tagged w/ pleas lucian kavanaugh
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Pleas Lucian Kavanaugh and his attorneys, Arnold & Miller, have filed a civil suit in United States District Court Eastern District of Kentucky against the Lexington Police and the Lexington Urban County Government.
The lawsuit names Ronnie J. Bastin, former Detective Elizabeth Adams, Mayor Jim Gray, and any other officer or agent of the city who permitted, condoned, assisted in, or otherwise participated in the abuse and violation of Kavanaugh's civil rights.
Kavanaugh is asking for compensatory damages, punitive damages, court costs, attorney's fees and any other relief he may be etitled to. Kavanaugh is also asking for a trial by jury.
Pleas Kavanaugh has been dealing with false arrests at the hands of a few officers since 2004. I detailed two of his most recent arrests and court cases here Examiner.com. Links to those stories can be found below this article.
Kavanaugh has provided me with a copy of the court case:
Continue reading on Examiner.com Kavanaugh files civil suit against Lexington Police and LFUCG. - Lexington courts | Examiner.com http://www.examiner.com/courts-in-lexington/kavanaugh-files-civil-suit-against-lexington-police-and-lfucg#ixzz1qGPqtEPgPleas Lucian Kavanaugh and his attorneys, Arnold & Miller, have filed a civil suit... more
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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'.
Read the rest of the story at the link: http://www.examiner.com/courts-in-lexington/kentucky-justice-with-or-without-prejudice
Wikipedia explains with and without prejudice in a criminal case:The American Bar Association has announced a study released Wednesday recommending... more
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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.
Continue reading on Examiner.com Leaked witness interview proves Lexington detectives set up Kavanaugh. - Lexington courts | Examiner.com http://www.examiner.com/courts-in-lexington/leaked-witness-interview-proves-lexington-detectives-set-up-kavanaugh#ixzz1fDqHDk1ZA recent interview with the victim of the attempted bus depot attack 2 years ago... more
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Pleas Lucian Kavanaugh has been dealing with false arrests, violations of his rights, defamation of character and harassment from certain Lexington Police officers for a decade now. Most recently I chronicled the cases of the attempted bus stop kidnapping and the alledged assault on one of these officers daughters. Both cases were dismissed or dropped due to illegal tactics by the officers influencing witnesses during the photo lineup.
These officers have a history with Kavanaugh after he won cases in the past against them. Detective Elizabeth Adams and Detective William Persley have since been demoted to officer position after behavior in this and other cases showed lack of integrity.
Kavanaugh contacted attorney Johnathan Weatherby after his most recent encounters with these two officers which resulted in dismissals. Kavanaugh and Weatherby detail the information and ask to confidentially settle this case in a letter to Mayor Jim Gray dated October 26, 2011.
Here is that letter:
October 26, 2011
Address withheld for privacy
Lexington, Kentucky 40503
Honorable Jim Gray, Mayor
Lexington-Fayette Urban County Government
200 East Main Street
Lexington, Kentucky 40507
Re: Pleas Lucian Kavanaugh
Dear Mayor Gray:
I have been authorized by Pleas Lucian Kavanaugh to negotiate a confidential resolution to his potential claims against Lexington-Fayette Urban County Government. Mr. Kavanaugh is an African-American male who has been harassed by the Lexington Police Department for years. Specifically, and most recently, Mr. Kavanaugh has been subjected to a systematic and coordinated effort by the Lexington Police Department to wrongly convict him of crimes that would have caused him to serve up to twenty-five years in prison. This conspiracy, conducted primarily by former Detective Elizabeth Adams, among others, includes documented instances of perjury, witness tampering and evidence tampering. All of which were committed with the obvious goal of framing Mr. Kavanaugh and sending him to prison.
Former Detective Adams and her like-minded colleagues, through the use of the above-referenced illegal tactics, caused two different charges to be brought against Mr. Kavanaugh in 2010. One of these charges has been voluntarily dismissed and the other resulted in an acquittal after Judge Scorsone ruled that the witness identification could not be used at trial because the manner in which it was obtained was unduly suggestive. Prior to the voluntary dismissal in the other case, Special Prosecutor Robert Gullette approached Mr. Kavanaugh’s counsel and offered to dismiss the case in exchange for a stipulation that probable cause existed for Mr. Kavanaugh’s arrest. This offer could only have been made because Gullette became aware of the extreme and illegal police misconduct used to illegally arrest Mr. Kavanaugh.
Mr. Kavanaugh has obtained recordings of witness interviews, grand jury testimony and trial testimony that support the allegations made herein. This voluminous evidence documents perjury on the part of former Detective Adams in grand jury proceedings as well as in a preliminary hearing before Judge Scorsone. Additionally, Mr. Kavanaugh has made contact with at least two police officers who will testify under subpoena regarding the gross misconduct of former Detective Adams among others.
