Safer work zones. For everyone.” Again this year, the theme for Work Zone Safety Week in Kentucky is “Slow Down, My Dad (or Mom) Works Here.” In Kentucky, events held across the state will call attention to the need for caution in work zones. This message is especially important to drivers, since around 85 percent of all injuries and fatalities in work zones are suffered by motorists. More than 40,000 people are injured yearly in work zones and thousands are killed. Last year, one fatality and 116 injuries were recorded in work zones across the commonwealth, down from nine fatalities and 140 injuries in 2009. On average, a person dies every 10 hours and someone is injured every 13 minutes in work zone accidents in America. Four out of five work zone accident victims are motorists rather than highway workers. Drivers are always urged to "Drive Smart" in work zones and be aware of workers, traffic control devices and construction equipment when traveling in areas where projects are ongoing.

Here are the “top 10” work zone safety tips.

Expect the unexpected.
Slow down.
Don’t tailgate. Keep a safe distance between you and the car ahead of you.
Keep a safe distance between your vehicle and the construction workers and equipment.
Pay attention to the signs.
Obey road crew flaggers.
Stay alert and minimize distractions. If possible, refrain from cell phone conversations while driving through work zones. Remember that texting while driving is now illegal in Kentucky.
Keep up with the traffic flow.
Schedule enough time and call 511 or go to www.511.ky.gov for Kentucky traffic and travel information. For traffic updates in the 10-county District 10 area, follow KYTCDistrict10 on Twitter or visit our Facebook page at www.facebook.com/KYTCDistrict10.
Be patient and stay calm

# posted by Homer Owens @ 9:29 PM

EKB Capsule News...West Virginia...3-27-'11

Five year old Christopher Roop was killed and his mother, Tequila Sunrise Roop, was taken to the burn unit at Cabell Huntington Hospital as the result of a house fire on Lewis Street in Chelyan, in Kanawha County, early Saturday morning.

Raleigh Circuit Court jurors in Beckley have sided with Virginia-based Massey Energy and a subsidiary, Goals Coal Co. in a suit claiming a Massey Energy coal-loading silo built 235 feet from Marsh Fork Elementary near Sundial in Raleigh County exposed hundreds of children to possible health problems, such as asthma and other lung ailments. The class-action lawsuit, which began five years ago claimed Massey and Goals Coal had created a public nuisance and demanded a court-administered medical monitoring program. To win medical monitoring in West Virginia, plaintiffs must prove they have suffered significant exposure to a proven hazard and that the exposure increases their risk of developing serious latent diseases. The plaintiffs' attorney, Kevin Thompson, said he was disappointed in the verdict and would continue to fight the coal company on other fronts.

M. Blane Michael, Circuit Judge on the U.S. Court of Appeals for the Fourth Circuit has passed away. Michael, who grew up in Grant County, served as special counsel to Jay Rockefeller during his first term as Governor of West Virginia. Michael was later nominated by President Bill Clinton and confirmed as a judge for U.S. Court of Appeals for the Fourth Circuit in Richmond, with jurisdiction over federal courts in West Virginia.

An escapee was captured at 1:00 A.M. Sunday morning. Police say 31 year old Raymond Adkins Jr. had just been arraigned on breaking and entering charges at the Lincoln County Courthouse Friday and was being escorted to a squad car outside to be transported to the Western Regional Jail in neighboring Cabell County when he assaulted a Hamlin police officer and escaped from custody. Hamlin Police Chief Chris Wilkinson says Adkins' hands were cuffed in front of his body. When outside, the officer escorting Adkins unfastened one of the cuffs and asked Adkins to place his hands behind his back to be re-cuffed for transport. Adkins punched the officer, put him in a chokehold, and wrapped the handcuff chain around his neck before eventually releasing the officer and running from the courthouse with the handcuffs dangling from one of his wrists. Wilkinson said Adkins has never been charged with or convicted of a violent crime, but he was serving time on home confinement when he was arraigned on this latest charge. He was scheduled to report to jail in a few weeks after being convicted of several other breaking-and-entering charges.

Jack Rolfe Jr., 18, of Ona, turned himself in Friday after he allegedly was seen outside the Cabell County Vocational School Thursday waving a handgun from a car. Officers say his ex-girlfriend, who attended the school, had ended their relationship. Rolfe was charged with brandishing, terroristic threats and wanton endangerment. He was lodged in the Western Regional Jail on a $15,000 bond.

# posted by Homer Owens @ 9:20 PM

Friday, March 25, 2011

EKB Capsule News...Kentucky...3-26-'11

Pikeville Police arrested 51 year old Bradford Francke, of Montana, Thursday night after he allegedly stole an ambulance parked at the Pikeville Medical Center. Questcare ambulance drivers say Francke took off after they found him sitting in their ambulance outside PMC. A short time later, Pikeville officers spotted the stolen ambulance and tried to stop it, but Francke refused to pull over, leading police on a chase. When officers caught up with him, Francke became physically combative and had to be tasered. Francke was lodged in the Pike County Detention Center.

Kentucky mine officials have confirmed 54 year old Robert. L Cook, of Inez in Martin County died in a mine accident Friday at the Czar mine, located on the Martin/Johnson County line. Preliminary reports indicate the miner was pinned by the boom of a continuous miner. This is the first mine fatality in Kentucky in 2011.

The House voted 86-2 Thursday night to accept a Senate proposal to shore up the Medicaid budget, but only after House Speaker Greg Stumbo sought and received assurance that Governor Steve Beshear would veto the spending cuts. The proposal includes cuts to most government agencies. House lawmakers adjourned until January when they’re scheduled to return for the 2012 session. Beshear vetoed portions of the bill Friday.

Lawmakers have ended a special legislative session without increasing the minimum dropout age in Kentucky from 16 to 18. First lady Jane Beshear had pressed unsuccessfully for the change, saying 16 year olds aren't mature enough to make such a weighty decision that would affect the rest of their lives. The bill, which died in the Senate, called for raising the dropout age to 17 in 2015 and to 18 in 2016, giving both students and school districts time to prepare for the change.

Thanks to federal grants, 14 high-tech companies will receive part of $4.22 million in state funds through a matching program that Kentucky offers to attract technology-based small businesses. The companies' specialties include human health and development, energy, nanotechnology, bioscience, materials science and advanced manufacturing.

Maker's Mark is about to put the seal on another commemorative bottle deal with the University of Kentucky Symphony Orchestra and Keeneland to raise money for arts education outreach. Last year, Maker's Mark produced a special fundraising bottle bearing the likeness of Kentucky men's basketball coach John Calipari for the effort. The newest bottle, which will be the final one in a series to raise money for the arts, will be unveiled Monday at Keeneland. The bourbon maker, Keeneland and the orchestra have committed to raising $1.2 million for the outreach program with the three-year series of bottles.

