2009 GUS Live Radio Auction Items

Commonwealth Attorney Anna Melvin, her staff, and community leaders have once again united to prevent child abuse.The Growing Up Safe (GUS) organization, established by Melvin, has collected nearly 200 donations to be auctioned off during an August 15 radio auction. The fundraising proceeds will go toward medical and/or forensic needs for child victims or toward expanding a safety curriculum currently being taught through out Johnson County schools, says GUS President Shawna Howell. The curriculum, implemented either in headstart or first through third grades teaches children valuable lessons on fire safety, firearm safety, or what to do in cases of : kidnapping, physical abuse, and even sexual abuse."We never want to imagine such horrible things can happen to children" Howell says. "But we cannot ignore what crimes are occuring. The only way to protect the most vulnerable is through education."The curriculum is currently being taught or soon will be expanding into the Johnson County Headstart, Paintsville Elementary School (1-3 grades), Our Lady of the Mountain (1-3 grades), The Johnson County Christian School (1-3 grades), Martin County Headstart."We would love to see the curriculum in all Johnson, Martin, and Lawrence County Schools," Howell says. "Unfortantly, due to a shortfall in funding that is not possible at this time."If you would like to help, please participate in the bidding August 15. If you wish to bid in person, the auction will be held at the First United Methodist Church in downtown Paintsville. If you would rather call, please call 793-4003. Below is a list of items to be autioned.


BUSINESS/INDIVIDUAL
ITEM
VALUE
Pig in a Poke
Gift Certificate
$25.00
Pig in a Poke
Gift Certificate
$25.00
William's Floral
Afghan
$55.00
Paintsville Herald
One year in-county subscription
$28.50
Paintsville Herald
One year in-county subscription
$28.50
Highland Vet Clinic
Heartguard for Dogs up to 25lbs. (6 month supply)
$25.00
Autozone
3.6 v Greatneck Lithium Cordless Screwdriver
$30.00
Hallmark of Louisa
Porcelain teapot
$20
Tri County Animal Clinic - Dr. Mark Ratliff
Free Spay/Neuter Gift Certificate
$85.00
Townhill Pharmacy Louisa
6.5 Quart Oval Stainless Steel Crock Pot
$45.00
KY Farm Bureau of Paintsville
Handmade Quilt
$125.00
Ed Hazelett
Book: Jenny Wiley Country Vol. IV
$50.00
Ed Hazelett
Book: Annals of Floyd County
$25.00
Ed Hazelett
Book: Ely's Big Sandy Valley
$37.50
Ed Hazelett
Book: Life Along Big Sandy
$25.00
Ed Hazelett
Pamphlet: Four men of the Cumberlands
$3.50
Ed Hazelett
Pamphlet: Jenny Wiley
$3.50
Brenda Shepherd's Photography
Gift Certificate for portraits or services
$50.00
Kim Compton
Advanced Back Massage Pad with Robotic Massage Technology
$149.00
Big Sandy Superstore
Gift Certificate
$25.00
Howard Higgins and/or Richard Connelley DMDs--Dentist including X-rays and cleaning
Dental Exam including X-rays and Cleaning
$150.00
Advance Auto Parts - Mgr. Randal Greer
29 piece Geared Socket Set
$35.00
Evans Hardware
Westinghouse Interior Lighting Set - Oil Rubbed with Bronze Finish
$25.00
Steve Sluss
Black and Decker 114 piece Drill Bit Set
$25.00
Master's Miracle
Book - Falling in Love for all the Right Reasons
$20.00
Master's Miracle
CD-Bryan Duncan
$10.00
Master's Miracle
CD- Kendra Payne
$10.00
One Enchanted Evening Boutique
Gift Certificate-- 25 percent off any purchase
Nordin Eye Center
Gift Certificate
$50.00
Short's Farm Supply