Mr. Kavanaugh knows that you have sought to address some of the issues within the Lexington Police Department and he is aware that I have a friendly professional relationship with you. He therefore has requested that I approach you in order to resolve this issue confidentially and without the necessity of filing suit. Mr. Kavanaugh spent two months in jail for offenses that he did not commit and for charges that were brought against him in bad faith and as a result of the illegal tactics employed former Detective Adams and her like-minded colleagues. Mr. Kavanaugh was forced to surrender to the police while news cameras were rolling. Local news reporters told the public that Mr. Kavanaugh had been twice convicted of sexual assault based upon information provided to them by former Detective Adams who was without question aware of the falsity of this information when she provided it.
Upon information and belief, former Detective Adams is no longer a detective because of other similar misconduct that came to light causing her demotion as well as that of her partner, former Detective William Persely. It would be an understatement to say that the employment files of these two former detectives will not be helpful to you in this matter should it result in litigation. Mr. Kavanaugh and others have been denied copies of these employment files after numerous requests. Litigation in this matter will make these files public record.
Mr. Kavanaugh is prepared to file a federal civil action pursuant to 42 U.S.C. § 1983 to recover actual and punitive damages. I think you will find that similar cases have produced jury verdicts in excess of Two Million Dollars ($2,000,000.00). The evidence to support these claims is clear and devastating. It is also quite clear that additional supporting evidence would be revealed after sufficient discovery.
Mr. Kavanaugh would like to put his issues with the Lexington Police Department behind him and also seeks to leave this area largely because of the lies that were spread about him in the news media as a result of the misinformation provided to them described above. The damage to his reputation and his psyche cannot be overstated. Mr. Kavanaugh would agree to a full and confidential Release, Confidentiality Agreement and Covenant Not to Sue in exchange for the sum of $250,000.00. If you would like to speak to Mr. Kavanaugh or to review the evidence that he has collected, please call me and I will facilitate a meeting. Mr. Kavanaugh has also been approached by members of the news media who seek to publicize his story. He plans to take no action for two (2) weeks in order to give you an opportunity to respond to this correspondence.
Please do not hesitate to contact me regarding this matter at xxxxxxxxxxx. I look forward to hearing from you.
Sincerely,
Jonathan Weatherby, Esq.
The history of Mr. Kavanaugh's cases is detailed in the articles in the suggested links below.
If the demotion and subsequent denial of the employment files of these officers is any indication of the case the city plans to fight, our tax dollars would be better served with this settlement offer.
Kavanaugh and his attorney will now officially file a complaint and Rico case detailing the harassment he has endured. I will continue to update this case as new information comes out.
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 on Examiner. He welcomes emails: Christopher@wearechangeky.com
http://www.examiner.com/courts-in-lexington/city-ignores-kavanaugh-s-request-to-settle-corruption-case-confidentiallyPleas Lucian Kavanaugh has been dealing with false arrests, violations of his rights,... more
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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.
Read the rest of the story at the link: http://www.examiner.com/courts-in-lexington/breaking-news-second-kavanaugh-case-dismissed-at-status-hearingPleas Lucian Kavanaugh has always claimed he was innocent of the two charges filed... more
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Pleas Lucian Kavanaugh has been found not guilty in the assault case that took place on October 24, 2009. The alleged assault took place at 112 W. High St after 1AM. Many suspicious facts caught my attention after Mr. Kavanaugh contacted me and asked that I investigate and write about his case.
I wrote my first article about this case on August 13, 2010. Since then I have written several other articles detailing the shady tactics used by prosecutor Bobby Gullette and Officer Elizabeth Adams. Some of their actions took place prior to Kavanaugh's arrest and some have taken place in the courtrooms. Those articles are linked at the bottom if you'd like to follow the entire story.
Pleas' trial began on Wednesday and ended yesterday with a not guilty verdict by 1 PM.
The victim was Morgan Louise Persely and is the daughter of the partner of Officer Elizabeth Adams. During the trial Ms. Persely's story changed and made little sense. Her story differed from details she gave to the grand jury and changed again from statements given during evidentiary hearing 1 and evidentiary hearing 2.
Read the rest of the article at:
http://www.examiner.com/courts-in-lexington/not-guilty-pleas-lucian-kavanaugh-found-innocent-of-chargesPleas Lucian Kavanaugh has been found not guilty in the assault case that took place... more
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Riots, revolts and revolutions are the talk of all of the media outlets these days.Yemen, Cairo, Tehran, Tunisia, Algeria and before that in Greece, France and Great Britain saw protests of unfair conditions. While the Middle East demanded change from the dictatorships that created these conditions we are now seeing protests in America demanding better working conditions. Starting in Wisconsin and now in Ohio, Americans have started the spark that will eventually lead to real change in this country. Americans can affect change more easily than other countries by just getting involved in our political and legal processes. I suggest taking an interest in our broken court system.
