Upstream | November 19, 2010 | 0 comments

Open letter to Lexington Judge, Honorable Ernesto Scorsone - Lexington courts | Examiner.com

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I have been following the false arrests of Pleas Lucian Kavanaugh for some time now. I recently re-posted Lucian's blog detailing the shenanigans that he has dealt with in his most recent attempt at freedom. This has led to some interesting new developments.

The police officer that accused Lucian has been reprimanded. Detective Elizabeth Adams was charged with unsatisfactory performance and violation of DOP Gen. Order 73-2H Operational rule 1.11. Her punishment is 40 hours suspension without pay and an employee development program to be completed within 6 months. I don't know about you but that leads me to question the reliability of her testimony and decision to single out Mr. Kavanaugh.

Bobby Gullette just filed a motion to put Lucian in jail until trial (February 23) because of what he wrote in his blog and I re-posted. He even submitted a photocopy of his blog into the record. Lucian has court today, November 19, at 1pm to decide what Scorsone is going to do. Lucian has the right to air his case and/or write about it on the internet. Gullette's attempt to punish him for this should be considered a First Amendment violation.

What follows is a letter from Mr. Kavanaugh to the judge in this case, Ernesto Scorsone:

Wednesday, November 17, 2010A Letter to the Judge


While bias is understood to be an intrinsically human characteristic, that urge to presume on the basis of often erroneous information such as criminal history and passing innuendo, one can only hope that Lady Justice’s eyes remain shrouded as they should and implore that the prosecution and the defense be regarded equally so that no quarter be provided Mr. Gullette which isn’t summarily endowed upon myself as well. It seems a most humble and reasonable request; a mere reiteration of the most fundamental inherence of any worthwhile legal system.

Which isn’t to suggest that one good foul deserves another or any such twist of illogic, but only that in the totality of this specific circumstance, it is difficult to fathom how one could arrive at the conclusion that my incarceration is the proper remedy for an isolated incident of inconvenient scheduling by arbiters.

Furthermore, if the respective sides are to be held to an even remotely comparable standard, then it is noteworthy that Mr. Gullette has failed to appear at multiple appointments during the course of the last year without so much as a verbal reprimand or even an apology.

This most recent mishap, for which I am currently held responsible, is more accurately, a hybrid of both the prosecutor’s failure to appear on November 4th and a rather perplexing failure to acknowledge my lack of availability on November 8th.

If the court will pardon the insistence, I deliberately submitted that I would be out of town in order to avoid the very dilemma in which I presently find myself. That the point has gone unnoticed and that I came to be regarded as the primary culprit of this mishap contradicts even the most unrefined conception of fairness and alludes to a major point of concern in my mind—

It has been the experience that my extensive involvement with the Lexington Police Department has served to disrepute me among certain members of the local establishment.

Read the rest of the article at the following link: http://www.examiner.com/courts-in-lexington/open-letter-to-lexington-judge-ernes...
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