Stihl Weed Trimmer
$199.00
Baywash - Tommy Deskins
20lbs of Laundry Washed and Folded
$25.00
Tropical Isle
100 minute of tanning
$20.00
Porkey's Pizza
$25.00 worth of pizza
$25.00
Tackett's Tire
Free Tire Balancing and Rotation
$30.00
Paintsville High School
Athletic Season Pass
$100.00
Paintsville High School
Athletic Season Pass
$100.00
Broadway Printers
500 Black and White Business Cards
$31.50
Bob Evans
Gift Card
$10.00
Subway
One Small Party Platter Feeds 6-12 people
$17.00
Fazoli's
One Small Spaghetti w/Meat Sauce Combo Meal
$7
Fazoli's
One Small Spaghetti w/Meat Sauce Combo Meal
$7
E.D. Ann's
Shampoo, Cut and Style
$22.00
E.D. Ann's
5 Tanning Visits
$20.00
Apple Valley Sanitation
Free Garbage Service for 1 year
$153.00
Auxier Greenhouse
Gift Certificate
$25.00
Paintsville Floral
Fall Wreath
$75.00
Mountain Enterprise - Buzz Tharpe
Load of #57 Gravel 24 to 25 tons Free Delivery -
$600.00
Sandy Valley Fastners
Bondhus Hawg Buddy 7 in 1 tool fold up tool set fits Harley Davidson's
$18.99
Sandy Valley Fastners
Bondhus 22 pc inches and metric set of allen wrenches
$39.99
Sandy Valley Fastners
Felo Ergonic 6 pc screwdriver set
$49.80
Taco Bell Paintsville
Gift Certificate
$10.00
Just for You Day Spa
Gift Certificate for Hair Cut
$25.00
Big Sandy News
One Year Subscription
$28.00
Big Sandy News
One Year Subscription
$28.00
Ramada Inn
2 hour Pool Party
$200.00
MeloDee Music
Mini Pedal
$50.00
Rainbow Homes
Wood Mirror
$200.00
Rainbow Homes
Framed Print Landscape
$50.00
Fashion Bug
3 bags and lipstick cases
$50.00
Brown's Ford
Oil change
$32.00
Brown's Ford
Oil change
$32.00
Johnson Central High School
Athletic Family Pass
$100.00
Johnson Central High School
Athletic Family Pass
$100.00
Big Sandy Pharmacy
Tresor Perfume by Lancome
$45
Anna Melvin
Rich Brooks Autographed UK Football
Anna Melvin
Fall wreath
$50.00
Anna Melvin
Fall Wreath
$50.00
Anna Melvin
UK Fleece Blanket 4.5 x 5
$75.00
Anna Melvin
High School Musical Fleece Blanket 4 x 5
$40.00
Sears
Galaxy Microwave Oven 700w (white)
$59.99
Sears
Holmes Compact Heater Fan
$19.99
Sears
Craftsman Gel Lite All Terrain Kneepads
$24.99
Sears
Kenmore 5 piece stainless steel barbecue tool set
$39.99
Sears
Kenmore Stainless Steel Grill Scraper/Brush
$12.99
Head over Heels - Owner Darren Hensley
Gift Certificate
$22.00
Head over Heels - Amber Vanhoose
Gift Certificate for Hair Cut by Amber
$22.00
Head over Heels - Jessica Click
Gift Certificate for Free Wax
$10.00
Family Dollar Store
Polished Silver Lamp
$20.00
Dollar Discount
8 blue vases
$10
Tailgater's Pizza - Mark and Heather Blair
Gift Certificate - One 18" Party Pizza
$19.60
Superior Carpet
7 x 15 Remanant of Carpet - Sculpted, Camel Color
$50.00 +
Superior Carpet
100 sq. ft of Laminant Wood Flooring - Honey Oak color
$100.00
Walmart
Gas Grill
$132.50
Judge John David Preston
Book, "Civil War in the Big Sandy Valley" 2nd Edition by John David Preston
$37.50
Radioshack
5.8 GHz Cordless Telephone with Caller ID
$30.00
VH Mobility
Lift Seat
$50.00
B & W
Toshiba DVD Player
$80.00
First Commonwealth Bank - Sandy Boggs
Sterling Silver Commemorative Coin Necklace - Angel
$40.00
First Commonwealth Bank - Sandy Boggs
Sterling Silver Commemorative Coin Necklace - Praying Hands
$40.00
First Commonwealth Bank - Sandy Boggs
2009 U.S. Mint Proof Coin Set
$59.00
Hillbilly Market
10 tanning sessions
$25.00
Hillbilly Pizza
1 large pepperoni pizza
$11.50
Hillbilly Pizza
1 large 5-topping pizza
$16.00
J&S
MaxCraft 52 pc Socket Set