# posted by Homer Owens @ 11:28 PM

EKB Capsule News...West Virginia...3-26-'11

Donald Good, the man charged with the 1987 Huntington Mall rapes, was in court Friday morning attempting to have Cabell County Circuit Court Judge Alfred Ferguson recused from the case. Good has spent a lot of time in court these last few months, filing motions on everything from challenging evidence and DNA to trying to get his attorney dropped from the case. Good accused Judge Ferguson of being biased and prejudiced, but Ferguson denied the opinion, saying he doesn't feel there's any basis for it. Ferguson said he will do his best to insure a fair trial. The trial is set to begin Tuesday.

Belle Police Officer 28 year old Daniel Dodd of Charleston was arraigned Thursday for allegations of domestic battery. Charleston Police led an investigation after his wife reported that he hit her. Charleston Detective G.R. Daniels wrote in a complaint that Dodd slapped Jennifer Totten in the face three times, threw her up against the wall, then to the floor, attempted to break a cellphone and threatened her after she posted a comment on a memorial website for her late boyfriend. Dodd was a Charleston Police officer when he was charged with domestic battery when his girlfriend claimed he grabbed her by the throat during an argument in June 2007. He was found not guilty after a bench trial in January 2008. Dodd remained on paid administrative leave through at least June 2008 and was no longer with the department as of August 16, 2008. He started with the Belle Police Department in February 2010. Belle Police Chief Derrick Cox said Dodd would remain on paid administrative leave until the outcome of an administrative hearing.

Four West Virginia public housing agencies are sharing federal grants totaling more than $139,500. The U.S. Department of Housing and Urban Development announced the awards Thursday as part $54 million being shared by about 600 agencies across the nation. The funds are part of the federal Housing Choice Voucher Family Self-Sufficiency Program. The money will help link low-income families with the necessary education and job training to put them on a path to self-sufficiency. The West Virginia agencies receiving funding are the Charleston-Kanawha Housing Authority, the Clarskburg-Harrison Regional Housing Authority, the Housing Authority of Mingo County, and the Housing Authority of the City of Fairmont.

Mason County Sheriff’s Deputy Robert Glenn was fired Friday after some serious allegations from students and parents at Hannan Senior and Junior High School. Sheriff David Anthony, who provides the districts resource officers, says complaints of inappropriate conduct continue to come in accusing Glenn of using inappropriate verbal comments, including sexual harassment to male and female students.

The plan to turn a 14.6-mile segment of U.S. 35 in Mason and Putnam counties into a four-lane road isindefinitely on hold after state officials say they simply couldn't come up with the $187 million needed to build the road. A low bid on the project by Kokosing-Keiwit was allowed to expire Thursday after repeated extensions. Over the past few months, the administration of Acting Governor Earl Ray Tomblin has gone to the Supreme Court to fight for the road and backed a controversial plan to finance it, but rising interests rates have made the road nearly impossible to finance.

# posted by Homer Owens @ 11:27 PM

Thursday, March 24, 2011

EKB Capsule News...Kentucky...3-25-'11

Unseeded Pikeville College made history Tuesday night when a 83-76 overtime victory gave the Bears their first NAIA national title, and they became the first unseeded team in championship history to defeat five seeded teams. In the Mid-South Conference, Pikeville finished tied for third place, but the Bears were relentless in the tournament against a string of favored teams – including third seeded Mountain State. Pikeville beat top-seeded Robert Morris, defending national champion Oklahoma Baptist and defending national runner-up Azusa Pacific to reach the semi-finals. They then overcame a 15-point deficit against Martin Methodist to reach their overtime win. A crowd lined the streets of Pikeville and filled the Pikeville College gym Thursday afternoon to honor the team and coach that brought the national trophy from Kansas City to Pikeville.

Karen Davis, commonwealth's attorney for Metcalfe and Barren counties, says she and Metcalfe County Attorney Sharon Bowles Howard will recommend that a 15 year old boy charged with killing Gary and Barbara Holloway of Metcalfe County be tried as an adult. Under state law, there are several criteria under which a juvenile can be certified as a "youthful offender" to be tried in adult court. One is that the juvenile is over 14 and used a gun in a crime; another is that the juvenile was over 14 and allegedly committed a Class A felony. Davis says it appears as though the teen charged in the double murder falls within the youthful offender category on both points.

A Leslie County murder trial that was moved to Clay County has begun for Clayton Jackson, a man charged with the February 6, 2004 murder of Chris and Amanda Sturgill and their three children, Michael, 4, Robert, 3, and Jordan, 18 months. The jury was shown photographs of their burned-out mobile home and bodies burned almost completely to ashes, Chris Sturgill with an arrow through his chest next to a bloody mattress and the children who died of smoke inhalation. Commonwealth's Attorney Gary Gregory hinted that Jackson had or wanted to have an affair with Amanda Sturgill. Kentucky State Police Detective John Griffith, who in 2004 was investigating his first homicide, testified Thursday that Jackson's then-girlfriend, Shirley Mae Barrett approached him at the scene of the fire and asked how many bodies had been found. Public defender Barbara Carnes says there's no DNA, no fingerprints, no bad blood, fight nor argument that points to Clayton Jackson as the killer.

Jason Singleton was in court Thursday morning on 12 charges, including kidnapping, burglary, and criminal mischief, from a hostage situation in Pulaski County. Singleton was arrested in January after a standoff with police at the Super Service trucking company where he held several people hostage at gunpoint. Singleton has pleaded not guilty, and a trial date is set for July 12th.

Britt Brockman, a University of Kentucky Board of Trustees official, said Thursday he's confident the school's presidential search committee can narrow the field to three to five finalists at its next meeting April 11th. The finalists will be reviewed by the school's trustees, who hope to hire a new president in May. The committee conducted a series of initial interviews with prospects this week. Brockman didn't say how many candidates were interviewed or how many made the cut for further review. UK is looking for a successor to President Lee T. Todd Jr., who is retiring in June.

The Appropriations and Revenue Committee voted 13-5 Thursday, largely along party lines, for a bill that proposes cuts to most government services to free up money for Medicaid. A handful of government programs wouldn't be cut. That includes education, if Governor Steve Beshear's administration can achieve enough savings to make that unnecessary. The Republican-controlled Senate voted 22-15 along party lines to approve the bill. Democratic House Speaker Greg Stumbo, who rejected the proposal outright, says, "It's unacceptable. We're back at square one. The Senate just had us up here in special session, costing the taxpayers money." Lawmakers have been meeting in special legislative session since March 14th at a cost of about $64,000 a day. Stumbo said, "We're going to stay here and try to resolve something, but I can guarantee you this, it will not end up causing education to be cut."

A Pulaski County grand jury has declined to indict Deputy Danny Pevley, ruling he was justified in shooting a man who pointed a gun at him during a domestic dispute in February. Pevley was to a call reporting that James M. Lane, 38, had a pistol and was trying to force his way into a bedroom at his mobile home in the Jabez community of Wayne County, where his wife and three others had locked themselves in to take refuge from him. Pevley and Sgt. Jon Williams went to Lane's house, and Pevley went inside the house as soon as he arrived. Pevley saw Lane at the bedroom door with a .25-caliber pistol and ordered him to drop it. Instead, Lane pointed the gun at the deputy and began moving toward him rapidly. Pevley fired four shots, hitting Lane once in the chest. Lane died at the scene.

