Tuesday June 17, 2008
Spring 2008
County Attorney Recovers $288,573 in Escheats for Metro Government
Jefferson County Attorney Irv Maze presented a check for $288,573.00 in escheats to Metro Government in March. The funds are unclaimed monies from real estate legal transactions, and represent months of investigation and legal processing by assistant county attorneys.
Escheats proceeds are returned to the Metro Government general fund.
“These funds, which would otherwise be unused, contribute to maintaining the level of service upon our community has come to depend,” said Maze.
County Attorney’s DUI Prosecution Division Achieves Two 100% Conviction Rates in One Year
Prosecutors in Jefferson District Court 101 achieved 100% DUI conviction rates in July 2006 and June 2007, a first for the dedicated DUI Prosecution Unit.
The average DUI conviction rate for 2006 and 2007 is 96% in all Traffic Courts. This is the highest conviction rate in recent history, and an increase of 1% over last year’s DUI conviction average in Jefferson District Court.
From January 1, 2006 through December 31, 2007, Assistant County Attorneys prosecuted 7084 DUI cases. Of those cases, 232 charges were amended and 81 cases were dismissed. The remaining 6771 cases resulted in convictions.
“I am very pleased by these results, and by the hard work of my DUI prosecutors to make them a reality,” said Maze.
“Driving under the influence is not a ‘Right of Passage’ or ‘just one of those things people do.’ It’s a serious crime with potentially devastating consequences. These conviction rates are a sign that our community and our culture understand this fact and want driving under the influence to stop.”
County Attorney’s Office Uses New Technology to Assist Domestic Violence Victims
In October, the County Attorney’s Office began an innovative partnership with ADT Security Services to help safeguard victims of domestic violence. The Abused Women’s Active Response Emergency (AWARE) provides security “panels” similar to emergency medical assistance transmitters to victims identified by the County Attorney’s Domestic Violence Intake Center. These panels, when activated, directly alert the Louisville Metro Police Department (LMPD). Officers are familiar with each victim’s situation and respond accordingly. Currently, 14 victims are using the ADT System.
“This program is another tool for our community to use to help keep victims of domestic violence safe and hold offenders accountable,” said Irv Maze.
County Attorney’s Domestic Violence Prosecution Division Helps Break the Cycle of Violence
By Corey Nett
Domestic Violence Division Chief Susan Ely credits the agency’s emphasis on combating domestic crimes and continuous education as primary reasons for consistently high conviction rates and for increased numbers of DV cases prosecuted as felonies.
About five years ago, Domestic Violence staff underwent training at a national conference at which prosecution of non-fatal strangulation cases was discussed. Such offenses had been rarely prosecuted as felonies in Jefferson County, often for evidentiary reasons. After undergoing additional training from law enforcement and medical examiners, the Domestic Violence Unit developed a protocol for prosecution in strangulation cases, and the result has been a consistent increase in felony charges and convictions.
“Our involvement at the beginning of the case has been a great improvement in our ability to accurately charge a case and then make a solid argument in court,” says Ely.
Strangulation cases can be difficult to assess, because the crime may or may not leave visible injuries on the neck, but at the same time cause serious internal injuries detectable only by medical examination. That’s where the DV unit’s protocol as made the difference. Prosecutors coordinate with other medical and social service providers to arrive at appropriate charges and collect evidence needed in trial.
Domestic Violence Detectives
Another idea that came from the same conference is domestic violence detectives. Jim Larkin and Pat Conkling perform record checks and review medical records, 911 tapes and statements to help prosecutors prepare the best possible case.
The unit’s no-drop policy, in place since the inception of the unit, is another reason for its success.
“Domestic violence is commonly a cyclical series of crimes,” says Ely. “The ‘No Drop’ policy helps break that cycle by continuing prosecution if evidence warrants.”
Domestic Violence Enhanced Docket
The Domestic Violence Enhanced Docket provides increased judicial monitoring for DV cases. Twenty-two select cases have successfully completed the program, which offers the possibility of setting aside of convictions after two years if all of the conditions of the sentence are met. Any new incidences return to the same court, providing increased accountability and continuity of monitoring.
Domestic Violence Intake Center
The opening of the Domestic Violence Intake Center in the Spring of 2001 has proven itself a powerful asset in prosecuting domestic crimes. Staffed by an assistant county attorney from 8 AM to 12:30AM Monday through Friday, it is a secure environment where victims can make use of a variety of community services and legal protections to escape the cycle of violence. Since it opened on the first floor of the Jefferson Hall of Justice, the center has provided services to more than 29,000 domestic violence cases.
Although Ely is pleased with the Domestic Violence Division’s consistently high conviction rates, those are just part of the story.
