Monday, December 8, 2008

Burglar beware

The DNA you leave at a crime could put you behind bars
In the past, DNA was mostly used to solve violent crimes, such as homicides and sexual assaults. But as DNA testing has advanced, it's being used more often to solve property crimes, such as burglaries, auto thefts and larcenies.
"Probably the reason it wasn't is the early types of DNA testing you needed a lot more sample," said David Coffman, chief of forensic services at the FDLE's Tallahassee Regional Operations Center. "A lot of burglary cases were not suitable for DNA testing because there literally wasn't enough sample to test."
In 2007, the FDLE's Pensacola crime lab identified suspects in 70 burglaries using the state's DNA database.
Source: www.pnj.com
Austin police using DNA to solve thefts
More than a decade after DNA testing became one of law enforcement's best methods for solving violent crimes, Austin police have joined a small group of police departments that use it to crack routine property crimes.
DNA evidence such as saliva or drops of blood have helped Austin police crack otherwise hard-to-solve cases.
"When we first started hearing about DNA, I didn't expect it would be used on crimes like this," said Detective Michael Sanford "But we are always looking for as much evidence as we can get."
Police say they have submitted DNA evidence from about 50 property crime scenes in the city this year — a tiny percentage of the roughly 38,000 property crimes reported — and identified 10 suspects by comparing it with DNA profiles in a national database of criminals.
Source: www.chron.com

"Doctor Shopper" Receives Probation Drug seeker's bogus stories don't add up.

by: Sarah Collett
In August of 2007, police responded to an injury complaint on Clays Mill Road. Patrol officers located Sarah Collett, age 55, who claimed to have been pushed out of a moving vehicle. The officers noted she had no injuries or damage to her clothing, and further investigation revealed that Collett and another individual had been at an area hospital demanding prescriptions for painkillers. When their demands were refused, due to multiple prescriptions being filled for them recently, they became disruptive and left the hospital. Collett was cited and released.

Prosecutor Lori BolingIn early July of 2008, Lexington police were summoned to another area hospital regarding a suspect who was displaying "drug seeking" behavior, and again met Ms. Collett. She was again trying to obtain a prescription for painkillers, and denied having sought any other medical treatment. Investigation showed that Collett had been treated at other area hospitals and had a current prescription for pain medication. Collett, who was a fugitive from her earlier charge, was arrested and transported to the Fayette County Detention Center.
Criminal records show that Collett has 11 prior convictions, including Public Intoxication, DUI, Giving a Police Officer a False Name, Theft, Possession of Controlled Substances, and Attempted Prescription Fraud. She pled guilty to two counts of Attempting to Obtain Controlled Substances by Fraud and was sentenced to two years, probated for five years.

Task Force Formed to Crack Down on Burglaries & Thefts in Lexington

Burglaries and thefts from cars have increased dramatically in the past 3 1/2 months in Lexington. To combat this trend, the Lexington Police, Fayette County Sheriff and Commonwealth's Attorney have joined forces to crack down on the criminals who commit these crimes.

"We know two things about repeat offenders - when they are on the street, they commit crimes, and when they are incarcerated, they don't!"
Ray Larson, Fayette Commonwealth's Attorney The creation of the 12 person Task-Force was recently announced by Mayor Jim Newberry, Chief Ronnie Bastin, Sheriff Kathy Witt and Commonwealth's Attorney Ray Larson.

The Task Force is made up of Lexington Police and Fayette County Deputy Sheriffs and cases are reviewed by prosecutors from the Fayette Commonwealth's Attorneys Office. So far, 127 people have been arrested and $56,000 in stolen property has been recovered. "Rather than simply reacting to crimes, we, in Lexington, have chosen to be proactive and aggressively pursue these criminals who prey on our citizens," said Ray Larson, Fayette Commonwealth's Attorney.