A federal grand jury has charged 39 year old Ricky Lewis Kelly of Louisville on a count of murder in what prosecutors describe as a potential death penalty case. Kelly was charged under the Racketeer Influenced and Corrupt Organization Act. Prosecutors say Lewis, helped by others, killed a woman on August 19, 2005 in exchange for payment or to promote the position of another person in a gang. Kelly pleaded not guilty in state court to the murder charges. A court date had not been set in federal court as of Thursday morning. Jefferson County Commonwealth's Attorney David Stengel said he would drop eight murder charges in state court, but has the right to refile the charges later.

The Kentucky Supreme Court voted 5-2 Thursday to uphold Franklin Circuit Judge Phillip Shepherd's order temporarily halting all executions in the state while an appeal by condemned inmate 54 year old Gregory L. Wilson is pending. Shepherd issued the order in September as the state prepared to execute Wilson for the 1987 kidnapping, rape and murder of 36 year old Debbie Pooley in northern Kentucky. Shepherd told attorneys on Monday he's considering a final opinion in the case.

An effort to raise awareness about the dangers posed by prescription and over-the-counter medications kept in the home will conclude with a free “Clean Your Medicine Cabinet Out Day” program on Thursday, March 31st. Citizens are urged to bring all unused, unwanted or out-of-date medicines to the Paintsville Recreation Center on Preston Street between 11:00 A.M. and 2:00 P.M. There is no cost. All pills will be fed to UNITE’s “Pill Dragon,” a mobile incinerator sponsored by UNITE, Eastern Kentucky PRIDE and the Kentucky Army National Guard.

The Kentucky Transportation Cabinet has awarded an additional highway improvement contract as part of its February 2011 letting. The $64,830 contract is for the installation of thermoplastic pavement markings along the KY 15 corridor in Breathitt, Perry, Powell and Wolfe counties in District 10. These include crosswalks, turn lane arrows, stop bars and other pavement markings designed to improve traffic flow and safety. A&A Safety, Inc. was the successful bidder, and the work is to be completed by November 30th.

# posted by Homer Owens @ 10:36 PM

EKB Capsule News...West Virginia...3-25-'11

The Cabell County Career Technology Center was temporarily put on lockdown Thursday after students saw the ex-boyfriend of a student driving by in his car brandishing a weapon.

A trial for Donald Good, a man accused of the 1987 Huntington Mall rapes, is scheduled to start next Tuesday. A motion's hearing will be held Friday after a motion was filed to disqualify Judge Alfred Ferguson from the case. Ferguson was appointed the case after Judge Dan O'Hanlon recused himself.

Deshawn Romail Dukes, 30, of Charleston, will spend a year in jail after pleading guilty to grand larceny for stealing $4,000 cash from Sam's Uptown Cafe, where he worked, on on April 1, 2010. In exchange, prosecutors recommended he be given the minimum sentence. He could have been sentenced to up to 10 years in prison. Dukes was ordered to make restitution to the restaurant.

Raleigh County deputies arrested Basil Young Allen, 33, of Fairdale, Jason Lytton, 33, of Beaver, and Melody Ann Stewart, 33, of Crab Orchard, on charges, including breaking and entering, grand larceny, obtaining a controlled substance by fraud, possession of a controlled substance with intent to deliver, delivery of a controlled substance and conspiracy. They're accused of robbing the Crab Orchard Pharmacy on March 6th, stealing drugs worth about $75,000 on the street.

Charleston law firm Hill, Peterson, Carper, Bee & Deitzler, PLLC has sent a "notice of claim" and a "screening certificate of merit" to Cabell Huntington Hospital, as well as Radiology Inc., showing their intent to file a class action complaint on behalf of patients who it claims were exposed to excessive amounts of radiation during CT scans of the head and neck with and without contrast between October 9, 2009 and November 23, 2010. The patients have claimed hair loss, fatigue and burning sensations in the head and neck area. Cabell Huntington Hospital says staff has contacted every patient affected by the excessive radiation by phone and mail. Cabell Huntington Hospital and Radiology Inc. have 30 days to respond, request mediation or request a more definite statement of claims before a law suit can be filed.

Jimmie Terrell, a 44 year old homeless man was taken to Charleston Area Medical Center after being stabbed in the back during a dispute Wednesday night in Elkview. Kanawha County Deputies sayTerrell and four other homeless people had been camping in tents in a rural area near 84 Lumber. Terrell was intoxicated, according to police, and angrily made threats toward the other people at the campsite while swinging a big stick. A woman stabbed him in the back with a knife to try to make him stop. Deputies found Terrell at a gas station where his friends had taken him. The woman will not be charged because of Terrell’s threats and his behavior.

Marvin Keaton, 29, of Columbus, Ohio, pleaded guilty Wednesday to possession with intent to distribute cocaine. On March 29, 2010, the Beckley Drug Unit executed a search warrant at Keaton’s motel room in Beckley and found 12 grams of cocaine approximately 54 grams of cocaine base, which Keaton admitted he brought to Beckley to sell. Keaton faces up to 20 years in prison and a $1 million fine when sentenced on July 21, 2011.

Wednesday, Michael Aaron Blankenship, 29, of Beckley admitted to selling 1.28 grams of methamphetamine to an undercover police officer in Bradley on April 22, 2010 and that he had manufactured about 30 grams of methamphetamine. He faces up to 20 years in prison and a $1 million fine when sentenced on July 28, 2011.

Tina Vance, 33, of Mud Fork, in Logan County, was sentenced Wednesday to three years probation after pleading guilty in December 2010 to selling one OxyContin 80-milligram pill to a confidential informant in exchange for $100 at her home on July 27, 2009.

West Virginia will spend $18.2 million less than what lawmakers proposed during the next budget year. Acting Governor Earl Ray Tomblin applied the line-item veto power before approving a now-$11.3 billion spending plan. Most of Tomblin's cuts to the budget bill reduce spending backed by general tax revenues. The largest amount vetoed, $5.8 million, reduces funding for the Department of Education's improved instructional programs. Tomblin deleted $5 million in one-time, surplus-funded spending for relocating the Division of Homeland Security and Emergency Management. Another veto cut $3.7 million from the Development Office's Local Economic Development Assistance program, leaving it with $3.9 million. Tomblin left intact $67 million for permanent pay raises for teachers, school workers, the elected judiciary and an array of state employees.

Members of the Cabell County Commission voted Thursday morning to give all county employees a $1,000 pay raise and to open two new deputy positions. Those are expected be filled July 1st when the budget goes into effect.

# posted by Homer Owens @ 10:07 PM

Wednesday, March 23, 2011

EKB Capsule News...Kentucky...3-24-'11

Police and family members say a troubled 15 year old fatally shot relatives who had taken him in because his mother could not control him, then stole their car and fled with a 12 year old girlfriend they had ordered him not to see. Gary and Barbara Holloway's adult son found them dead in their bed inside their home near Edmonton Tuesday. Police issued an Amber Alert, fearing the young couple might be in grave danger. Police stopped the car in Barren County after it was spotted by a volunteer firefighter. By Wednesday, the 15 year old had been charged with murder. The state medical examiner's office said Wednesday preliminary autopsy results showed 50 year old Gary Holloway died from multiple gunshot wounds and 51 year old Barbara Holloway died of a single gunshot wound.

