Leaked witness interview proves police set-up of Kavanaugh.

This article was originally published on Examiner.com.

The American Bar Association has announced a study released Wednesday recommending that Kentucky suspend executions due to serious flaws in the legal system. Those flaws include low pay for public defenders, a lack of protections against executing the mentally ill, no rule to preserve evidence for future appeals, confusion amongst the jurors, prosecutorial misconduct and poor police work, especially involving false identifications and false confessions. A recent local case is a perfect example of this flawed and corrupt system.

Pleas Lucian Kavanaugh was charged with two crimes in a short period of time two years ago. Both cases were recently dismissed.

The first case involved the daughter of Detective William Persley, the partner of Detective Elizabeth Adams. Detective Adams had lost several cases in the past where she had charged Kavanaugh with a crime. Kavanaugh was found innocent of these charges after a trial determined many inconsistencies in the testimonies of Persley, Persley’s daughter and former Detective Adams. Detective Adams was demoted to officer position after it was determined that she handled this and other cases questionably. Specifically, her procedure for witness identifications in some cases was flawed. It could be argued these flaws were done by choice.

One of the recommendations by the ABA was that videotaping should take place the entire time someone is questioned, not just part of the time. In the Kavanaugh case, Adams claims that the recorder just didn’t work this time. The file seemed to be there but she can’t get it to play. The defense asked for this file or access to the computer or to talk to the computer tech at the police department. All of these requests were ignored.

The second case was the infamous bus stop kidnapping that made all of the local news. Kavanaugh was announced on all of the local stations as the suspect. The police claimed that he was to be considered armed and dangerous. Kavanaugh turned himself in at a news station and then to the police station to ensure his safety.

After two years, Kavanuagh’s defense team was put in contact with the witness or victim in this case. A short interview with her revealed why the prosecution did not want the defense to speak with her. She reveals more improper police work by Detectives Adams and Persley.

Adams, once again, decided in advance that she would pin this crime on Kavanaugh. Immediately while the victim is filing the report Adams tells her that she knows that Kavanaugh is the man they should be looking for. In order to make sure Kavanaugh is arrested she manipulated the eyewitness identification by first showing a drawing of Kavanaugh to her. She then returned with a group of pictures, one of them being Kavanaugh, and asks the victim to pick the assailant. Of course, she picks the one that looks like the drawing she had recently been shown. This was all done at the house of the victim rather than on videotape at the police station.

Days after this interview the prosecutor, Bobby Gullette, surprises everyone just weeks before the trial by dismissing the case at a status hearing with no explanation. No explanation was necessary. Should the case have been allowed to continue, Kavanaugh would surely have beat the charges and claimed his innocence. This would have also allowed the disciplinary file on Detective Persley to become public. Detective Adams’ file had already came out in the previous case. Persley’s is rumored to be even more damaging.

These two disciplinary files with two recent false arrests, previous false arrests and a witness testimony with damning information combine to set the stage for a costly civil case against the city.

Kavanaugh realized a few days ago that this case was dismissed ‘without prejudice’.

Wikipedia explains with and without prejudice in a criminal case:

Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct, may end as being dismissed with prejudice or without prejudice. If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent to a finding of not guilty and they cannot be retried.

In the United States, if there is a mistrial, or the case is overturned on appeal, generally this is without prejudice and (in the case of decision overturned on appeal) either all of the case is retried, or, if not all of the case is overturned, the parts that were overturned (like a sentencing hearing) are retried. If the case is dismissed because of prosecutorial misconduct, it will typically be dismissed with prejudice, which means that the defendant cannot be retried.

In general, the rule for whether or not a case is dismissed with or without prejudice depends on what condition the case is in and whether “jeopardy” has attached to the case. If jeopardy is attached to a case, a dismissal or a resolution is “with prejudice” and the case can never be litigated again. In the case of a trial by jury, jeopardy attaches when the jury is empaneled and a dismissal (for prosecutorial misconduct or harmful error) at that point must be with prejudice. In the case of a bench trial (trial by the judge only), jeopardy attaches when the first witness in the case is sworn.