Jury recommends maximum sentence for repeat drug trafficking offender

LOUISA (11-04-08) – A Lawrence County jury has sent a strong message that drug trafficking will not be tolerated by recommending a repeat offender should spend at least 20 years in jail.Rachel Blackburn was found guilty of two counts of first-degree trafficking in a controlled substance and of being a persistent felony offender after a one-day trial held Monday, November 3.Final determination on how long Blackburn will serve is up to Lawrence County Circuit Court Judge John David Preston when Blackburn appears for final sentencing on December 12.The 46-year-old Lawrence County resident sold Morphine pills to an informant working for Operation UNITE on two occasions in March 2007. At the time of the sales she was on probation for a second-degree trafficking in a controlled substance conviction on March 21, 2006.Blackburn was part of a six-month undercover investigation into the sale of Morphine, OxyContin and Hydrocodone pills in and around Lawrence County that ultimately led to the indictment of 24 people. On August 30, 2007, UNITE detectives along with state and local law enforcement officials conducted a roundup of those suspects.Downstairs from where the prisoners were being processed a press conference featuring the director of Kentucky’s Office of Drug Control Policy, the state Inspector General and Fifth District Congressman Harold “Hal” Rogers was held to draw attention to the “devastation of drugs” in the region and value of partnerships to combat the problems.At the time drugs were purchased, Blackburn was living at the Southland Plaza trailer court in Louisa. At least two other individuals sold drugs from that residence during the investigation and were wanted as part of the roundup.Blackburn was not present when officers came calling just after daybreak.Among those who were present, however, was 24-year-old Joshua Sleasman, Blackburn’s son, who unsuccessfully attempted to flee apprehension by escaping through a trap door. Four people at the trailer – Amanda L. Bowen and Karen D. Webb, both of Louisa, and Barbara K. Jude and Jamie C. Jude, both of Inez – were charged with trying to hinder Sleasman’s arrest.Sleasman was charged with two counts of trafficking in a simulated controlled substance, two counts first-degree wanton endangerment, and one count felony theft by unlawful taking. He received a five-year sentence after pleading guilty to the charges on March 20, 2008, and is currently out on four years probation.After the roundup, Blackburn fled across the Big Sandy River to neighboring Fort Gay, West Virginia, where she remained a fugitive until her arrest on May 21, 2008.Blackburn declined to accept a plea agreement offered by Assistant Commonwealth’s Attorney Melissa Fannin and chose to face her peers in a jury trial.After viewing the evidence, it took jurors only a few minutes to return with a guilty verdict and recommend the maximum 10 years on each count with the sentences to run consecutively.The jury then deliberated on whether Blackburn was a persistent felony offender. They found her guilty and recommended the maximum of 20 years on each. It will be up to Judge Preston to decide whether she will serve these sentences at the same time or consecutively.Blackburn was remanded into custody and taken to the Big Sandy Regional Detention Center until her sentencing.A third suspect from the home wanted in connection with drug trafficking was 26-year-old Wilben Maynard. He also managed to avoid arrest on charges of first-degree trafficking in a controlled substance and trafficking in a simulated controlled substance until September 22, 2008. Maynard is scheduled back in court for a pre-trial conference on November 14.All but one person indicted as part of the 2007 drug investigation have been arrested.

Story is taken from Operation UNITE's website

Paintsville woman pleads guilty in sex case

09/24/2008 - PAINTSVILLE — A Paintsville woman originally charged with working in complicity with her husband to rape, sodomize, and sexually abuse three young girls accepted a plea deal with prosecutors and pleaded guilty Friday to lesser charges.Florene Stambaugh, 37, pleaded guilty in Johnson Circuit Court to two counts of criminal abuse and one count of perjury. The latter charge is in connection to false testimony she gave during her husband's trial earlier this year.In exchange for her guilty plea to the charges, the commonwealth's attorney's office recommended an eight-year prison sentence, which includes five years on the first count of criminal abuse, two years on the second count and one year on the perjury charge.Johnson Circuit Judge John David Preston scheduled formal sentencing for Oct. 17.Florene Stambaugh; her husband, Larry Stambaugh; and another man, Larry T. Hayden, also of Paintsville, were indicted in October 2007 on various sex-related charges involving children.In March of this year, Hayden, 30, pleaded guilty to first-degree rape with forceful compulsion, two counts of first-degree sodomy with forceful compulsion, and two counts of sexual abuse. He was later sentenced to 10 years in prison.Hayden was accused of raping a girl under the age of 10 for over a year beginning from Aug. 1, 2006, until Aug.13, 2007.Following a trial in July, Larry Stambaugh was convicted on four counts of sexual abuse involving three minor girls. He had been charged with rape, sodomy and sexual abuse, but the jury found him guilty of only the sexual abuse charges.The jury recommended a 40-year sentence, but Judge Preston later lowered the sentence to 20 years after Stambaugh's attorney argued that a state statute sets the maximum penalty for sexual abuse at 20 years.Prosecutors claim Florene Stambaugh lied during her testimony at her husband's trial, and a local grand jury later indicted her on a perjury charge.