$39.95
May's Carpet
4 x 12 Duct Size Floor Vent - Satin Nickel Color
$31.99
May's Carpet
4 x 12 Duct Size Floor Vent - Satin Nickel Color
$31.99
Arby's - Gail Grim
Arby's VIP Card for 2 free meals
$12
Arby's - Gail Grim
Arby's VIP Card for 2 free meals
$12
Arby's - Gail Grim
Arby's VIP Card for 2 free meals
$12
Arby's - Gail Grim
Arby's VIP Card for 2 free meals
$12
Patty's Green Florist
Purple and yellow flower arrangement
$18.95
Words N Stuff
CD - Mountain Swing - 15 traditional Bluegrass Favorites
All Words 'n Stuff Items valued at $50
Words N Stuff
CD - Up on the Mountain Bluegrass Collection
Words N Stuff
DVD Collection - The Best of Tracy Byrd
Words N Stuff
Cassette Tape - The Holmes Brothers
Words N Stuff
Cassette Tape - Miki Honeycutt
Words N Stuff
Cassettte Tape - Hooters
Words N Stuff
Cassettte Tape - The Jacks
Words N Stuff
Cassette Tape - Jermaine Jackson
Words N Stuff
Book - "Weeknight Grilling with the Barbeque Queens"
$14.95
Castle's Jewelry
18" chocolate pearl necklace
$49.95
Castle's Jewelry
Purple pearl bracelet
$29.95
Dewey Bocook
Hand Made Walnut Salt and Pepper Shakers
$195.00
Dewey Bocook
Letter opener, pin, magnifying glass
$100.00
Stone Crest Golf Course
4 Free Passes for Golf
$176.00
Paintsville Golf Course
4some Round of Golf with Carts
$100.00
Anna Melvin
Book - "A Bold Fresh Piece of Humanity" - by Bill O'Reilly
$26.00
Davis Market
Fruit Basket
$25
Something Old Something New
JCHS decorative tin bucket
$15.99
Something Old Something New
Paintsville Tigers decorative tin bucket
$15.99
Paul L. Pack
One Last Will and Testament
$100.00
Highlands Regional Medical Center
Mammogram Screening
$109
Highlands Regional Medical Center
Mammogram Screening
$109
Highlands Regional Medical Center
Mammogram Screening
$109
Highlands Wellness Center
One Free Month Membership
$30
Highlands Wellness Center
One Free Month Membership
$30
Skean's Marathon
Party Pack - 3 large pizzas, 2 2-liters of soda, 2 bags of lays chips
$55.00
Skean's Marathon
Party Pack - 3 large pizzas, 2 2-liters of soda, 2 bags of lays chips
$55.00
Skean's Marathon
Party Pack - 3 large pizzas, 2 2-liters of soda, 2 bags of lays chips
$55.00
Skean's Marathon
Party Pack - 3 large pizzas, 2 2-liters of soda, 2 bags of lays chips
$55.00
Tony Skeans
Book on CD - "Wisdom of Our Fathers" by Tim Russert
$19.99
Home Furniture
24 x 32 triple matted and framed predominately gold colors in frame and painting of Jesus
$99.00
Jarrell's Produce
Box of Apples
$25.00
Patco Pools
Float - Waverider Inflatable Super Jumbo Rider
$18.99
Patco Pools
Float - French Classic Silver/Blue Pool Lounger
$18.99
Patco Pools
Float - Pool Mattress Silver/Black
$18.99
The Upper Cut - Fran Jarrell
Biolage Spa Indulgences Gift Set includes: Shampoo, Conditioner, Body Wash and Hand Cream
$29.00
Meade's Jewelry
10k gold Diamond Cluster Ring
$350.00
Mi Finca
Gift Certificate
$25.00
Mi Finca
Gift Certificate
$25.00
Images by John Michael
Gift Certificate - $500.00 portrait dollars to be used to purchase your collection
$500.00
Black Barn Produce
Gift Basket
$50.00
Laura Kretzer
Gift Basket containing orange blossom dream lotion, picture frame and candy
$30
Fannin's Plumbing
Case of 100% clear silicone - contains 12 tubes
$66.00
Fanin's Plumbing
Garden sprayer
$12.95
William's Printing
$50.00 worth of copying
$50.00
Country Cottage
Brighton beaded necklace with signature heart pendant
$65.00
Fine Consigns - Stephanie Marsh
Gift Certificate
$25.00
