Kentucky Law Review

CRIMINAL: SCOKY clears ways for child killer's execution

From Kentucky.com:

Top Ky. court clears way for child killer's death

The Kentucky Supreme Court cleared the way Thursday for the execution of a child killer who asked to be put to death so that delays would not "drag out the misery" for himself and his victims' families.

Marco Allen Chapman, 36, could be put to death as early as next month if no further appeals are filed. The court issued only a brief order to set the execution in motion and did not explain its reasoning.

"I say we should go ahead and get it over with and done," Chapman told a judge in a separate hearing in Lexington on Thursday. "I should be able to do what I want to do and go ahead and have the execution put forth."

Chapman filed an affidavit last year asking that public defenders not be allowed to file additional appeals because he wants to be executed for the murders of 6-year-old Cody Sharon and 7-year-old Chelbi Sharon in the northern Kentucky town of Warsaw in August 2002.

Background info on Marco Allen Chapman from state correction's web site listing of death  row inmates:

CHAPMAN, MARCO ALLEN, DOB 9-4-71, was convicted of murder, 2 counts; attempted murder, 2 counts; rape I; burglary I; robbery I and PFO II.  He was formally sentenced on 12-14-2004 to death. In the early morning of August 23, 2002, Marco Chapman murdered a 7-year old girl and a 6-year old boy in their home in Warsaw, Kentucky (Gallatin County).  Both the children's throats had been slit and they had multiple lacerations and stab wounds on their bodies. Their 10-year old sister played dead after being stabbed several times.  The children's mother's hands were bound with duct tape and she was tied to a bed frame.  She was raped and stabbed in the chest with a knife that broke off in her chest.  She was later stabbed with a larger knife and left for dead.  After stabbing the victims, Chapman burglarized the home and left the scene.  He was arrested later the same day by state police in West Virginia.  He received a change of venue from Gallatin Circuit Court to Boone Circuit Court.

CRIMINAL: SCOKY clears ways for child killer's execution

From Kentucky.com:

Top Ky. court clears way for child killer's death

The Kentucky Supreme Court cleared the way Thursday for the execution of a child killer who asked to be put to death so that delays would not "drag out the misery" for himself and his victims' families.

Marco Allen Chapman, 36, could be put to death as early as next month if no further appeals are filed. The court issued only a brief order to set the execution in motion and did not explain its reasoning.

"I say we should go ahead and get it over with and done," Chapman told a judge in a separate hearing in Lexington on Thursday. "I should be able to do what I want to do and go ahead and have the execution put forth."

Chapman filed an affidavit last year asking that public defenders not be allowed to file additional appeals because he wants to be executed for the murders of 6-year-old Cody Sharon and 7-year-old Chelbi Sharon in the northern Kentucky town of Warsaw in August 2002.

COURTS: Judge Isaacs recuses himself in criminal case involving Bourbon County jailer

From Kentucky.com:

Judge recuses himself in Bourbon jailer case

Without explanation, Bourbon Circuit Judge Paul Isaacs recused himself Tuesday from the criminal case against the county jailer and a chief deputy. Jailer Tony Horn has been charged with two counts of tampering with public records, a class D felony, and two counts of first-degree official misconduct, a class A misdemeanor. Horn allegedly ordered the destruction of e-mails after an inmate's death in February with the "intent to impair the e-mails' availability for use in the official proceeding," according to the indictment. Chief Deputy Jailer Sandy Dotson has been charged with two counts of tampering with physical evidence and one count of official misconduct.

 

 

CRIMINAL NEWS: Court documents provide details of deadly accident

From Courier Journal:

Court documents provide details of deadly accident

Kenielle Denise Finch who is now facing two counts of murder and 12 other charges in the deaths, has pleaded not guilty and is being held in the Jefferson County Jail on a $385,000 bond.

CRIMINAL: 5-year sentence recommended in fatal crash

From Courier Journal:

5-year sentence recommended in fatal crash

Jefferson Circuit Judge McKay Chauvin set Dec. 4 for the sentencing of Jared Steen, 20, who has been released on bond.

CRIMINAL CASES: "Ex-U of L dean Felner arraigned fraud, tax charges"

From Courier Journal:

Ex-U of L dean Felner arraigned on fraud, tax charges

His hands firmly clasped in front of him, former University of Louisville Education Dean Robert Felner offered only a quiet "Yes, sir" and "Yes, madam" during his arraignment yesterday on fraud and tax evasion charges.

CRIMINAL: "Ky. judge sets hearing in Iraqi slaying case" in Paducah

From Chron.com is an AP story out of Kentucky.  Interesting jurisdictional situation since the soldier is being prosecuted in federal district court rather than a court-martial.

Ky. judge sets hearing in Iraqi slaying case
By BRETT BARROUQUERE Associated Press Writer © 2008 The Associated Press
Oct. 15, 2008, 2:55PM

PADUCAH, Ky. — A federal judge on Wednesday said he would hold a hearing later this month to decide whether statements a former Army soldier made after being arrested in the killing of an Iraqi girl and her family can be used at his trial.

Steven D. Green, 22, faces 16 charges that include premeditated murder and aggravated sexual assault. He has pleaded not guilty and claims he was insane at the time of the 2006 attack.

Green's attorneys have argued in court document that statements he made to authorities after his June 2006 arrest in North Carolina should not be allowed. The statements haven't been made public.

Federal Public Defender Scott Wendelsdorf argued that Green, of Midland, Texas, told federal agents after his arrest in Nebo, N.C., that he did not wish to speak unless his attorney was present. Prosecutors have claimed that Green made statements and "discussed topics" twice, Wendelsdorf said.

Assistant U.S. Attorney Marisa Ford told the U.S. District Judge Thomas B. Russell a response to Green's argument would be filed by Tuesday. The judge scheduled a hearing on the matter for Oct. 29.

Two of Green's other attorneys said they've disclosed to prosecutors a list of expert witnesses who will testify on Green's behalf.

Ford said prosecutors are reviewing the list and considering whether to have Green undergo more mental evaluations.

CRIMINAL: "Two spared death penalty in fatal home invasion"

Two spared death penalty in fatal home invasion from Courier Journal

A Jefferson Circuit Court jury has spared two Louisville men the death penalty for their roles in a fatal home invasion in the Newburg area last year.

CRIMINAL: "S. Ky. judge prolongs ban on early inmate release"

S. Ky. judge prolongs ban on early inmate release from kentucky.com

SOMERSET . A ban could continue for months on using controversial new parole rules to release prison inmates from three southern Kentucky counties.

Whether such a ban will spread statewide, however, remains a question for another day.

In an order issued Monday, Circuit Judge David A. Tapp barred the state corrections commissioner from using the rules to release felons from his circuit from prison earlier than under previous policies.

Tapp's circuit covers Pulaski, Lincoln and Rockcastle counties. His order also bars letting people in those counties off parole supervision under the new rules.

CRIMINAL: "Trial in baby's death delayed"

Trial in baby's death delayed from Courier Journal

Katie McCoy, a former Bellarmine University student from Plainfield, Ind., is facing charges of murder and tampering with physical evidence for allegedly giving birth to a baby girl in a toilet last fall, then concealing the body.

See also, other CJ story:

Stress disorder cited in teen mom's actions in baby's death

"We deny any wrongdoing in this case," Attorney Brian Butler said in court. "She vehemently denies she killed her child."