Commonwealth Attorney to appeal lowing of Stambaugh's sentence

08/20/2008 - PAINTSVILLE — Prosecutors plan to appeal a judge's ruling Friday to reduce the sentence of a Paintsville man convicted of four counts of sexual abuse.Assistant Commonwealth's Attorney Tony Skeans says he plans to appeal Larry Joe Stambaugh's reduced 20-year prison sentence.On July 22, a Johnson County jury recommended that Stambaugh, 43, of Sixth Street, serve 40 years behind bars on four counts of sexual abuse.Stambaugh and his wife, Florene, were accused of working in complicity with each other to rape, sodomize, and sexually abuse three young girls. The ages of the victims at the time were 9 years old, 5 years old, and 14 months.Skeans argued that an addition in 2006 to Kentucky's Revised Statutes increased the penalty a serial sex offender could serve. But Stambaugh's attorney, David Porter, claimed a statute that has been in existence longer sets the maximum penalty for sexual abuse at 20 years.Skeans noted that there is no case law that shows the recent addition to the law has superiority over the older statue."The Commonwealth is asking that you (Johnson Circuit Judge John David Preston) sentence Mr. Stambaugh in accordance with the jury's recommendations of ten years to serve on each of the four counts of sexual abuse," Skeans said. "This is a situation where this offense sets well within that amendment of that statute that says if there are two or more victims then the sentences are to run consecutive. I don't think this is an issue whether or not they are to run consecutive…What is the Commonwealth here today for more importantly is whether or not that subsection is aggregated with the previous subsection, which sets the max at twenty years… I think it is the intention of legislature that a serial sex offender can serve more than 20 years. I think there is no sentencing cap. Unfortunately, there is no case law on this subsection. The Commonwealth maintains this is what the jury wanted. This matter is going up on appeal and this would make for a heck appeal issue. Let the Supreme Court tell us what this subsection means."Porter agreed that Stambaugh's sentence is an issue."I think that if there is a question (regarding sentencing) it has to fall in favor of the defendant," Porter said in response. "I would ask the court to look at this. It is definitely an issue."Porter argued even though that there is a subsection that could allow for a longer sentence, the law also still specified a 20-year prison cap."I have read this carefully. I have thought about it. There may be an issue whether the appellate courts will look at the statutes' authority," Judge Preston said. "Reading the two together I think what I will have to do since (the recent statute) does not repeal the (older statute) I have to read the two together and give meaning to both of them and find that consecutive term can't exceed the 20-year term, and that is my ruling."In an earlier ruling, Judge Preston also denied Stambaugh's motion for a new trial.Porter had claimed prosecutors manipulated witnesses and failed to disclose all evidence to the defense.A response filed by Assistant Commonwealth's Attorney Kim Compton says Porter "mischaracterized" the prosecution.Compton said prosecutors never manipulated witnesses; instead she says the Commonwealth only attempted to limit the scope of the child victim's testimony at trial after the judge ruled some evidence inadmissible."The Commonwealth then had to take the appropriate steps to limit the child's testimony in accordance with the Court's ruling. Now the defense cries 'foul' when the Commonwealth attempted to limit the child's testimony concerning hundreds of counts of rape, sodomy, and sexual abuse, spanning two years or more," the response says.Speaking in regards to allegations of withholding information of taped recordings of Florene Stambaugh coaching the children into making accusations against Larry Stambaugh, prosecutors say the only tapes they are aware of is ones of Larry Stambaugh threatening to kill Florene Stambaugh and the children if they ever told what was happening."I think as it relates to the Commonwealth's preparations of its witnesses I think it is the Commonwealth's responsibility to prepare their witnesses," Preston said in his ruling. "As far as the bias from the jury. Yeah, there probably is some bias from the jury. I think that it probably relates to the type of charge against your (Porter's) client. I would expect that if we put 12 people in the jury box read the indictment. The Commonwealth would present no evidence and the defense would present no evidence. You would still get three or four to vote guilty just based on the indictment alone."Referencing earlier arguments from Porter that one of the Commonwealth's witnesses—Larry Stambaugh's wife, Florene Stambaugh—committed perjury, Preston said, "There is no doubt she committed perjury.""She would probably swear on direct today is Friday and then on cross swear today is Monday," Preston said. "But the jury observed her … at some point she obviously lied. The grand jury has indicted her for perjury. I think it's one of those things that a jury takes into account. In this case, Florene Stambaugh in a span of ten minutes gave two totally different stories. Other than that I don't see any specific grounds for a new trial so I will deny that motion. You (Porter) can take it up with the Court of Appeals."Public Defender Howe Baker has said he and Melvin are still negotiating a plea deal concerning Florene Stambaugh.