Fine Consigns - Stephanie Marsh
Gift Certificate
$25.00
Fine Consigns - Stephanie Marsh
Gift Certificate
$25.00
Fine Consigns - Stephanie Marsh
Gift Certificate
$25.00
Lemaster's Sportscenter
Women's Nike Basketball: Size 28.5 Color: Black and Pink
$14.99
Caudill's Wholesale
Welcome Plaque
$20.00
Caudill's Wholesale
Garden Collection - Girl Pumping Water
$30.00
Caudill's Wholesale
Garden Collection - Fairy Family Planter
$30.00
Movie Gallery
Gift Card
$10.00
Melissa Fannin
Avon Gift Basket with Perfume, Lotion and Makeup
$100.00
Stella Preston
Home Interiors Crystal Vase
$40.00
Initially Yours
Gift Certificate - $50.00
$50.00
Paul B. Hall
Free Mammogram
Wildwood Video
Gift Certificate for Family Album 100 pictures or less
$100.00
H&H Paint
1 can Tudor Brown Stain
$30.00
H&H Paint
1 can White Latex Satin Finish Paint
$30.00
H&H Paint
2 cans Flat Paint - Tudor Brown
$30.00 each
H&H Paint
2 cans Flat Paint - Hemp Green
$30.00 each
H&H Paint
1 can Acri Shield House Trim Paint for Wood, Vinyl, and Aluminum
$30.00
H&H Paint
1 can eggshell wall paint
$30.00
Peeble's
Aramis Men's Umbrella -Brown with Leather Handle
$35.00
Peeble's
Aramis Men's Umbrella -Brown with Leather Handle
$35.00
Peeble's
Large Gold Metallic Purse
$55.00
Peeble's
Large Gold Metallic Purse
$55.00
Anonymous
Clifty Farms Bar-B-Q Pulled Pork - 5lb bucket
$22.00
Citizen's National Bank
24 can soft cooler on wheels
$35.00
Citizen's National Bank
24 can soft cooler on wheels
$35.00
Citizen's National Bank
Blue Fleece Blanket
$12.00
Citizen's National Bank
Blue Camping Chair
$35.00
Sheriff Bill Witten
20 x 20 gold framed fall colored print
$25
Mountain Home Place
Gift Basket with figurine, hot sauce, and candle
$30
Country Music Highway Museaum
T-shirt
$30
Country Music Highway Museaum
cup
All items from Country Music Highway Muesuam valued at $50
Country Music Highway Museaum
Loretta Lynn Coloring Book
Country Music Highway Museaum
October 2000 issue of Kentucky Monthly Magizine featuring Loretta Lynn and visitor guide
Country Music Highway Museaum
Country Music Highway Museaum DVD
Country Music Highway Museaum
Official Harmonica
S & S Signs and Banners
Gift Certificate
$25
K-Mart
26 inch Mongoose 18 speed Men's bike with element cross country suspension
$150
Tom Wyatt
Framed Print
$100
Big Sandy Outfitters
5-$5 gift certificates
$25
KFC of Louisa
2 chicken meals
$10
Sabrina Scott
Gift Basket including Mary Kay satin hands
$50
Shawna Howell
Pampered Chief gift basket including pizza stone, pizza cutter, and cookbook
$60
David Blankenship
One Last Will and Testiment
$100
Odd Fellows
Odd Fellow Cabin at Jenny Willey-cabin rental at Jenny Willey State Park (3 days, 2 nights)
$175
City of Paintsville
2-hour pool party at the Paintsville City Pool
$200
Little Caesars Pizza
2 large pepperoni pizzas
$12
City National Bank
$100 savings bond
$50
Wildcat Tire
Oil change and lube
$30
Wildcat Tire
Oil change and lube
$30
Green Jockey Design Center
Bob Abram massage from
$60.00
Merle Norman
Vera Bradley Pajama
$26.00
Merle Norman
Vera Bradley Pajama
$26.00
Monetary Donations
Jaycee's Jewels
Monetary Donation
Classic Cleaners
Monetary Donation
Jones and Preston
Monetary Donation
Foothills
Monetary Donation
Poor Boy's Gun and Pawn
Monetary Donation
Phelps and Son Funeral Home
Monetary Donation
Crace Wrecker Service
Monetary Donation
JML Exploration Company
Monetary Donation
J&L Trucking
Monetary Donation

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.