When Republican Senator Rand Paul of Kentucky was asked about his 2012 presidential ambitions during a visit to Charleston, South Carolina Monday, his reply was, "The only decision I've made is I won't run against my dad." Rand Paul visited South Carolina and plans to hit several other key presidential primary states while promoting his new book, The Tea Party Goes to Washington, which was co-written by Jack Hunter, a Charleston-area radio host and columnist. During his Senate campaign, Paul said he was interested in elevating the Tea Party's message of fiscal conservatism and helping shape the debate on federal spending and debt reduction. He recently released a federal debt reduction plan calling for $4 trillion in cuts, which he said would generate a $19 billion surplus in fiscal 2016. Paul's plan calls for eliminating the departments of Commerce, Education, Housing and Urban Development, and Energy, repealing the health care law, removing other smaller agencies and trimming the budgets of several other agencies.

According to the Kentucky Bar Association, Williamsburg attorney 54 year old Ronnie W. Reynolds has been suspended for disciplinary reasons. Reynolds admitted to conspiring with former Whitley County Sheriff Lawrence Hodge to extort money from defendants. Court documents indicate Reynolds netted nearly $200,000 from the scheme, and Hodge received at least $113,000 in cash, forfeitures, and donations to his department. Reynolds pleaded guilty as part of a plea agreement of conspiracy to commit extortion under color of official right. If Reynolds’ plea agreement is accepted, he could face a maximum sentence of 20 years in prison. Sentencing is set for June 29th.

Senate Appropriations and Revenue Committee Chairman Bob Leeper says the Senate's plan to shore up the state's Medicaid budget is expected to receive a floor vote in a 10:00 A.M. meeting Thursday. Senate Majority Leader Robert Stivers of Manchester says the bill will incorporate some of the elements of the plan approved Monday by the House. Stivers says the full Senate could vote on the bill Thursday afternoon if it’s approved, as expected, in the morning by the Appropriations and Revenue Committee, sending it back to the House to be accepted or rejected. Unless the House accepts the Senate changes, the bill would go to a conference committee, which would try to work out a compromise.

Dr. Mary Evans Sias, president of Kentucky State University, sent a message to the campus community Wednesday regarding the death of KSU freshman student 20 year old Brittney Lewis. In the memo Sias wrote, Lewis was found unresponsive in her room in The Halls residence hall early Tuesday evening. The Frankfort EMS arrived, and Franklin County Coroner William Harrod pronounced her dead. The Kentucky State Police were called to assist the KSU Police Department in the investigation. An autopsy was performed by the Franklin County Coroner's Office Wednesday. Brittney, a native of Detroit, Michigan, was studying business administration.

Governor Steve Beshear signed into law Wednesday two bills to help protect vulnerable and elderly adults from abuse. House Bill 52 prevents people who abuse or neglect vulnerable seniors from benefiting from their deaths and bars anyone convicted of felony abuse or exploitation from serving as a legal guardian, executor or having power of attorney for that person. The measure establishes a trust fund for programs aimed at stopping the abuse. House Bill 164 puts in place procedures for adult guardians when more than one state is involved.

Former Whitley County Sheriff Lawrence Hodge, who is facing 21 charges of abuse of public trust and evidence tampering, could have his bond revoked or he could be required to undergo drug testing after the recent release of a federal affidavit that states Hodge was seen at a known drug house in Whitley County as recently as February. Hodge’s next court appearance is set for May 17th, but he could be called back sooner.

Laurel County Deputy Jailer Jack Moore has been arrested after investigators say he gave tobacco to an inmate in exchange for sex with the inmate’s girlfriend. Police used recorded phone calls and an inside informant during their investigation of Moore, who has worked at the Laurel County Detention Center for almost 3 years.

Authorities say 28 year old Michael C. Crandell of Lexington, Kentucky committed suicide with a gun after a 25-mile car chase that started when he bolted from U.S. Border Patrol agents in northern New York Tuesday afternoon. Crandell drove away from agents who were approaching his car in Mooers (morz), near the Canadian border. State police Capt. Robert LaFountain said Wednesday that Crandell drove south on Interstate 87 and left the highway at Plattsburgh, where two sheriff's deputies boxed him in with their patrol cars. Police say he then pulled a handgun and shot himself in the head. A registration check showed the car was connected to a suspect wanted for robbery in Fayette County, Kentucky.

Governor Steve Beshear has signed into law a ban on new synthetic drugs. Commonly marketed as bath salts or plant food, the manufactured drugs MDPV and mephadrone can create delusions, paranoia and sometimes violent behavior. The bill bans synthetic drugs that are designed to mimic the effects of Ecstasy and methamphetamine. Police will be warning convenience stores and gas stations about the illegal drugs to educate them about the new law. A similar ban on synthetic marijuana, also called "spice" or "K2," became law last year.

UK Wildcat linebacker Ridge Wilson is expected in court later this month on charges he violated his probation. Wilson was arrested in 2009 on a fourth degree assault charge stemming from an incident on the UK campus in which police say he got in a fight with a woman, hit her in the face and fled. Wilson was briefly suspended from the team, but he was reinstated and participated in this year's bowl game. Wilson's probation conditions include no contact with the victim, payment of a monthly probation fee and domestic violence counseling. Paperwork shows he recently did not pay the fee.

# posted by Homer Owens @ 11:01 PM

EKB Capsule News...West Virginia...3-24-'11

Davitt McAteer, who is leading up an independent investigation, requested by former Governor Joe Manchin, into the Upper Big Branch Mine explosion that killed 29 miners last April 5th, is about ready to release the findings. McAteer says some of the work left to be done is still underground, although most of the underground portion has been completed, and some work left to do is in the lab. McAteer also says they are completing the interviews of the miners and others. McAteer says the report will be finished no later than May, maybe earlier.

Boone County Sheriff's Deputy, 30 year old Justin Dalton of Madison, is off the job and under investigation. Dalton has worked for the Boone County Sheriff's Department since 2008. Sheriff Rodney Miller says he can't elaborate on the allegations since it is a personnel issue, but the conduct Dalton's accused of is not acceptable of a law enforcement officer. State police are assisting with the investigation.

The Sierra Club, the Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy environmental groups sued coal operator ICG Eastern in federal court in Elkins Wednesday over the Knight-Ink No. 1 mine, a Webster County surface mine they say has been discharging toxic selenium into streams for years. The complaint alleges violations of both state and federal law, including the federal Clean Water Act and the Surface Mining Control and Reclamation Act. The complaint also claims state regulators have been lax in cracking down on ICG, allowing discharges into Big Beaver Creek, and two tributaries, Oldhe Fork and Board Fork, at levels above those designed to protect aquatic life. ICG Eastern, which produced 2.5 million tons of coal in 2009, is a subsidiary of International Coal Group Inc. of Scott Depot.