Tuesday, September 9, 2008

GUS Auction a huge success

The Growing Up Safe (G.U.S) auction held in downtown Paintsville in August was a huge success, earning several thousand dollars to be used toward the prevention of child abuse and/or neglect.
The annual auction is spearheaded by Commonwealth's Attorney Anna Melvin, her staff, and local community leaders, in a effort to make the Big Sandy region a safer place for youth.
Melvin, who began G.U.S. in 1995, with the help of former Victims Advocate Sara Hopson Blair, wishes to send a special thanks to all of the businesses and individuals who donated time, merchandise, and/or monetary donations toward making the August 2008 GUS auction a successful one.
Those who donated toward the event are as follows:
  • Bib Evans
  • Fazoli's
  • H&H Paint
  • Capital Tire
  • Subway
  • Superior Floor Covering
  • StoneCrest
  • Charley's Grilled Subs
  • Ramada Inn
  • Master Miracle
  • The Paintsville Herald
  • Mr. Detail
  • Sparetime Bowling Alley
  • Farm Bureau Insurance Company
  • May's Carpet
  • Matt Skeans
  • E.D. Ann's Beauty Salon
  • J&S
  • Fannin's Plumbing
  • Ferguson Enterprises
  • Patco Pools
  • Auto Zone
  • Sandy Valley Fasteners
  • The Pawn Shop
  • The Upper Cut
  • Fields' Cutlery LL Sales
  • Cindi's Sewing
  • Big Sandy Furniture
  • Poor Boys Pawn Shop
  • Jessica Goble
  • Patty's Green Florist
  • Skean's Marathon
  • Johnson Central High School
  • B&W
  • Paintsville Tourism
  • Fleet Pride
  • Caudill's Wholesale
  • Sears
  • Country Cottage
  • Tasty Temptations
  • Dawahare's
  • KaleidoScoops
  • Just 4 You Day Spa
  • Jenny Lynn's Scrub and Embroidery
  • Retty Lynn's
  • Family Bank
  • Paul B. Hall Medical Center
  • Wildwood Video
  • Paintsville Park
  • Citizens National Bank
  • Words N Stuff
  • Initially Yours
  • BB&T Bank
  • S&S Signs
  • Brenda Shepherd's Photography
  • Advance Auto Parts
  • City Barber Shop
  • Nordin Eye Center
  • Porkey's Pizza
  • Wildcat Tire
  • Giovanni's Pizza
  • Paintsville Lake
  • Fiesta Place
  • Paintsville Lake Marina
  • Eddie Hazelett
  • Movie Gallery
  • Highlands Regional
  • Cox Auto Parts
  • Peebles
  • Harley Davidson of Prestonsburg
  • Honda of Prestonsburg
  • Short's Farm Center
  • Castle's Jewelry
  • Karen Blair
  • V-H Medical
  • Ponderosa
  • Dollar Store (Apple Tree Plaza)
  • Mountain Enterprises
  • Sallee Ann Holbrook
  • Vicki Rice
  • K-Mart
  • Wal-Mart
  • The Big Sandy News
  • The Movies
  • Images by John Michael
  • Odd Fellows
  • David Blankenship
  • Auxier Greenhouse
  • Sabrina Scott
  • Paintsville Country Club
  • The Golf Shoppe
  • Baywash Coin Laundry
  • Tropical Isle
  • Paintsville High School
  • Maggards Furniture Store
  • Dr. Howard Higgins
  • Paintsville Auto
  • Apple Valley Sanitation
  • UK Athletics
  • Ferrell Gas
  • American Standard
  • Johnson County Glass
  • Jorge's House of Ribs
  • Conley Tire
  • East End Pizza
  • Shoney's
  • William's Floral
  • Conley Bros. Tire
  • Elizabeth Skeans
  • Sudden Link
  • Johnnny Lemaster's Sportscenter
  • Tackett Tire
  • The Rusty Hinge
  • Mid-America College of Funeral Services
  • Jones-Preston Funeral Home
  • Classic Cleaners
  • Conley Brothers
  • Crace and Sons Wrecker Service
  • Foothills
  • Adam O'Bryan
  • Kim Compton
  • JML
  • Phelps & Son Funeral Home

Friday, September 5, 2008

Legislative update 2008

Domestic Violence Funding

In light of devastating cuts to the Commonwealth's social services budget, Kentucky's fifteen domestic violence programs (shelters) were rellieved to find that their state funding was not reduced. Unfortunately, flat state general fund dollars are coupled with a significant decrease in revenue from marriage license fees; a loss in federal funding: and, as the economy worsens, a drop in private giving to domestic violence programs. This loss in funding paried with the ever-increasing costs of providing shelter and services--twenty-four hours a day, seven days a week--has resulted in a statewide, immediate operating deficit of over $800,000 dollars--forcing programs to cut staff and reduce services to victims.

New Laws

News laws approved during the 2008 regular session of the General Assembly went into effect on July 15, 2008 . Two bills that were of particular interest to KDVA were SB 58 and HB 161.

SB 58 increases penalties for those who torture dogs or cats

KDVA, at the request of the Humane Society of the United States, appeared before the Senate Judiciary Committee on behalf of this bill because of the clear link between abuse of pets and violence in the home. Seventy-one percent of pet owners entering domestic violence shelters report that their partners have threatened, injured or killed family pets. Under SB 58, causing physical injury to a dog or cat as a result of torture is a Class A misdemeanor that carries up to a year in jail, while causing serious physical injury or death is a Class D felony punishable by 1-5 years in prison.
KDVA has long been a supporter of the anti-bullying legislation. Although the Senate Judiciary Committe significantly revised HB 91 requires local school authorities to alert law enforcement when harassment at school involves a potential felony. Yearly reports on school harassment will be made to the Department of Education and the Legislature.
Regrettably, HB 161 introduced b y Representative Rob Wilkey, as well as a similar legislation introduced by Senator Ray Jones (SB 108), failed to pass the legislature. Both of these bills would have expanded the protective order statue to allow persons who are dating or have dated, but who have never lived together, and do not have a child in common, to petition for protective orders. These bills would have also expanded the warrantless arrest statute to cover persons in a dating relationship.