A dirty trick prosecutors will use if they think they will be reprimanded for prosecutorial misconduct or if evidence of police corruption or a set-up will come out in court is to dismiss the case at the last minute. This tactic effectively avoids information coming out in court that would implicate the prosecution in any crimes. Additionally, this allows them a period of time in which to try and get the accused to take a plea bargain without exposing themselves in court. Many, due to the high costs of being found innocent, will choose to take this route.

One of the most despicable ploys prosecutors will use when applying this technique is to dismiss  the case ‘without prejudice’. This leaves an impending threat to the person who had been accused, in this case, falsely.

Can you imagine being falsely accused of a crime, working hard to prove your innocence and then, when you are just about there, the prosecutor dismisses the case and leaves your innocence permanently tied up in Purgatory?

That is exactly what prosecutor Bobby Gullette plans to do to Pleas Kavanaugh. Gullette was contacted by someone close to this case and asked if he would change the dismissal to ‘with prejudice’. Gullette, whose job is to represent victims, stated:

“I’m not going to help him. He’s too litigious.”

Who is litigious here? Kavanaugh has been falsely arrested a half dozen times and has proven his innocence each time. It seems Gullette is the pot calling the kettle black in this case.

Should this case have gone to trial the law requires that due to a finding of innocent or evidence of prosecutorial misconduct or police corruption the finding would be ‘with prejudice’. It is only because of more prosecutorial misconduct that Gullette finds himself in a position to play games with Kavanaugh’s future.

I would ask Prosecutor Gullette to read the over 400 page report from the ABA and pay close attention to Chapter Five starting on page 129. The chapter is titled Prosecutorial Professionalism. In this chapter the ABA recommends some solutions for Kentucky that ring especially true in this case.

Solutions to the problem of prosecutorial misconduct and wrongful convictions include adequate funding to prosecutors’ offices, adoption of standards to ensure manageable workloads for prosecutors, and requiring that prosecutors scrutinize cases that rely on eyewitness identifications, confessions, or testimony from witnesses who receive a benefit from the police or prosecution. Perhaps most importantly, there must be meaningful sanctions against prosecutors who engage in misconduct.

Fear that a falsely accused man is going to file a civl rights case against the city is not a legitimate reason to file a case as ‘without prejudice’. At this point, after information has shown that Detectives Adams and Persley acted in bad faith, Kavanaugh’s innocence is not in question.

Gullette’s ploy to shield the city government from a lawsuit by further violating the rights of Kavanaugh is shameful. Gullette’s job is to seek justice for victims, convict the guilty and find the truth. A prosecutor’s job does not involve further victimizing the falsely accused in order to hide misconduct.

ABA President William Robinson of Florence, Ky. said the main issue is to ensure that an innocent person isn’t executed because of a system flaw. The ABA should have taken the study a step further to include the falsely incarcerated not just the falsely executed. If 52 cases out of 78, or 67% of cases in Kentucky who have been sentenced to death have been overturned because of errors at the trial, what does that say about the rest of the prison population?

Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy.

Was prejudice involved in the decision by Prosecutor Gullette when deciding to straddle Kavanaugh with the burden of a ‘without prejudice’ decision on a ‘with prejudice’ case?

With the recent decision by the American Bar Association pinpointing problems that are prevalent in this particular case, the facts of the case demand the Kentucky Bar Association review this case and the previous false arrests of Pleas Lucian Kavanaugh. The KBA should review the statement by Gullette and take appropriate actions to ensure that the falsely accused in Kentucky get the fair treatment promised to Americans by the Constitution and the Bill of Rights.

“When a person’s life is at stake, the guarantee of fairness and due process are paramount” said ABA President Robinson.

While he wasn’t tried for a capital crime worthy of the death sentence, Kavanaugh,and many others like him, knows that being falsely accused does indeed seriously impede his rightful pursuit of life, liberty and happiness.

Kavanaugh has a hearing with Prosecutor Gullette on Friday to discuss this issue. I will continue to update this story as information is released to me.

Copyright ©Christopher Hignite 2011 All Rights Reserved. This article cannot be copied for email or other websites.

The author grants permission to republish the title and first paragraph of this article provided they are linked to the original article here.

Video:Police corruption/Kavanaugh case full edit

This article was first published here.