Trial is set to begin March 29th for Donald Good, a man charged with kidnapping, sexual assault and aggravated robbery. Authorities say he abducted two women from the Huntington Mall parking lot and sexually assaulted them in 1987. Cabell County Circuit Judge Alfred Ferguson denied Good's request for a new attorney Tuesday. Glen Dale Woodall, spent five years in prison after being wrongfully convicted of the attacks. DNA tests exonerated Woodall. Good pleaded guilty in 1996 to killing a St. Albans man in 1992. He is serving a life with mercy sentence for that conviction.

Derrick Lamb, 20, and Dominique Calhoun, 19, both of Charleston, were arrested following a crash on Jackson Street on Charleston's East End early Wednesday morning. The chase began when an officer heard shots and spotted a vehicle speeding away from the area. Lamb tried to flee after the vehicle crashed into a parked car in the 1100 block of Garvin Avenue. Lamb is charged with fleeing and wanton endangerment, while Calhoun is charged with wanton endangerment. Monday, Calhoun pleaded guilty in front of Kanawha Circuit Judge Charles King to two counts of wanton endangerment for shooting up a house on Wertz Avenue. Calhoun was out on bond awaiting sentencing for that crime when he was arrested Wednesday morning.

A Logan man has been sentenced on federal drug charges. Terry Tomblin, 44, of Mount Gay, pleaded guilty in November to obtaining Hydrocodone from the Veterans Affairs Medical Center in Huntington while not telling them he was getting the same drugs from local medical providers in the Logan County area. He also signed a controlled substance agreement with the VA May 7, 2009, and did not disclose that he had received Hydrocodone from another provider on April 21, 2009. Tomblin was a patient of the Huntington VA center from April 2005 until March 2010.

Logan County Sheriff's Deputies arrested 27 year old Brandon Lanier from Columbus, Ohio after a CPS worker asked the sheriff’s department for help in doing a home visit in Amherstdale. When deputies arrived, they say Lanier ran from the residence in an attempt to escape. On the kitchen stove, deputies found a plastic baggie containing a yellowish substance that tested positive for cocaine in a pan of boiling water. Deputies say they also found money and digital scales during a search of the house. Lanier was charged with possession of a controlled substance with intent to deliver.

U.S. Senator Joe Manchin announced Wednesday in Charleston he is planning to introduce federal legislation Monday that will create a National Silver Alert Network. The Silver Alert program was established in West Virginia during the summer of 2009. It is modeled after the Amber Alert program used to locate missing children. Manchin's office estimates the program will cost $64 million over 10 years. Manchin is traveling the state as part of his "Our Values, Our Priorities" Week. He is scheduled to make stops in Gassaway on Thursday and in Morgantown and Fairmont on Friday.

Kanawha County Sheriff's Deputies arrested 19 year old Wesley J. Taylor of Clendenin Tuesday after he went to the home of 86 year old Eugene Taylor with three rifles and began pointing the weapons at him and pulling the trigger. Eugene Taylor called police to report he was being threatened by a family member with a rifle. When deputies arrived and announced themselves, they heard Wesley Taylor loading what turned out to be a .300 Savage rifle. Wesley Taylor, who also had a .22 caliber rifle and a .50 caliber muzzleloader at the house, told deputies he was high on Wild Irish Rose, methamphetamines and "bath salts" when he went to the house. He also claimed to be a member of the military and working for the CIA, both of which are not true. Wesley Taylor was charged with wanton endangerment, along with escape for escaping from the police cruiser after he was arrested.

Acting Governor Earl Ray Tomblin has vetoed a DMV fee hike bill. Tomblin concluded it violated the U.S. Constitution's protection of interstate commerce because it included language that would provide a fee limit only for in-state auto insurers. Tomblin also cited an increase in State Road Fund revenues in rejecting the bill. The measure aimed to hike an array of fees to raise nearly $40 million annually for the road fund. Tomblin said the improving economy has led to an increase in vehicle purchases and other activity that generates road fund revenue. He also cited the fragile recovery as another reason for Wednesday's veto.

Warrants have been issued for the arrest of two men in Raleigh County. Police say Albert L. Kidd Jr., 36, and Chester Ray Hensley, 30, were reported as escapees after failing to return to the Beckley Correctional Center after an Alcoholics Anonymous and Narcotics Anonymous meeting Monday. Kidd was referred to the work release program from Kanawha County, where he was convicted of 13 counts of forgery and uttering. Hensley was referred from Putnam County, where he was convicted of breaking and entering.

Wednesday, the West Virginia Supreme Court dismissed a lawsuit that sought to bar Acting Governor Earl Ray Tomblin's pay and perks over claims he's improperly serving in the office. New Martinsville lawyer H. John Rogers filed a lawsuit last week, saying the Constitution calls on Tomblin to act as governor by signing legislation and handling other duties, but does not make him acting governor and thus entitles him to hourly pay at best. The Supreme Court ruled that Rogers did a poor job supporting that position and hadn't presented a factual case. Rogers responded with a hand-written motion asking the court to reconsider. In his motion, Rogers noted that legislation that includes $15,000 pay raises for the five Supreme Court justices is awaiting Tomblin's signature. "Consequently, it would appear that this honorable court may have the 'appearance' of conflict," Rogers said.

# posted by Homer Owens @ 10:55 PM

Tuesday, March 22, 2011

EKB Capsule News...Kentucky...3-23-'11

KSP Post 13 in Hazard is investigating an armed robbery that occurred Monday, March 21st, at the Mayking Dollar General Store. Police say a male subject, wearing dark clothing and a ski mask, entered the store and made off with an undisclosed amount of cash. The suspect, described as approximately 6 ft. in height and weighing about 180 lbs., was seen driving away in a dark colored two door passenger car.

A committee looking for the next University of Kentucky president began interviewing candidates behind closed doors Tuesday. Including Tuesday, the search committee is meeting for three days at the Cincinnati Airport Marriott, a hotel near the Cincinnati/Northern Kentucky International Airport at Hebron. UK board of trustees Chairman Britt Brockman says several candidates will be interviewed. The search for a successor to Lee T. Todd Jr. is reaching a crucial phase. Todd announced in September he'll step down when his contract expires in June. UK trustees hope to consider presidential finalists in April and extend an offer in May. The search is expected to remain closed to scrutiny until trustees agree on a preferred candidate, who would meet with the public before signing a contract. Brockman said the committee told the candidates UK's level of commitment to becoming a top 20 research university is "not a choice — it's a mandate."

The Kentucky State Police Electronic Crime Branch has arrested Jace Short, 18, of Grethel, Ky. as the result of an ongoing undercover Internet Crimes Against Children (ICAC) investigation. Short had been seen sharing images of child sexual exploitation and a search warrant was executed at his residence with the assistance of KSP Post 9 in Pikeville. He was charged with Possession of Matter Portraying the Sexual Performance of a Minor and Distribution of Matter Portraying the Sexual Performance of a Minor. Short was lodged in the Floyd Co. Detention Center. The investigation is continuing.