This article was taken from the Kentucky Domestic Violence Association Summer 2008 Newsletter

Economic Empowerment Project helps 73 participants buy assets

Three years of sharing a cramped public housing apartment with her young children convinced Myriam Ibanez she needed to buy her own home. She enrolled in KDVA's Individual Development Account program and, with the help of Barren River Area Safe Space (BRASS) staff members, improved her credit score and saved $6,000--enough money for a down payment. The only problem was Myriam didn't earn enough income through her part-time job at a day care center to make a monthly mortgage payment.
That's when BRASS staff members Erin Pearson and Karla Trujillo stepped in. They helped Myriam write a resume and urged her to look for full-time employment. With their encouragement, Myriam enrolled in a certified nursing assistant training program. Her full-time job at a Bowling Green nursing home, along with her children's child support, meant she and her three children finally could afford their own home.
The family moved into the three-bedroom, two bathroom frame house on a well-maintained street in Bowling Green earlier this month. The $100,000 house sites on an acre of land in a neighborhood of newly constructed homes. Myriam said the home will make life better for her children: Marina, 11 months, Paula, 8, and Daniel, 12.
" I could buy this house because I got a better job," Myriam explained. "It's a really nice neighborhood, and my yard is big enough for my children to play." Myriam is one of 39 people who have purchased homes with the help of KDVA's IDA program. Thirty others have used their IDAs to go to school and four have used them to start small businesses. Nine home purchases are pending. About 200 participants are enrolled.
IDAs are restricted, matched savings accounts and every dollar a participant saves is matched 2 to 1. Participants who maximize the program finish with a $6,000. Participatns must haved earned income and meet income requirements. All participants are required to attend financial literacy classes, meet monthly with their case managers, and, if necessary, pay down debt and improve their credit scores.
Myriam was referred to BRASS through the court system. She met Karla when she began attending a group for Hispanic domestic violence victims. When Erin showed up one day to recruit IDA participants, Myriam was first in line. Myriam took less than two years to save her $2,000, and participataed regularly in all her case management meetings and financial education classes, Erin said. She worked hard to pay down her debt and tapped the IDA Emergency Fund to help pay a $400 past-due debt.
Karla helped Myriam write a resume, and both advocates talked to her about her intersets and helped her decide to seek a job with a nursing home that paid her to become a certified nursing assistant. Myriam, who has a green card, was born in Columbia, so Karla, who speaks Spanish, sometimes helped out during case management sessions. Erin said it took them four months to convince Myriam that she could improve her living standards. "The hardest part was building her confidence," Erin said. "Once we got through that, then we started focusing on how we were going to increase her income."

This article was taken form the Kentucky Domestic Violence Association Summer 2008 Newsletter.

Monday, August 25, 2008

Commonwealth's Attorney Office Attends Conference

From August 19th, 2008 through August 22nd, 2008 the staff of the Commonwealth's Attorney Office for the twenty-fourth circuit attended the annual Prosecutor's Advisory Conference held this year in Lexington Kentucky. For the first time in recent years all attorneys were able to be in attendance and received valuable training to continue to perform their duties to the 24th Circuit. Commonwealth Attorney Anna D. Melvin along with Assistants Anthony Skeans, David Blankenship, Melissa Fannin and Kimberly Compton and Commonwealth Detective Eddie Hazelett received training in the prosecution of child sexual abuse, training in dealing with computer related crimes, as well as various instruction in consitutional issues.

Thursday, August 14, 2008

Fairchild Convicted in 2006 Murder of Former Constable

07/11/2008 - PAINTSVILLE --- A jury's recommendation Wednesday of a 20-year prison sentence for a man convicted of the 2006 murder of former Johnson County Constable James Mollette was a far less penalty than what he had offered to accept in exchange for a guilty plea just days before.

The day before he was scheduled to stand trial Monday, Christopher Darrell Fairchild, 24, of Stambaugh, had offered to plead guilty in exchange for a 30-year sentence, Mollette's son-in-law, Jack Shreeve of Indiana, said in an interview prior to the jury's recommendations.
Shreeve acknowledged, however, the family rejected the plea deal. He declined to comment any further on the proposed offer.

"We have been waiting two years for this (trial)," Shreeve said. "I have known James (Mollette) for about 15 years ever since I married his daughter. He was a good man. They (Fairchild and co-defendant Tommy Lee Baldridge Jr.) didn't need to do what they did to him. He would have given his shirt right off his back. Everyone loved James."

Evidence was presented over a three-day trial that Fairchild, in complicity with Baldridge, shot and slit Mollette's throat on Sept. 25, 2006, and then robbed him of his wallet, two jars of coins, and a green Honda Rubicon four-wheeler.