A recent interview with the victim of the attempted bus depot attack 2 years ago proves that Lexington detectives decided to ‘pin’ the attack on Kavanaugh from the very start. The interview was leaked to LexiLeaks and then passed on to me.

Pleas Lucian Kavanaugh has been dealing with false arrests for over ten years. Detective Elizabeth Adams was involved in Kavanaugh’s early arrests a decade ago. Adams does not hide her contempt for Kavanaugh after her loss in those cases.

More recently, Kavanaugh was chosen by Adams’ partner’s daughter, Morgan Persley, as her attacker on October 24, 2009. Detective Adams and Detective Persley have both been demoted to officer after behavior in Persley’s daughter’s case and other cases showed lack of integrity. Kavanaugh was found not guilty at trial in the Persley case.

The bus depot incident happened just five weeks after the Persley incident. However, the victim in this case has been ignored by the prosecution and hidden from the defense for almost two years. Just prior to the upcoming trial in this case the defense was allowed to interview the victim, Laura Baker. Not long after this interview, the prosecution suddenly, after two years, dismissed the case at a status hearing. An investigation into this interview shows clearly why this case was dismissed.

I have taken the interview and divided it into sections to emphasize each piece of evidence proving that Adams decided to pin this on Kavanaugh from the start and did everything she could, regardless of the evidence, to try to convict Kavanaugh of a crime she knew he did not commit.

In order to show that this interview has not been edited in such a way to change the meaning you may listen to the full un-edited interview here. If you would like to listen to the edited version from beginning to end prior to reading you can listen here.

Section 1

In the first section the victim, Laura Baker, discusses several times during the interview that she could not get in touch with either Detective Adams, Detective Persley or the prosecutor. “I was trying to figure out what was going on. I didn’t know if they’d had a trial.” “Like I said, I contacted Detective Persley like four or five times. I even had my mother-in-law call.” “I just said, alright, I guess it’s over. I don’t know what’s going on.”

Once Kavanaugh was chosen as the perpetrator of this crime, they paid no more attention to the victim.

Section 2

Paula, the interviewer for the defense, Kavanaugh’s side, explains to the victim that she is working for the defense. The victim, Laura Baker, explains that she has no problem with that. It is important to note that Baker’s answers to the questions come with full knowledge that she is talking to the defense.

Section 3

This short section emphasizes the fact that there are two victims of civil rights violations when police falsely accuse someone of a crime.

Baker explains that she was four months pregnant when this happened. Baker’s attacker is free to terrorize another victim while Lexington detectives pursued a personal agenda against Kavanaugh.

Section 4

Baker described the scene and the incident in this section. She explains that a police officer is always there but could not be seen at the time and had not parked his car where he usually does.

She describes the attacker as being ‘geeked out’ and on drugs. During the attack he tried to sell her drugs (cocaine) and then tried to get her to leave with him to find or do drugs. Baker talks about a knife being stuck to her ribs and the attacker wore one of those ‘fluffy’ coats, fluffier than hers but the same color.

Detectives Persley and Adams never searched Kavanaugh or his residence for any of these items. Kavanaugh was also never tested for cocaine use.

Section 5

This section begins with a description of the attempted attack on Baker.

At the end, pay attention to the fact that immediately after the victim’s description the detectives told her that they knew it was Kavanaugh. They went on to tell her that he had attacked Detective Persley’s daughter. Since he had already been chosen in that case this proves that they had decided on Kavanaugh prior to the witness identification.

They also claim that he is wanted in several rapes and an attack on another pregnant woman. Both of these are false. They even tell her that she couldn’t have described Kavanaugh better.

Note: She has not yet identified him by first seeing a drawing of him and then later picking him out of several photos of darker black men. Her police report described the attacker as having gold teeth and being 6′ to 6′1″ tall. Kavanaugh has perfect teeth and is 5′9″.

All of these are obvious violations of procedure for witness identification.

They even told her his name prior to the identification procedure which was manipulated to influence her selection of Kavanaugh. I will show this in a later recording related to this interview.

“Well, the description I gave of him was somebody they were already looking for, I guess. They said he was wanted for a few other rapes and an attack on another pregnant woman and an attack on a police officer’s daughter or some, something to that effect. They said I couldn’t have gave a better description of him.”