“Our most important goal is to preserve justice,” says Ely.
Domestic violence is a complex crime which has a strong psychological and emotional effect on its victims, particularly children. The County Attorney’s Domestic Violence Prosecution Division’s multi-faceted approach to these crimes strives to address each of these effects, and to minimize the possibility violent behavior recurs.
Third Annual List of Delinquent Child Support Obligors Nets $243,000 in five months.
The third annual list of Delinquent Child Support Obligors appeared in the Courier-Journal October 28th, 2007, and already has earned nearly a quarter of a million dollars for Metro children.
This year’s list contains the names of 670 individuals who, as of September 25th, have not made a child support payment for 6 months or longer and who have not responded to numerous attempted contacts by the County Attorney’s Child Support office. The insert lists the obligor’s name and last known address. Readers with information on the current location of the obligors are asked to call the Child Support Hotline. This year, the list is available on-line at www.louisvilleky.gov/countyattorney in an interactive format that allows viewers to submit location information by clicking on the obligor’s name.
Last year’s insert appeared in the Louisville Courier-Journal Sunday, August 13, 2006. The first two year of the project has produced location information on more than 600 individuals and more than $1.5 million in child support collections.
“The results continue to be overwhelmingly positive,” said Maze. “We are asking for location information on the listed individuals, and the public response to these lists has been phenomenal. My office continues to receive information and contacts which are resulting in payments to the children.”
Funding for publication of the Child Support Insert was granted by the Louisville Metro Council through the sponsorship of 18th District Councilwoman Julie Raque Adams.
Maze introduced a new Child Support Auto-dial Program to encourage new child support clients who have fallen behind in payments to contact the Child Support office. The office estimates the auto dialer will deliver 30 messages a day to clients with new pay orders who have fallen 45 days or more behind in their payments.
“Our goal here is to encourage clients to correct a minor arrearage before it becomes overwhelming,” said Maze.
Juvenile Prosecution Division Chief Paul Richwalsky won 25-year and 20-year jury sentences in the Taylor brothers’ murder trials in 2006 and 2007.
By Corey Nett
On December 29, 2003, just days before Timothy’s 18th birthday, he and his brother Raymond went to Chris Buckner’s home, who the Taylors suspected of stealing guns from Timothy. According to Timothy, Raymond left with Chris, and he searched Chris’ room and found one of the guns. When the two returned, Timothy shot and killed Buckner.
Prosecutor Richwalsky received the cases in juvenile court. Because it involved a capital crime, the cases went before the Jefferson Grand Jury, which indicted Timothy Taylor on March 4, 2004. He would be tried as an adult.
Ordinarily, grand jury indictments are prosecuted by the Commonwealth’s Attorney’s Office. But the Unified Juvenile Prosecution Program, initiated by County Attorney Maze and Commonwealth’s Attorney Dave Stengel in 1999, provides continuity and accountability in prosecutions by allowing the same staff to follow a case between courts. Thus, Paul Richwalsky, the original prosecutor, took Timothy’s case to the jury in August 2006. On September 1, 2006, the jury found the defendant guilty. On October 13th, Mr. Taylor was sentenced to 25 years in prison.
Timothy’s brother Raymond was indicted for murder in the same case, was tried in February 2007, found guilty, and received a 20-year sentence with no parole.
“Paul is very thorough and persistent,” said County Attorney Maze. “He did an excellent job.”
“Before the Unified Juvenile Prosecution Program, an assistant county attorney would not likely have tried a capital murder care,” Maze continued. “I believe Paul’s consistent involvement in these cases contributed to the successful outcome.”
County Attorney Prosecuted in S.T.A.N.D. Program at Two Local Schools in 2007
Jefferson County Attorney lrv Maze acted as prosecutor in two S.T.A.N.D. (Supporting Teens Acting on Noble Decisions) Programs last year. S.T.A.N.D. is a two-day DUI/drug awareness program demonstrating to students the tragic consequences of driving under the influence.
At Waggener and Trinity High Schools, the S.T.A.N.D. Program began with an automobile “crash” and rescue involving Louisville Fire and Rescue, LMPD, the Stat-Care Flight Team, a local funeral provider and the Jefferson County Coroner’s Office.
During the rest of the first day, participating students were taken from class at 30-minute intervals, replicating the frequency with which a teenager is involved in a DUI-related accident nationally.
The second day began with an all-school assembly at 8:30AM, and an arraignment of the at-fault driver. Students and their parents read letters about the experience.
“We are very glad to organize these projects, particularly just prior to spring break,” said Maze. “As prosecutors, we see the consequences of driving under the influence, and if the S.T.A.N.D. Program can keep just one tragedy from occurring, it has been well worth it.”