Defense testimony centered on negative associations with Mollette being an accused drug dealer.
Shreeve worried Mollette might be remembered by the community for all the wrong reasons.
"He was an ex-constable who served Johnson County," he said. "I never saw him dealing drugs."
Following over three hours of deliberations Wednesday, a nine-woman, three-man Johnson Circuit Court jury returned a guilty verdict against Fairchild on charges of murder/complicity, theft by unlawful taking over $300 complicity, complicity, and tampering with physical evidence complicity, receiving stolen property over $300 complicity.

Following his conviction, Fairchild wept and repeatedly covered his face as he wiped his tears.
After retreating to closed doors again for about two hours as part of the penalty phase to review evidence of a prior robbery conviction against Fairchild, the jury recommended 20 years on the first charge, one year each on the second and third charges, and two years on the fourth charge.
Each of the jury's recommendations was the minimum penalty Fairchild could serve under state sentencing guidelines. He had faced life without the possibility of parole or life without the possibility of parole for 25 years.

The jury also recommended that Fairchild's sentences run concurrently — at the same time — for a total of 20 years.

He must serve 85 percent of his sentence, making him eligible for parole in about 17 years, officials said. He is expected to be sentenced July 14 in accordance to the jury's recommendations.

A status conference is also set for July 14 in an assault and persistent felony case against Fairchild.

Just a day before Mollette's murder, Fairchild is accused of severely beating Sixth Street resident Patricia Kimbler. The case had been set for trial the same day as the murder trial was scheduled to begin.

Baldridge, who had cooperated with police following his arrest on murder charges and testified against Fairchild, had previously pleaded guilty to a 25-year prison sentence. In accordance to that plea deal, Baldridge must serve 20 percent of his sentence, making him eligible for parole after about seven years.

A sentencing date has not yet been set for Baldridge.

Prosecutors attributed Fairchild's conviction to law enforcement's cooperation.

"The case has been a testament to what can happen when all law enforcement agencies work together …Without the corporation between the Kentucky State Police, the Johnson County Sheriff's Department, the Paintsville Police Department, Mr. Mollette's murder may have never been resolved and most definitely would not have resulted in the conviction," Assistant Commonwealth's Attorney Tony Skeans said.

James C. Gibson, Fairchild's Frankfort-based public defender, declined to comment; however, during the penalty phase of the trial he said "we are disappointed with the verdict, but we respect it."

During his closing statements, Gibson reminded the jury that on Monday morning, he had said "if this trial were a movie, they would call it The Tommy Baldridge Story."

"To convict Chris, you have to believe Tommy, but you can't because he is a liar," Gibson said.
During Baldridge's testimony, he said he and Fairchild went searching for ginseng and later ended up at Mollette's Boons Camp residence. Baldridge said Fairchild had carried a .50-caliber black powder rifle to sell to Mollette.

Baldridge said he was instructed to wait near Mollette's ATV while Fairchild went inside to sell the rifle, and later he heard a noise and then a gunshot. The next thing he said he saw was Fairchild on Mollette's porch holding a gun to his head and telling him that if he didn't cut Mollette's head off with an axe, he would be lying next to Mollette's body.

Baldridge said he went into the residence and used the axe to chop Mollette's neck "a few times," but he did not actually decapitate him as Fairchild allegedly had instructed.

Baldridge said he and Fairchild later rode Mollette's four-wheeler across Spicy Ridge, where Fairchild met up with his now-wife, Alisha Gamble. James King, a resident of that area, and Bryant Lafferty, who worked near the same location, testified they saw Fairchild enter a vehicle and Baldridge leave on the ATV. Baldridge said he rode the stolen four-wheeler to a BP station and used some of the money he claimed Fairchild stole from Mollette to purchase cigarettes. Later, he and Fairchild hid the ATV under Fairchild's former grandparents home on Ky. 3, he said.

Baldridge said they then went to a drug dealer's home and used a portion of the proceeds from the robbery and murder of Mollette to purchase 42 Lortab.

"To find Chris guilty, you have to believe Tommy, who said he was afraid after his friend forced him to cut Mr. Mollette's head off. (But Tommy) would stay with Chris that whole time and not report the information to police," Gibson argued. "Why wouldn't he get away? But he didn't' get away, he went and bought dope. You heard VanHooses testify when he and Chris were at their house buying drugs, he kept knocking on their door, telling Chris to 'hurry up let's go party!' Is this a guy who just saw a murder and had been threatened? . . . Keep that in your mind, 'Hurry up let's go party!'

"You can't believe what he (Baldridge) has said. He was bought and paid for by the commonwealth's deal," Gibson said, adding that Baldridge was bound by the plea agreement to testify to the "same story" he told following his arrest.

During the trial, Skeans offered to allow Baldridge to change his story and still keep the deal, but he refused, saying he was "telling the truth."

Skeans, who tried the case jointly with Assistant Commonwealth's Attorney David Blankenship, said he wanted to clear up something Gibson had said.

