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.