Section 6

This section of the recording contains no evidence of a crime until the last sentence. I included the rest to show where the attacker ran to and where the officer came from. The exact same location?

The last sentence, “they didn’t find, I think, him until like a week later.” shows that Detective Adams and Persley had decided on Kavanaugh from the start. ‘Him’ meaning Kavanaugh and the context of her sentence showing that she had been told who he was and his name in the beginning. The next section will be further evidence of that.

Picture Selection

This section shows that the victim claims the police came to her house to show her pictures.

Detective Adams claims that she followed protocol and showed a grouping of pictures at the police station. The victim later explains that she was shown a drawing of Kavanaugh prior to picking him out of pictures.

That’s like saying, here’s a picture of the guy remember it. Then coming back the next day and saying here’s ten pictures which one is the guy we showed you yesterday?

Section 7

This section is a detailed description of how the attacker ran the same way as the officer down a narrow alley type road. Somehow the officer did not see anyone running that way.

A few moments into the recording she states, “Pleas just probably took around the corner so quickly…”. This is further evidence that he was named to her by the police not the other way around. It’s also interesting that she would refer to him by his first name.

Further along she states, “but they found him.” referring to Kavanaugh specifically as ‘him’.

Section 8

Baker explains that the detectives told her that the cameras at the bus station were not installed in the area of the incident yet. That is not true. As a matter of fact, the cameras were installed and operating but did not show Kavanaugh there that day.

Section 9

The end is the most interesting here because she explains that the police immediately told her it was Kavanaugh when she went in to give her report. This was before any photo line-up!

Then, after she is shown a drawing of Kavanaugh, she is shown pictures of darker black men, Kavanaugh is light skinned,  and she identifies Kavanaugh. This information came out in a preliminary hearing. This is all illegal identification procedure.

Section 10

In this section the victim admits that Detective Adams showed her a drawing of Kavanaugh before she identified him in a photo line-up. Another blatant violation of identification procedure.

Section 11

Baker gives a detailed description of her attacker. Besides being clean cut nothing else matches Kavanaugh.

Section 12

In this section the victim describes how her attacker ran the same direction that the cop appeared from moments later. This raises the questions…

• How did the officer pass the assailant without noticing him ‘geeked out’ in a ‘puffy coat’ and running while trying to keep from dropping baggies of cocaine?
• Where was the officer coming from?
• Why was his car parked on the side of the bus depot that day?
• Could this ‘attacker’ be associated with Adams and Persley?

Detective Persley is clean cut, light-skinned, black and about 6′ tall. There is as much evidence or more implicating Persley than Kavanaugh.

Section 13

Finally, we find out that there was a woman present at the other end of the terminal during this entire event. However, the detectives and the prosecution have never mentioned this nor tried to find her as a witness.

• Who was this woman?
• Was she present on the surveillance tapes?
• Why did the detectives not pursue her as a witness?

Kavanaugh and his attorney plan to file a civil rights case against the city and these officers for these and previous false arrests. He had attempted to put all of this behind him by offering a settlement in a letter to Mayor Jim Gray with no response.

More information and proof that Kavanaugh was set-up in this and the Persley case would surely have come to light had the prosecution not decided to dismiss the case prematurely. Several people have been attempting to obtain the disciplinary file on former detective Persley to no avail. A civil rights case will force the police department to release this file. Should the city decide not to settle with Kavanaugh, motions will be filed and more information will cetainly come out that could cost Lexingtonians in the millions of dollars.

I will release more information on the case as I receive it.

Spec. William C. Millay arrested Friday.

This article was originally published on Examiner.com.

American Army Specialist William Millay, a 22-year-old military policeman from Owensboro, Kentucky, stationed at Joint Base Elmendorf-Richardson in Alaska has been arrested and is awaiting charges of espionage.

Reports from Wave 3 in Louisville, Anchorage Daily News and the Army Times all agree that the FBI, Army and local police worked together to build the case.

Millay was originally being held at the Anchorage jail but the military has stated that he will be prosecuted through the military justice system.  Lt. Col. Bill Coppernoll, a spokesman for U.S. Army Alaska, stated to Army Times that within a week “We are preparing to prefer charges against Spc. Millay.”