"You don't have to believe what Tommy said to convict Chris," Skeans said. "His story doesn't' make sense ... He wants you to believe that he was an innocent lamb led to the slaughter much like Chris wants you to believe. No one in this case, possibly not even Mr. Mollette, was an innocent lamb. During voire dire, one person said if you live by the sword you die by the sword."
Fairchild had testified in his own defense that it was Baldridge who killed Mollette and then robbed him.

Fairchild admitted knowing the items were stolen and said he had placed socks on his hands as he helped hide the four-wheeler. He also confessed to purchasing pills with the proceeds of Mollette's homicide and robbery.

"The truth isn't in either of Chris's or Tommy's testimony," Skeans said. "This isn't just The Tommy Show. It's the Chris and Tommy Show. Chris Fairchild knows his way around the world of drug dealing. The world of pills, pot, back stabbing, double dealing — it's a common place. We don't get to pick our victim or witnesses. This is Chris Fairchild's world, not ours."

Skeans said there was one crucial statement made by Fairchild in court Tuesday that "kept running through" his mind because it is "contradictory" to his other statements.
Fairchild testified he didn't learn of Mollette's death until the day after the murder; however, he says otherwise in tape-recorded jail phone conversations admitted as evidence.

"The reason why they (police) never found the axe I got mad and threw that God d**** hatchet over the hill," Fairchild said. "He (Baldridge) said you better shut up. I'd tell you (Fairchild) done it."

Skeans argued that Fairchild obviously knew Mollette had been murdered almost immediately after they left Mollette's home, not several days later.

"That was an important misstatement," Skeans said.

Switching the roles around, Skeans said Fairchild's story also doesn't make sense.

"When he (Fairchild) found out that his friend (Baldridge) killed his buddy dope dealer, who gave him dope on credit, instead of running to get away from Tommy, he let him stay at his house for 48 hours," the prosecutor said. "When Chris couldn't get away from the DNA on a sock recovered from Mr. Mollette's four-wheeler, he had to come up with a story. He told you (the jury) he wore the socks on his hands to keep from leaving his prints on the stolen ATV, but you heard testimony from Bryant Lafferty that he saw the two men on the ATV as they fled from the murder scene, and Tommy was the only one wearing the socks. Why wouldn't Chris want to wear socks on his hands while he was riding the four-wheeler to prevent leaving prints? Because he and Chris were really wearing the socks to prevent leaving prints at the murder scene. They may not have meant to kill him. If you deal in the drug world, things can turn bad."

"At the end of the day, this is a very simple case. All the evidence supports on September 25, 2006, Chris and Tommy together went to Mollette's house and robbed and killed him. Tommy is an outsider in the drug world, as testimony supports. Mr. Mollette wouldn't take new customers as Chris has testified. Mr. Mollette and Tommy didn't know one another. Chris would have to buy the drugs from Mr. Mollette and then give some to Tommy. James Mollette was found dead in his house. His girlfriend, Dorraine Mullins, said Mr. Mollette wouldn't even let her in his house but only once a week. Do you think he would have let a clearly armed man that he didn't know in his house as Chris has suggested? No. They were together before, during and after his murder, and both got the proceeds of the robbery. Who got the most valuable proceed, the four-wheeler? Fairchild. This is the Chris and Tommy show. I ask that today you hold both parties accountable for their actions."

Lawrence County Drug Kingpin Gets 26 Years

06/20/2008 - LOUISA - A Louisa woman convicted in March on drug charges was found guilty of additional charges following a trial Monday in Lawrence Circuit Court.


Rose Johnson was arrested and charged in August 2007 in 10 separate felony cases involving eight counts of first-degree trafficking a controlled substance, five counts of first-degree trafficking a controlled substance, and one count of third degree trafficking a controlled substance.


At the time of her arrest, police found 130 pills, an assortment of morphine, hydrocodone, methadone, Valium and several types of anti-depressants along with $1,422 in cash.


On Monday, a circuit court jury found her guilty of trafficking with intent to sell, possession of a controlled substance, third-degree trafficking and persistent felony offender. The panel recommended a 26 year prison sentence, including 10 years for the first charge, five years for the second charge, 12 months for the third charge and 10 years for the fourth charge.


The sentence is to run consecutively with the seven-year term she received earlier this year. Formal sentencing is set for July 11.


An informant worked closely with UNITE in the purchase of the drugs from Johnson, authorities said.


Brent Flowers, Johnson's attorney, stated in his closing argument to the jury that his client was "not a major drug dealer."


"Yes, they found pills on her, and yes, she admitted to being a druggy, but that is all," Flowers said. "She is not guilty of trafficking. I ask that you, as the jury, demand proof that she was actually guilty of these charges. Ask the commonwealth to show you where she is actually passing the pills and also if they knew that Rose sold the pills, why were all three women that were present searched?"


In her closing arguments, Assistant Commonwealth's Attorney Kimberly Compton said evidence presented, during the trial was "more than sufficient" to convict Johnson.


