Kentucky Law Review

Lexington Herald-Leader: "Woman charged in shooting death of her husband, a London lawyer, is acquitted"

Story from By Bill Estep — bestep@herald-leader.com at the Lexington Herald Leader:

 

A judge on Friday ordered the acquittal of a woman charged with murder in the shooting death of her husband, a lawyer in London, according to one of her attorneys.

Judge Robert McGinnis said there was insufficient evidence for a reasonable juror to conclude Lisa Gilliam killed her husband, said her attorney, Scott T. Foster of Somerset.

McGinnis issued a directed verdict of acquittal, which is rare in a murder case, said Foster, who represented Gilliam with attorney Robert Norfleet.

A jury could not reach a decision in the case a month ago, though most jurors reportedly wanted to acquit Gilliam.

Gilliam, of Pulaski County, was charged with killing Larry Gilliam, 59, at his law office in downtown London in January 2011.

Larry Gilliam died of a gunshot wound to the chest.

Lisa Gilliam's defense was that her husband killed himself.

Testimony at her trial indicated Larry Gilliam had taken money he was supposed to hold for clients, Foster said.

Read more here: http://www.kentucky.com/2012/10/19/2377737/woman-charged-in-shooting-death.html#storylink=cpy

How much due process is required before branding a person a child abuser? SCOKY will decide.

The Kentucky Supreme Court is scheduled to hear arguments in a case that asks how much due process individuals deserve before they are branded as child abusers, the Courier-Journal reports. Unlike the sex-offender registries that every state makes available on the Internet, child offender lists generally aren’t accessible to the public. A person doesn’t have to be convicted or charged with a crime to be listed. In Kentucky, people are placed on it because a social worker substantiates an allegation of abuse or neglect, according to the newspaper. A man identified by his initials, W.B., sued to challenge the protocol, fearing that being listed would cost him his teaching post. [from the Wall Street Journal]

Tonight (sunday), catch the Casey Anthony story from the defense pespective on MSNBC

From my friend, Benham Sims, I am posting the following.

Sunday night MSNBC is airing a documentary about the Casey Anthony case from the defense perspective. This is the first time the defense has given their side of the story. As many of you know my sister Dorothy served as one of her lawyers. If you think you know what happened, I recommend you watch this program. There are a number of shocking details that see daylight for the first time.

http://video.msnbc.msn.com/documentaries/48098747/

Courier-Journal News: Slain Teen's Family asking that Assistant CommonwealthAttorney Tom Van De Rostyne be fired for releasing suspect in killing of Gregory Holt

Courier Journal:  Note that Assistant Commonwealth Attorney Tom Van De Rostyne is a a candidate in this year's election to be the new Commonwealth Attorney as Mr. Stengel is not running for reelection.  Other candidates are Court of Appeals Judge Tom Wine, Circuit Court Judge Steve Ryan, and former Assistant Commonwealth attorney Carol Cobb.

Slain teen's family seeks firing over suspect's release from prison

The family of a slain teen wants the assistant prosecutor who requested that a suspect in the case be released from prison to be fired.

Teri Tharpe, a cousin of 15-year-old Gregory Holt, said Thursday that the family has petitioned Jefferson County Commonwealth’s Attorney David Stengel to dismiss assistant Tom Van De Rostyne, who requested James Mallory’s release in exchange for his testimony against several defendants.

“We are sickened by our realization of what has taken place,” Tharpe, 46, said in a press conference at a parking lot on Berry Boulevard near Churchill Downs.

ABA News: Kentucky Death Penalty System

Kentucky Death Penalty  is subject of American Bar Association report. 

"The American Bar Association Releases Report on Kentucky’s Death Penalty Systems

The American Bar Association recently released their report, “Evaluating Fairness and Accuracy In State Death Penalty Systems: The Kentucky Death Penalty Assessment Report.” To access the Executive Summary that highlights the findings of the full report, click here. To access the full report, click here"

CJ News: "Mistrial declared after prosecutor calls opponent 'Mr. TV attorney'"

Bart Adams - "the" Mr. TV Attorney;  now that must be very disturbing to the likes of Isaacs, Becker, and others.  Bart is correct, however, that Assistance Commonwealth Attorney Logan Sims' remark is, was, will always be "ridiculous".