Senate Appropriations and Revenue Committee Chairman Bob Leeper says he wants to move quickly on a compromise that would shore up the state's Medicaid budget, but he doesn't know how long it may take to finish work on the proposal approved by the House on Monday. His committee is scheduled to meet at 10:00 A.M. EDT Wednesday to discuss the proposal. The House wants to transfer funding from next year's appropriation to balance this year's Medicaid budget, then balance next year's budget by privatizing additional Medicaid services, with cuts that would kick in only if the privatization doesn't work. The Senate has been pressing for across-the-board cuts to all agencies.

Lisa Gilliam, the wife of former Laurel County attorney Larry Gilliam, who was found shot in his London office in January, has been arrested and charged with his murder. Gilliam turned herself in to police around 11:00 A.M. Tuesday morning after an arrest warrant was issued for the murder of her husband. According to police, Gilliam and his wife Lisa, were the only two present when the shooting occurred. The facts surrounding the shooting were presented to the Laurel County Grand Jury on March 14th, and an indictment was returned four days later. Gilliam was taken to Saint Joseph-London Hospital where he was later pronounced dead. Gilliam has bonded out of jail. Her bond had been set at $100,000.

Tuesday, former Whitley County Sheriff Lawrence Hodge once again appeared in court accused of taking money from drug dealers, pocketing money from his office and falsifying records. Hodge was indicted in state court on charges of stealing $350,000 from his office, and has pleaded not guilty. An affidavit from an agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives alleges a drug dealer paid Hodge $1,000 to $1,500 a month to avoid investigation by the sheriff's office. The affidavit says Hodge routinely cashed checks from his department's drug and alcohol fund before weekends, holidays, out-of-town trips and his wife's birthday. An employee questioned by federal agents says Hodge used the drug fund to pay informants and make drug buys. But Hodge's chief deputy, Timmy Shelley, told agents he never participated in a drug buy using informants since joining the force in 2003. Another worker told federal agents the department's financial records were often short and "she would have to falsify paperwork in order to balance" the accounts. Hodge will be back in court in May.

The Judicial Conduct Commission has filed misconduct charges against a Harlan County circuit judge, alleging a variety of misdeeds that could force him from office if proven. The judicial panel said Judge Russell Alred had tried to discredit Harlan County Judge-Executive Joe Grieshop by ordering a grand jury investigation into alleged drug trafficking in his office. The panel also charged Alred had required criminal defendants last year to donate $500,000 to the Harlan County Fiscal Court to pay for a water park.

Tuesday, U.S. District Judge Charles R. Simpson III rejected arguments from Karen Cunagin Sypher, saying there's no new evidence that would warrant granting her second request for a new trial. Sypher was convicted in August of extortion, lying to the FBI and retaliation against a witness. Prosecutors said she sought millions in cash, cars and a house from Louisville basketball coach Rick Pitino to stay quiet about a one-night stand at a Louisville restaurant in 2003. On February 18th, Sypher was sentenced to more than seven years in federal prison. She has remained free since then. Sypher is appealing the conviction.

Tuesday, Governor Steve Beshear signed into law 9 bills that will help and honor Kentucky veterans, from helping with deployment costs to providing a preference for veterans in state hiring. Beshear was joined by legislators and Kentucky veterans as he signed the bills into law during a bill signing ceremony at the Frankfort VFW Post 4075.

Dale Baich, an Arizona public defender, is joining attorneys from Georgia and Kentucky in calling on the Justice Department to investigate how the states acquired sodium thiopental, a key lethal injection drug that is in short supply in the U.S. Baich called for the probe because Arizona bought supplies of sodium thiopental from Dream Pharma, a British company that some defense attorneys have described as a fly-by-night operation. Public defender David Barron, attorney for Kentucky death row inmate Ralph Baze, asked for an investigation on how the state got its supply. Barron wrote, "It is likely that illegally imported or possessed thiopental will be used in the execution of Mr. Baze and multiple other individuals on Kentucky's death row."

A second suspect in the killing of a man and the burning of his body has accepted a plea deal in Covington. Patrick Cooke of Covington pleaded guilty Monday to facilitation to murder, first-degree robbery and tampering with physical evidence. The 26-year-old Cooke also agreed to testify against others in the beating and strangulation killing of Shawn Davis in January 2009. The commonwealth is recommending Cooke be sentenced to 25 years in prison. He would be eligible for parole after serving half of the term. Mary Ann Hartbarger pleaded guilty in January to a reduced charge and Samantha Mayes is discussing a plea deal. The commonwealth wants the death penalty for Marion Lawson Parker III, whose murder trial is scheduled for August 9th.

Parents of children with disabilities will have an opportunity to express concerns regarding their children's education at a public hearing hosted by the State Advisory Panel for Exceptional Children. The public hearing will be held at 6:30 P.M. EDT Thursday at Natural Bridge State Resort Park in Slade, Ky. Education leaders, professionals and interested citizens also are invited to advise the Kentucky Department of Education's Division of Learning Services on issues regarding the education of youth with disabilities.

# posted by Homer Owens @ 10:42 PM

EKB Capsule News...West Virginia...3-23-'11

Richmond-based James River Coal Co., which operates mines in Kentucky and Indiana, says it's planning to raise approximately $512 million selling debt and common stock. The deals include 6 million shares worth roughly $137 million. Separately, the company aims to raise $125 million selling convertible notes and $250 million selling senior notes. Documents filed Monday with the Securities and Exchange Commission show James River plans to spend the money on its pending acquisition of International Resource Partners and marketing subsidiary Logan & Kanawha Coal. Charleston, W.Va.-based International Resource Partners operates nine underground and surface coal mines in southern West Virginia and eastern Kentucky. The company's mines produced 1.9 million tons in 2010.

Lamar Jackson, 31, originally from Detroit, was killed in a stabbing in a home on Rural Avenue in Huntington Tuesday morning. Police arrested Ciesha Shana Brown, 20, of Huntington and charged her with first degree murder. Brown was arraigned in magistrate court and denied bond. She is due back in court March 31st.

Thomas Harrah, 45, of Seth, a former Upper Big Branch Mine foreman, has been charged with two felonies in connection with the federal investigation of the mine. The two-count information charges Harrah with making false statements to an FBI investigator with the Mine Safety and Health Administration, as well as making a false statement on a form required by the Federal Mine Safety and Health Act. According to court documents, Harrah performed foreman’s duties at UBB from January 2008 to August 2009, and he signed examination reports, despite the knowledge that he was not qualified to do so. Each count against Harrah carries a maximum penalty of five years in prison and a $250,000 fine.

Cable company Suddenlink has filed for damages from NTELOS and FiberNet. The filing claims NTELOS misrepresented how the company would conduct business after it acquired FiberNet and that FiberNet has interfered with Suddenlink’s ability to conduct business with customers and potential customers in West Virginia. FiberNet has made claims against Suddenlink that the company denied in the filing.

The state Supreme Court has canceled an April 15th filing deadline in a legal case brought by New Martinsville lawyer H. John Rogers seeking to bar Acting Governor Earl Ray Tomblin from being paid to act as governor. Tomblin became Acting Governor when Joe Manchin stepped down in November to become a U.S. Senator. Rogers contends the Constitution calls on Tomblin to act as governor, not to assume the post and its $150,000 annual salary and perks until a replacement is elected. Monday, the court said the matter is ready for consideration without additional filings.