The FBI spokesman for Alaska, Eric Gonzalez, says his agency and military personnel investigated the case.  Gonzalez also confirmed that Millay is not being connected to any leaks to WikiLeaks.

Greg Rinckey, an attorney who specializes in courts-martial , states, “The Army is very serious about prosecuting any types of espionage, or leaks or any type of mishandling of sensitive material.” “The Army wants to send a message to other soldiers that this is not acceptable, and it will be dealt with extremely harshly.”

This is where it gets interesting.

A Federal Security Services or (FSB) report circulating the Kremlin states that the US Military went into a “panic” when a soldier e-mailed his mother to “prepare for the end of the world.”

The report states that Millay had growing concerns over a massive military buildup of NorthCom. This buildup is said to include troops and equipment being shipped in from Afghanistan, Japan and South Korea through the Alaskan base and then to “staging areas” in the US.

NorthCom was created on October 1,  2002 after 9/11. NorthCom is charged with protecting the United States homeland in support of local, state, and federal authorities. This support is limited by the Posse Comitatus Act .

AFNORTH would take charge of the situation or event in the case of national emergencies, natural or man-made.

Specialist Millay believed that the redeployment of these tens of thousands of US troops to America was “somehow” related to the November 9 testing of the United States Emergency Alert System (EAS) that is occurring “coincidentally” with a vast number of disaster drills and exercises being planned for the same time period.

In a series of e-mails to friends and family that were intercepted by the NSA, the FSB reports, Millay warned when asked what to do, “prepare for the end of the world”.

The FSB notes in their report that the Kentucky region where Specialist Millay comes from is “heavily populated” by staunchly religious Christian conservatives who believe we are living in the “last days” and that President Obama is a “secret Muslim” whose goal is to destroy the United States so that a New World Order can be established ushering in the age of the “anti-Christ” foretold about in the Bible’s Book of Revelations.

The e-mails detail nothing about specific troop movements or plans by the US military.

The “heightened response” by the highest branches of the US government is what caught the attention of the FSB.

According to the FSB report, a “standoff” between the FBI strike team sent to apprehend Specialist Millay and US Army personnel ensued with the Army winning out and keeping him from being taken by Obama regime authorities.

Neither the Army nor the Obama administration have publicly stated exactly what Millay was arrested for. However, the Army is refusing to allow the federal government to prosecute Millay and will handle the case themselves.

The US Army Times wrote:

“Friends from Millay’s hometown were “shocked” to hear of his arrest and said the charges were uncharacteristic of Millay. One friend, Janssen Payne, said Millay is “as loyal to his country as he is to his best friends.” “I just don’t see it,” Payne, 25, said of the Army’s accusations. “I just don’t see the motivation for him to do it.” Payne said Millay’s brother was a soldier and that Millay was a supporter of the wars and then-President George W. Bush when the two of them were in high school. “He was really patriotic and really loved his country,” Payne said.”

The report claims that with the US Officers’ Christian Fellowship Corp having 15,000 members active at 80 percent of American military bases and an annual growth rate, in recent years, of 3 percent, it is not beyond the possibility that a coup may be planned against Obama.

The FSB notes, “it must also be considered that Obama may be preparing to establish martial law in the United States and rule under the existing Executive Orders” created since 9/11.

The US military and the Obama administration are keeping tight-lipped on the subject.

It will be interesting to find out more information from American sources.

Whatever the truth turns out to be, I’ll be waiting for the November 9 EAS testing more cautiously.

Copyright ©Christopher Hignite 2011 All Rights Reserved. This article cannot be copied for email or other websites.

The author grants permission to republish the title and first paragraph of this article provided they are linked to the original article.

Video: Occupy Lexington re-schedules Occupy City Council…Some send mixed messages.

This article was first published at Examiner.com

April Browning and several members of Occupy Lexington had planned to visit City Council Thursday. This was not meant to be a protest but an extension of thanks to the city and it’s employees. Circumstances caused them to re-schedule.

I decided to attend a portion of the meeting since I had made the trip to film the protesters.

After the meeting, I used the trip to catch more footage of the Occupy Lexington protesters. There was a decent crowd of protesters for Lexington.