Pleas Lucian Kavanaugh appears in court on Wednesday, February 23d at 8:00 AM in courtroom 2 in Fayette County, Kentucky. I've been following his case here on Examiner in previous articles. To summarize; his is a case of police retaliation. Join me at his trial and let's take baby steps in this American revolution by insuring that one man doesn't suffer at the hands of government corruption.
Mr. Kavanaugh has been arrested and found not guilty several times in Lexington. He then filed a civil case against the city and the police force for false arrest. The case was almost dropped and is still pending due to the extreme cost of taking on a city government in civil court. Due to this civil case Mr. Kavanaugh has been harassed repeatedly by members of the Lexington Police Department. Most recently resulting in charges of attempting to kidnap a woman at the main Lextran bus station.
This charge resulted solely upon a decision made by Detective Elizabeth D Adams. Kavanaugh's first encounter with the Lexington Police began with Detective Adams...
Detective Adams was recently suspened without pay for infractions that should bring her credibility into question. I have received, through the Freedom of Information Act, her administrative disciplinary case file. Her fellow officers made a list of complaints and allegations about her as follows:
Detective Admas has failed to adequately perform her duties as an investigator. During a review of her case assignments from 2008 to the present (May 18, 2010), several deficiencies were discovered to include:
* Failure to folow up investigative leads concerning suspects in custody for a series of robberies in Tennessee wherein the suspects confessed to similar crimes in Lexington.
* Retaining an evidenciary video recording of a robbery in her desk for over 1 year before booking.
* Failure to make contact with victims in many of her assigned cases.
* Failure to perform routine follow up in many of her assigned cases.
* Failure to file follow up reports documenting investigative actions taken in many of her assigned cases.
The panel and the Lexington City Council voted to suspend her without pay from November 29th through December 3d, 2010. She was relieved of all police credentials and division-owned equipment. Her right to carry a concealed weapon, make arrests and all other law enforcement duties were removed. She was also ordered to participate in an Employee Development Program.
You or I would be fired at our jobs for these types of infractions. Her credibility in accusing Pleas in this case is now offically zero. Is the video from her desk the missing video from the bus station? Some corrupt and incompetent police officers are handed down slaps on the wrist as they continue to abuse the rights of innocent people. Others do their best to keep us safe while defending themselves from the image that bad apples create. White collar criminals get probation for stealing hundreds of thousands of dollars while the average man can hardly afford the legal fees to prove his innocence.
This system is broken unless we stand up and demand a better one. One way is to celebrate those in politics, government and our courtrooms that wish to do the will of the people. Another is to visit the courtrooms and show support for those falsely accused or harassed by police officers with a grudge to settle.
I've been in Mr. Kavanaugh's position before and the selfless support of friends and family was the miracle in my life that kept me going. Please help me support a U.S. citizen, Pleas Lucian Kavanaugh, on Wednesday at 8:00 AM in Lexington. If you cannot attend the trial, will you leave your support in the comments section? I hope to fill the courtroom with supporters and make a statement to a court system that is in need of a facelift.
I'm not calling for a revolution or all out riots in the streets. No, not yet, but I do think that we need to become more active in politics and our government. Over-zealous prosecutors and corrupt police officers are a big problem in this country and a great place to start if we want this country to return to the great symbol of freedom it once was.
Join me and the folks at We Are Change Ky and Lexi-Leaks as we start a silent protest by attending the trial of Pleas Lucian Kavanaugh on Wednesday, February 23d at 8:00 AM in courtroom 2.
Copyright ©Christopher Hignite 2011 All Rights Reserved. Feel free to copy and promote this article on any site. Please provide a link to the original article.
For more of the article:
Continue reading on Examiner.com: Ready to revolt? Start in the courtrooms. - Lexington courts | Examiner.com http://www.examiner.com/courts-in-lexington/ready-to-revolt-start-the-courtrooms#ixzz1EafqrAqQRiots, revolts and revolutions are the talk of all of the media outlets these... more
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The snow came early this year. Just as the 25 days of the Christmas season had begun Kentucky got a blanket of white. More than usual I'm in the Christmas spirit this year. However, too many of us will sit in jail this Christmas. Worse, some will sit in jail even though they will later be found innocent of the charges.
I have followed the original arrest, subsequent hearings, blogs, and further arrests and hearings of Pleas Lucian Kavanaugh. Most recently his bond was revoked and he was ordered to jail until his court date on February 23d. Pleas will spend Christmas in jail for exercising his First Amendment right to voice his case and his concerns over his ongoing police harassment. It's Christmas in jail when they deny your bail.