Tellis Larry, 30, of Millwood, in Jackson County, was sentenced to 44 months during a hearing in U.S. District Court in Charleston Monday. He was arrested on January 30, 2008 following a traffic stop in Ravenswood where police seized approximately 21 grams of crack cocaine from his vehicle, which he admitted he intended to distribute in and around Jackson County. Larry pleaded guilty in December 2010 to a one-count information charging him with possession with intent to distribute a quantity of cocaine base. The sentence will run consecutively with a June 2010 conviction of first-degree sexual abuse.

Christopher Cunningham escaped from the custody of the Charleston Work Release Center on March 11th when signed out for work but never returned. Cunningham was captured by the Mercer County Sheriff’s Department Tuesday in Princeton.

Jett Alan Wilcher of St. Albans was in Kanawha County Circuit Court Tuesday charged with exposing himself and public masturbation. Wilcher had allegedly been spotted by parents outside Weimer Elementary in St. Albans a few times when the students let out and one person said she saw him exposing himself and masturbating near her car. Wilcher plead not guilty on two misdemeanor indecent exposure charges.

Acting Governor Earl Ray Tomblin said Tuesday he's signed legislation reducing the sales tax on groceries. Beginning January 1st, consumers will pay 2 percent on each $1 worth of food purchased. Currently they pay 3 percent. Tomblin says the measure will let consumers keep about $26 million annually.

The West Virginia Attorney General's Office says, since the state Supreme Court revised its appeals process, its workload has spiked, and additional staff has been hired to handle the workload. New rules adopted by the court late last year require responses to every appeal, even if the justices decide not to hear a case. Deputy Attorney General Barbara Allen says, between December 1, 2010, and early February, the office wrote about 81 responses to criminal appeals. That's as many as in all other months of 2010.

The Obama administration may need to call for an expansion of the debt ceiling later this spring to avoid potential defaults on the national debt. The Treasury Department estimates the current debt ceiling of $14.3 trillion will be reached by May 31st. During a speech at the University of Charleston Monday, U.S. Senator Joe Manchin said, until Congress adopts a viable, long-term plan to reduce the nation's deficit, he will oppose any future votes to raise the federal debt ceiling. Manchin said we must get our fiscal house in order.

The state-funded Chemical Alliance Zone trade group wants to raise the pay of its director, Kevin DiGregorio, from $90,000 to $144,000 a year, a proposal that has drawn criticism from at least two of the nonprofit's board members. DiGregorio, who has served as director of the South Charleston-based group since 2007, now gets paid for 2 1/2 days of work each week. DiGregorio has requested to increase his time to four days per week, which would raise his salary to $144,000. He also has asked the board to pay him $12,000 annually for health benefits, bringing his total compensation package to $156,000 a year. Kanawha County Commissioner Dave Hardy, who serves on the Chemical Alliance's executive board, and board member John Maher, director of the Marshall University Research Corp. and former Chemical Alliance Zone director, have voted against the pay hike. Hardy says the organization has two employees and a $200,000 budget.

# posted by Homer Owens @ 8:52 PM

Monday, March 21, 2011

EKB Capsule News...Kentucky...3-22-'11

The House voted 94-4 Monday evening to pass a bill that would shore up the Medicaid budget without making any immediate cuts to other government services. The proposal gives Governor Steve Beshear's administration until August 8th to avoid cuts by privatizing additional Medicaid services. Beshear had proposed that portion of the plan, saying his administration could save $425 million by entering into contracts with managed-care organizations. If Beshear is unable to achieve the necessary savings, potential cuts could kick in on October 1st for most government agencies. Health and Family Services Secretary Janie Miller assured House lawmakers Monday that the privatization plan would save enough money to fill the budget gap in the program that serves more than 800,000 elderly, disabled and poor Kentuckians. The four “No” votes were cast by Republicans. Senate Majority Floor Leader Robert Stivers, R-Manchester, said the House compromise got passed quicker than Sherman went through Georgia.

Sara George with the Kentucky Department of Highways says road construction has begun to rebuild part of Highway 292 in Martin County and could take six weeks. A section of the highway collapsed into the Tug Fork of the Big Sandy River on February 12th. The road began to crack after flooding in July 2010. Construction is also underway on a dangerous stretch of road in Perry County where crews are widening the road and installing a guardrail off a 200 foot section of 451 in Yerkes. Last year, 84 year old Jessie Young died after driving off the road and into the river below. The road will be closed during the day until construction is complete. Officials say that could be later this week.

Stephen Todd Delph, 37, of Hazard, entered a guilty plea to an amended charge of second-degree assault Monday. He also entered guilty pleas to the fleeing or evading police and wanton endangerment charges. Delph was indicted in November on charges that he severely beat Christopher Roberts, during an altercation on October 10, 2010. According to the indictment, Delph kicked Roberts in the head several times with steel-toed boots and nearly struck him with a vehicle. Delph was on parole at the time of the incident. In addition to his prison sentence, Delph will also be required to pay restitution in the amount of $15,000. He is scheduled for formal sentencing on April 28th.

Former Rand Paul volunteer Tim Profitt, who is accused of kicking liberal activist Lauren Valle during a U.S. Senate debate in October, was back in court Monday. Profitt has asked a judge to dismiss a misdemeanor assault charge he faces. Profitt argues he was justified under a state law that allows the use of force "in defense of a third person." Profitt's attorney Michael Dean says Profitt was protecting Paul. Fayette District Court Judge Kim Wilkie gave attorneys 10 days to submit additional documents. Wilkie says he will make a ruling on the motion to dismiss sometime after that.

The Lois Reeves, a woman killed in a car crash in January, has filed a wrongful death lawsuit against the owner of a horse involved in the accident. Reeves' car hit a horse that was in the middle of KY 52 in Estill County. Her daughters say the owner's negligence led to Reeve’s death. Reeve’s daughters are seeking damages and court costs.

Brent Burke, an Army sergeant at Fort Campbell, is on trial charged with murder in the killings of his ex-wife, Tracy Burke, and her former mother-in-law, Karen Comer, at Comer's home in Rineyville. Burke's son, Ian, who was 4 years old at the time, testified Monday that on the night of the shooting in September 2007, he was in bed, woke up and "Brent shot Momma Tracy." Burke has had three previous trials on the two murder charges. Mistrials were declared during three previous court proceedings.

Friday, Governor Steve Beshear signed into law House Bill 34, a bill that allows county coroners, with permission from their local government, to place lights and sirens on their vehicles. The new law, which takes effect on June 8, 2011, will not only allow for quicker response to crime scenes, but also alert drivers of those working along the roadway as part of a fatality investigation.