Mistrial declared after prosecutor calls opponent 'Mr. TV attorney'
Louisville Courier-Journal
A Jefferson Circuit Court judge on Friday declared a mistrial in an attempted murder case a day after a prosecutor referred to high-profile defense lawyer Bart Adams as “Mr. TV attorney” in front of jurors.

As Assistant Commonwealth’s Attorney Logan Sims was questioning defendant William Summers on Thursday, Sims asked Summers, who claimed he shot another man in self-defense, if it was true that he didn’t want to talk to police without having “Mr. TV attorney Bart Adams” present.Adams immediately objected, called for a mistrial, and on his way to the bench said “that’s so far out of line it’s ridiculous.”

WDRB News: "Victim's family says charges against suspect aren't serious enough"

From WDRB:

"Victim's family says charges against suspect aren't serious enough
LOUISVILLE, Ky. (WDRB) -- The family of a Louisville woman killed after being hit by ... are misdeameanors under jurisdiction of Jefferson District Court.

 The family of a Louisville woman killed after being hit by an alleged  drunk driver says the charges against the suspect aren't serious enough.

According to Sherrie Dulin's daughters, the woman who hit their mother, Heidi Diaz, hasn't appeared in court for the last two hearings.  Diaz is charged with DUI, driving without a license, and having an open drink in her car.  All of her charges are misdeameanors under jurisdiction of Jefferson District Court.

Police say she hit Dulin, a pedestrian, last November at National Turnpike and the Outer Loop.  Dulin died December 1. 

Diaz is out of jail on bond, which is something Dulin's daughters say isn't fair."

Click link for the rest of the post.

CRIMINAL LAWYERS IN LOCAL NEWS: "Butler and Dathorne have tackled high-profile cases -- and won"

I try to post all positive stories on Louisville and Kentucky lawyers, whether personal injury attorneys, criminal lawyers, or just doing good stuff.  Here is one by Andrew Wolfson on the "Dream Team" of Dathorne and Butler.  But do they have to look so tuff in their photo?  Just kidding, guys. 

From the Courier Journal: 

"Butler and Dathorne have tackled high-profile cases -- and won"

"Alex Dathorne and Brian Butler have won defense verdicts for some of the biggest cases in recent years, including the Jason Stinson trial. The two now face a challenge of the defense of Michael Bishop, the man charged with shooting 12-year-old Jacob Eberle in the back as the boy and other children were running from Bishop's house after ringing his doorbell as part of a game."

See, also the following story on one of the Dream Team's current criminal cases in the news:

"Michael Bishop seeks delay in trial over Glenmary shooting of child

Defense attorneys for Michael Bishop, the man charged with shooting and wounding a 12-year-old boy in the Glenmary neighborhood, will ask a judge on Monday to delay his March 5 trial, saying a plea agreement may soon be reached.

NORTHERN KY: "Cincinnati Ben-Gals cheerleader under investigation by Kentucky attorney general's office"

From Courier Journal:

Cincinnati Ben-Gals cheerleader under investigation by Kentucky attorney general's office

Cincinnati Ben-Gals cheerleader and Northern Kentucky teacher Sarah Jones, who gained national attention by suing a gossip website that claimed she was promiscuous, is now the subject of two investigations.Kentucky Attorney General Jack Conway has been asked to assign a special prosecutor to a criminal case. The board that certifies teachers in Kentucky is also investigating Jones and she resigned Nov. 30 from Dixie Heights High School in Edgewood.

Click on linked heading above for the rest of the post.

CHILD ABUSE DEATHS: "Some child abuse deaths missing from Kentucky's list"

Some have asked me when is the Attorney General or law enforcement authorities going to look into this and other stories surrounding children who should have been protected.  I do not know the answer to that one, and if there is an on-going investigation to hold those responsible accountable for the problem, I know I do not need to know about it now.  Let the law enforcement folks do their job. 

Some child abuse deaths missing from Kentucky's list