Several members of LexMoveOn.Org have had issues with my publishing stories on Republican sites and today was no different. Familiar faces warned the protesters that they were being filmed. After two LexMoveOn members took issue with my presence, others became weary. I passed out Lexington Examiner cards and continued to film.

Activists typically understand that the press is their best weapon against a repressive government or corrupt corporations.

Occupy Lexington has been successful even with a few protesters who send mixed messages.

This protest must be open to members of both parties or the message becomes we are the 51%. I will discuss in the next article the correlation between the press, freedoms, laws and holding government accountable.

Copyright ©Christopher Hignite 2011 All Rights Reserved.

This article cannot be copied for email or other websites. The author grants permission to republish the title and first paragraph of this article provided they are linked to the original article here on Examiner. He welcomes emails: Christopher@wearechangeky.com

Second case dismissed against Kavanaugh

This article was first published at Examiner.com

Pleas Lucian Kavanaugh has always claimed he was innocent of the two charges filed against him by the Lexington Police. He was able to prove his innocence on one charge. The second charge wreaked of the same corruption as the first.

After a long, expensive and drawn out fight, Kavanaugh’s attorneys helped him win a verdict of not guilty on August 24 on the first charge. This case involved the daughter of the partner of the former detective who filed the case against Kavanaugh.

You might remember the second case as the infamous Lextran kidnapping attempt. Kavanaugh, out of fear for his safety, turned himself in to a news station prior to accompanying them down to the police station. The police had put out an announcement that Kavanaugh was to be considered ‘armed and dangerous’.

Both detectives involved in these cases have now been demoted down to officer status.

The case was dismissed during a status hearing scheduled to arrange an evidentiary hearing to prepare for trial.

Prosecutor Bobby Gullette entered the room and announced that the Commonwealth wasn’t able to proceed with trying Kavanaugh. The case was dismissed without prejudice. No apology or payment was offered.

Kavanaugh plans to seek to have the case changed to dismissed with prejudice.

This case and the harassment of Kavanaugh has been going on for many years. The officers involved in this case had lost several years ago to him in another case. Kavanaugh filed a civil suit against them and has been pursuing that prior to these most recent false arrests.

Kavanaugh’s arrest was highly publicized and yet the media is silent on his innocence. I plan to interview Pleas and detail the events and court cases that got us here over the next week.

Please follow along and then call and demand that the officers involved be dismissed for their actions. Lexingtonians should not have to worry about being arrested and falsely charged for an officer’s personal vendetta.

Occupy Lexington Interviews

Before the Occupy Wall Street movement spurred Lexingtonians to start Occupy Lexington I had already been covering MoveOn.Org,  U.S. Uncut and other groups protesting downtown and at Mitch McConnell’s office. Then and now the Lexington Police have done an exemplary job of keeping the peace while respecting everyone’s rights.

MoveOn.Org sponsored a rally downtown at Phoenix Park last Spring. Many people attended this rally. There were signs, chants and songs. The Lexington Police maintained a presence at a distance and never once interfered with the event. Compare that to videos circulating showing unnecessary violence against protesters in NYC.

Senator McConnell’s office was the next time that the police attended a protest. This time it was not to watch but to order the protesters off of the property that McConnell’s office occupies. However, unlike other cities, these officers never pushed, shoved, yelled, maced or arrested anyone. The building management’s position was explained and options were offered to the protesters.

Most recently, officers were there to greet the protesters by orders of the building management who now will not let any of them in the building.

To be clear, the protesters have always been non-violent but have been met with resistance and lies from McConnell’s office. From cancelled appointments to just plain closing early to avoid them, McConnell has not once addressed the group or their issues.

Again, these two officers in particular, did an excellent job of diffusing the situation and explaining to the protesters their rights.

I have been to the sight of Occupy Lexington several times and have done several interviews with the protesters there. Each one has had nothing but praise for the treatment by not only the Lexington Police but the city government and citizens as well.

I’ve written in the past about Lexington’s corruption and a few bad seeds in the police department and legal system. However, when it comes to the officers handling the protests, Lexington sets the example for other cities to follow.

Copyright ©Christopher Hignite 2011 All Rights Reserved. This article cannot be copied for email or other websites.