Preliminary statistics indicate 10 people died in 10 separate crashes on Kentucky’s roadways from Monday, March 14th through Sunday, March 20, 2011. Eight of the victims were traveling in motor vehicles. Three were not wearing seat belts. One of the fatalities was riding a motorcycle and not wearing a helmet. One was operating an ATV. One of the fatalities was the result of a crash involving alcohol. Single-fatality crashes occurred in Adair, Bracken, Caldwell, Christian, Clay, Floyd, Hardin, Henderson, Rockcastle and Scott counties. Through March 20th, preliminary statistics indicate 125 people have lost their lives on Kentucky roadways during 2011, four fewer than reported for this time period in 2010.

Bills passed by the General Assembly in this year's regular legislative session will take effect on June 8th. The attorney general's office issues an official opinion each year setting the date Kentuckians become subject to new laws. Assistant Attorney General James M. Herrick said in the opinion released Monday that the effective date is 90 days after final adjournment of the session. Lawmakers passed more than 100 bills and resolutions in the legislative session that ended on March 9th. Among the most high-profile was a measure that allows optometrists to perform some uncomplicated eye surgeries now reserved for ophthalmologists. Passage of that bill drew a lot of attention because optometrists had been prolific financial contributors to the campaigns of state lawmakers.

Cumberland Falls State Resort Park is looking for help with spring cleaning and is offering free lunch, T-shirts and door prizes to volunteers. The 2011 PRIDE Spring Cleanup Kick-Off is set for 10:00 A.M. to 2:00 P.M. EDT Saturday. The Kentucky Parks Department says groups, individuals and businesses are welcome to help pick up trash at the park or along Kentucky 90. Safe areas will be provided, and registration starts at 9:00 A.M.

# posted by Homer Owens @ 10:51 PM

EKB Capsule News...West Virginia...3-22-'11

Walter Hudnall, 67, of Fraziers Bottom, in Putnam County, was found unresponsive in his cell at the South Central Regional Jail early Monday morning. Hudnall was arrested on November 11th on first degree murder charges and was being held without bond after being accused of starving his mother, 86 year old Helen Louise Hudnall, to death. Helen Hudnall was taken to Charleston Area Medical Center General Hospital on February 14, 2009 after police say she was found lying in her own urine and feces. She died on March 7, 2009. Hudnall was set to go on trial April 18th.

The Wayne County Sheriff’s Office confirms the two victims killed Saturday afternoon on Route 52 near Prichard when their truck was hit by train, while crossing the tracks at a private road, are Jess Endicott Sr., and his son, Jess Endicott Jr.

Jury selection was underway Monday in the first-degree murder trial of Brian Woodson when he pleaded guilty. He was charged in the fatal stabbing of Johnnie Doctor who was found last August on the steps of the AFL-CIO building on Leon Sullivan Way in Charleston. The prosecution will push for mercy when Woodson is sentenced, which would make him eligible for parole in 15 years.

Huntington Police are investigating after 41 year old Randy Perkins was attacked by three suspects at about 1:00 A.M. Monday morning on Upper Union Street in Huntington. Perkins told officers he heard someone attempting to break into his girlfriend's house, and, when he went outside to check it out, he was confronted by three suspects wearing ski masks and dressed in all black clothing. Perkins was taken to St. Mary's Medical Center after being repeatedly hit in his arms with a baseball bat and cut in his face with a knife before the suspects fled the scene.

Lorie Ann Taylor-Keller and Nakia Keller of Fulks Run, Virginia, were scheduled to stand trial in May for the fatal shootings of a West Virginia family. Chief U.S. District Judge Glen E. Conrad issued an order Friday pushing the trial back until next year after Taylor-Keller's lawyers requested the delay, citing several issues, including a superseding indictment that makes it a potential death penalty case. The couple is charged with crossing state lines in October 2009 to kill Taylor-Keller's ex-husband, 36 year old Dennis "Chip" Taylor, Taylor's wife, Allaina Taylor, and her 5 year old daughter, Kaylee Grace Whetzel, at their home in Hardy County, West Virginia. Investigators believe the victims were shot execution style, and that a fire was started to cover the crime. Deputies say Lorie and Chip had been in a "bitter" custody battle over their children.

Michael Leon Calhoun, 45, of Charleston, a former Charleston cab driver pleaded guilty in Kanawha Circuit Court Monday to one count of first-degree sexual abuse, admitting he had sex with a female acquaintance against her will after she had been a passenger in his cab last July 2nd. As part of his plea deal, two counts of second-degree sexual assault were dropped. Calhoun faces up to five years in prison when sentenced June 9th.

Kanawha Circuit Judge Jennifer Bailey has permanently barred two out-of-state lawyers and their company from doing business in West Virginia. The office of Attorney General Darrell McGraw had sued Illinois lawyer Robert K Lock Jr., New York lawyer Philip M. Manger, and their company, CCDN, LLC, which was also known as Credit Collections Defense Network, alleging they were engaged in unlawful debt settlement activities in West Virginia, and neither lawyer was licensed to do business in West Virginia. Bailey imposed a $130,000 civil penalty against each defendant and also imposed $21,985.15 in restitution for consumers who paid CCDN but did not get significant debt settlement services in return.

Twenty-two year old Joshua J. Ware of Canton, Ohio, a former student teacher at Philip Barbour High School in Philippi, West Virginia, was arraigned Friday on two felony counts of sexual child abuse by a custodian or person of trust. He's accused of using the Internet to solicit sex from two underage female students. Investigators say they discovered Ware was soliciting online sex from the girls after a student indicated Ware was having inappropriate online chats with his sister. Authorities were looking into a report that a student had hit Ware.

Kanawha County Commission President Kent Carper is looking to cut the in-house drug-testing program at the county's Day Report Center, an alternative sentencing program that allows offenders to check in and receive job training and counseling while also being drug tested. The center started about five years ago, and while the county has been doing the drug testing in-house only since last August, Carper says the county is losing money because of the low number of screenings done at the center. A large majority of those sentenced to the Day Report Center are on probation, and the state Supreme Court requires that a laboratory in Richmond, Virginia perform testing for all offenders that are on probation. All but 10 of the 125 offenders at the Day Report Center are on probation. Don Searls, director of the center, says, although testing offenders at the center started out as a good idea, the current volume of tests performed doesn't justify the costs.

Macy's plans to break ground April 15th for a $150 million distribution center in Martinsburg that's expected to employ 1,900 full- and part-time workers. The 1.3 million-square-foot facility, which will be located on about 92 acres in the Cumbo Yard Industrial Park, will fill Internet orders for Macy's in the eastern United States. Berkeley County Development Authority executive director Stephen Christian says Macy's expects the facility to be fully operational by May 2012. Christian says more than 2,000 construction jobs will be created.

The Logan Area Coalition Against Substance Abuse will meet at 6:00 P.M. Tuesday March 22nd at the Greater Mount Zion Baptist Church in Holden. The meeting will include experts in the substance abuse field who will identify problems and talk about solutions while sharing their ideas and concerns with the public.

An Interstate 64 bridge in Huntington is being named the Jeffrey P. Ball Memorial Bridge in honor of an engineer who designed numerous bridges in several counties. Jeffrey P. Ball was a construction engineer for the state Division of Highways who died in August 2010.

# posted by Homer Owens @ 8:40 PM

EKB News