"... if everyone who had ever been arrested on drug charges needed a video to be convicted, then no one would ever be convicted," Compton said. "I ask the jury to use common sense. If Rose Johnson did not sell the informant drugs, then how did she end up with the buy money in her bra? You can see here on the tape that he (the informant) asked specifIcally for two purple morphine pills, and at that time Johnson removed them from her bra and took the money. The informant no more than walked in and asked, 'What do you have, Rose?' when she proceeded to tell him. Mr. Flowers proceeds to say that the amount of money that Rose had on her at the time is not a sufficient amount to be named a big-time drug dealer, but you have to ask yourself, ladies and gentlemen of the jury, with Rose living on a fixed income of only $600 a month, and two of the pills she sold the informant having a street value of $25 apiece, where does the money come from to purchase them?"


Following the trial, Sheriff Garrett Roberts said Johnson's conviction is a "clear message to drug dealers that if you're going to sell, then you are going to go to jail and receive the strictest punishment that the law will allow."


"The citizens will no longer tolerate this in their community," Roberts said.


Eight additional cases against Johnson are pending.


by Cory Graham, Big Sandy News

Johnson County Safe Night a Big Success

06/18/2008 - PAINTSVILLE --- "Super," "awesome," "fantastic" and "exciting" were just a few words some students used to describe the 10th Annual Safe Night held Saturday at the Paintsville swimming pool and sponsored by the DATA group.

But two teenage friends perhaps said it best.

"Safe Night Rocks!" Jason Dalton said. "There's nothing any better in Paintsville."

"It's the best thing to keep kids off drugs," Ryan "Pinky" Pennington added.

Safe Night targets students' in grades six thru nine and gives positive alternatives to send a clear message that they can have fun without drugs or alcohol.

Before dropping their children off, parents were provided with pamphlets noting the damaging effects of alcohol, drugs, and tobacco on the body and the community.

At the event, about 300 students from around the region participated in a wide array of games and activities, including swimming, dancing, and hula-hoop contests.

The winners chose from televisions, bicycles, CD players, CDs, fishing poles, basketballs, sleeping bags, and various other prizes.

"It's not often we get this many kids together for the same purpose — to stay away from tobacco, drugs, and alcohol," Paintsville Mayor Bob Porter said. "You can see how excited they (the kids) are about it. They remember about this event all year long. It is well attended every year…It's the only one of its kind."

One of the founders of DATA (Drug, Alcohol, Tobacco Awareness group), Fred Nelson, said Safe Night began as a national event, but has since dwindled away.

"Safe Night has been so successful here in Paintsville," Nelson said. "We're the only ones still left doing them."

The DATA group, a non-profit volunteer-based organization, was organized in 1998 and works to reduce drug, alcohol, and criminal activity in Johnson, Martin, and Lawrence counties.

The group was co-founded by Nelson and Commonwealth's Attorney Anna Melvin. Other members are Leann Wheeler, Rev. Larry Blair and his wife Karen, and Sara Blair.

"Others contribute their time to the organization," Nelson noted.

When asked why the group was organized, Melvin said, "Because we saw a need to make parents and children aware of the negative effects of drugs and the increasing significance of it in our community…I think all parents want good things for their kids. This (Safe Night) is a good thing. Kids must follow the rules. There are no weapons, no arguments, no drugs or alcohol, It's all safe…I am so thankful that we have enough volunteers to make this happen."

Melvin said the DATA group and Safe Night were formed because of a community effort.
When asked if she sees children at the event win prizes that they otherwise wouldn't have if not for Safe Night, Melvin said "even though we live in a society when even the poor have everything, I enjoy making children happy with what little bit we do."

Paintsville Police Chief Bill Holbrook, who was on hand with members of the Johnson County Sheriff's Office to allow children to walk a line wearing "drunk goggles," said "the uniting of law enforcement agencies, the city, Melvin, and community leaders provides more resources for the area."

"It's great that everyone comes together for this event, and its obvious the kids enjoy it."

Friday, June 6, 2008

DNA Evidence Helps Wrap-Up Unsolved Homicide Case

JACKSONVILLE, FLORIDA --- Detectives with the Jacksonville Sheriff's Office say they've found the killer of an 79-year-old man.
Around 10:30pm on May 12th, 2005, 79-year-old Rolando Chang had gone to enjoy a cigar near the pool at the Three Fountain Apartments in Jacksonville. A short time later, the elderly man was shot and killed, then robbed of his wallet.
Homicide detectives and cold case teams have spent the past three years trying to connect someone to the crime, and this past Thursday, they made an arrest.
DNA evidence taken from the victim's pocket matched 19-year-old Jerry Smith, who also had a burglary arrest in 2006. Smith was taken to the Jacksonville Sheriff's Office headquarters for questioning, where he admitted to partial involvement in the deadly crime. Smith said Chang was the target because of his advanced age.
Smith was a juvenile at the time of the incident, but he's being incarcerated in the Duval County Jail as an adult. He faces murder and armed robbery charges.