The first of this year’s S.T.A.N.D. Programs was held at Kentucky Country Day School in March.
Identity Theft Rising: Protect Yourself
By Rich O'Malley
The Kentucky Revised statute defines identity theft as:
The act of using someone else’s personal information for financial, commercial, or political benefit or to avoid detection.
Identity theft not only affects the victim financially, but can touch every aspect of their life. The victims face many different challenges in the aftermath of such a crime. Many of these challenges can alter their daily life, and some can even have life long consequences. These challenges include a loss of self-esteem, a decline in physical health, an inability to perform at work, and may even affect life expectancy among others.
The perpetrators of this crime could be anyone. While it is still true that the majority of perpetrators are primarily relatives and close acquaintances, the growth of the internet and direct mail has given strangers evermore opportunity to find victims.
Protecting yourself from becoming a victim of identity theft is not as difficult as you may believe. Here are a few common sense approaches that will deter thieves from looking your way.
Prevention is the key to protecting financial health and happiness. And remember: no one is immune from this crime.
One of the most important things you can do is get a document shedder and shred all mail and documents with any personal information on them. This includes direct mail offers for credit cards, convenience checks, pre-approved loan applications and old receipts.
It is also a good idea to keep all receipts and compare them with your monthly bank and credit card statements.
The next thing you should do is get a copy of you credit report through www.annualcreditreport.com. At this site, you can retrieve your free yearly credit report from each of the three credit agencies.
Once you have looked over your report, you should then put together a complete financial history. Your financial history should include a complete list of all your accounts and assets: policies, stocks, bonds, real estate and personal property. When completed, you may see that you don’t need all those credit cards, and want to simplify your history. Your credit report and financial history should be stored in a safe place, such as a safety deposit box. Review them annually.
Research Ordinance Commission Completes Ordinance Review in Advance of Sunset
At its final meeting of 2007, Metro Council completed a primary task required by the state law which created consolidated government -- re-enactment of all ordinances. Crucial to this formidable task was the support and assistance of the County Attorney's Research Ordinance Commission.
In order to facilitate the council's work, ROC studied each ordinance of the former City of Louisville and Jefferson County, compared similar ordinances from each jurisdiction, then assisted the council committees as they reviewed and enacted each one.
“When we recommended the Sunset Provision, we knew what an immense and necessary task it would be,” said Jefferson County Attorney Irv Maze. “I congratulate the Metro Council for its completion of this project, and recognize my office’s Research Ordinance Commission Director Brian Newman and his staff for their work.”
When Metro Government began in January 2003, The Metro Council was given five years to review all of the ordinances of the old City of Louisville and Jefferson Fiscal Court. The Council was charged with reviewing the chapters and then deciding to reenact, revise and adopt each of the chapters. If not, the laws would "fall off the books" by January of 2008.
Irv Maze Presented Flag Flown in War Zone by Iraq War Veteran
In recognition of Independence Day, 2007, Assistant County Attorney Brandon Yarbrough and his family presented an American Flag which Yarbrough flew over Bagram Air Force Base, Afghanistan for 9 hours and 11 minutes to County Attorney Irv Maze.
The flag was flown during the 14-month deployment of the 198th MP HQ Division, in which Yarbrough served as captain. Brandon has been a member of the Kentucky National Guard through college, law school, and as a law clerk with the county attorney’s office. Just prior to passing his bar examination, Yarbrough learned the 198th was to be activated. Maze arranged for Brandon to be sworn in as a member of the bar, and then swore him in as an assistant county attorney before his unit deployed. Although assured of a position when he returned, Yarbrough would have to wait more than a year to assume his duties as a prosecutor.
The County Attorney’s Office helped bring the unit home for Christmas from their training at Ft. Dix, New Jersey in December 2005. Once the unit arrived in Afghanistan, the office continued assistance with the humanitarian projects in which the 198th was involved. And when the unit returned to Louisville in January 2007, County Attorney Maze greeted the unit at the airport.
Brandon Yarbrough currently prosecutes in the Felony/Misdemeanor division.
County Attorneys Particpate in Spanish Immersion Program
Six assistant county attorneys spent two weeks in southern Mexico as part of the Spanish Immersion program, designed to help court personnel work more effectively with defendants from hispanic cultures. The trip, from October 21st through November 4th, was the culmination of eight months of language study. Once in Mexico, the group spent three days in Mexico City, then moved in with host families in Morelis, Mexico.
ACA Matt Welch said the attorneys learned a great deal about the history, culture and legal system of Mexico.
"It has really helped me understand the perspective with which hispanic defendants view the court experience."