Every time I look at my Christmas tree and work on decorating the house I can't help but thinking about Pleas. Pleas is a good man, an innocent man. Pleas has friends and family who are missing him right now. Stress and worry dominate their lives during a time meant for peace and love.
Pleas does not deserve to be punished for blogging about his situation. Prosecutor Gullette didn't like what Mr. Kavanaugh was saying and called a hearing on December 16th to do just that.
I can identify with Mr. Kavanaugh. While I was going through the heaviest of my police harassment, I was conveniently arrested and jailed for several years on falsified charges on the 23d of December. I was usually held until after midnight on the 24th. I could go all year without a false arrest but year after year I would get arrested on December 23d. In my case, December 23d is not just two days before Christmas, it is also my birthday. Stop a minute and think about everyone else who was affected by this harassment. My friends and family couldn't enjoy the holidays because they were worried and spending all of their money arranging bond. My attorneys were stressed out and my minister would try to continue believing his sermons and loving everyone regardless.
Lucian's friends and family feel the pain of his continued harassment by the Lexington Police Department. But even worse, they will have to spend Christmas without him. They will have to think of Lucian eating jail food and sleeping on cold concrete when they should be sharing the 'reason for the season'.
What is the reason for the season? All religions, races, creeds and types of people have varying ways to identify why they celebrate. However, I think we can all overwhelmingly agree that during this season we try to do what's right for others and think less about ourselves. We try to be nicer, to do what's right and to make other people happy.
Lucian's friends and family have been working hard to try to bring him home for the holidays. Defending yourself from a criminal accusation is expensive. I recently received a message from his friends informing me of his situation with attorney's fees. Here is a portion of that message:
"I managed to hire one of the best attorneys in Lexington to represent him however we need to raise funds to cover the attorney fees. I and his brother contributed almost 13 of the fees but it is not enough. We have a deadline which is the 15th of december and I was wondering if there is any chance you might be able to publish his paypal account information in your blog and support us by getting our fund raising heard by as many people as we can."
"It could have been any of us. We all Stand for freedom of speech, we are all against racism, brutality and cruelty. We all stand for human rights. A pack of cigarettes $4.29, Parking in downtown lexington $3.00, Beer $2.00-$3.00, we have hundreds of people in our friend lists. If everyone contributes few bucks, not much. $5.00-$10.00!!! you can help an innocent person to live his life freely...it could have been any of us"
You can follow along with the progress on this case here.
Please consider donating to Lucian's legal fund here.
I know that it's now uncool and politically incorrect to refer to Jesus and Christianity among intellectuals today but it's Christmas and if Linus can do it then I'll take that chance.
During the making of the animated Christmas classic A Charlie Brown Christmas, Peanuts creator Charles Schulz had a meeting with Lee Mendelson, the show's producer, and Bill Melendez, its lead animator. The discussion concerned Schulz's insistence about including a New Testament scripture reading of the Christmas story from the Bible. The scripture reading was to be spoken by Peanuts character Linus Van Pelt in response to Charlie Brown's lament, Isn't there anyone who knows what Christmas is all about? Mendelson and Melendez both voiced their concern about the reading, with Melendez telling Schulz, "It's very dangerous for us to start talking about religion now." Schulz answered him by saying, "Bill, if we don't, who will?" In the end, the scripture reading was retained, and the CBS special was the second-most watched show of the week when it debuted on December 9, 1965, just fourteen days before I was born.
Linus' King James' version scripture reading from Luke 2: 8-14, read:
And there were in the same country shepherds abiding in the field, keeping watch over their flock by night. And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid. And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people. For unto you is born this day in the city of David a Saviour, which is Christ the Lord. And this [shall be] a sign unto you; Ye shall find the babe wrapped in swaddling clothes, lying in a manger. And suddenly there was with the angel a multitude of the heavenly host praising God, and saying, Glory to God in the highest, and on earth peace, good will toward men.
That's what Christmas is all about, Charlie Brown.
Whatever your "reason for the season" would you consider donating any amount no matter your ability. Any amount will help.
You could turn you head, fidget with something or distract yourself in some way. We've all seen others do it when they walk past the Salvation Army bell ringers. Maybe we're guilty of doing it ourselves. I try to remember to bring something for the kettle after catching myself doing it.
Lucian has a history of harassment by the Lexington Police Department and currently is working on a civil case against them. Much of his current trouble is a reaction to this. HIs current incarceration was merely a move to punish him for shedding light on his case.
In Joshua 10:8, 12, 13, Joshua was concerned because he was surrounded by the enemy and if darkness fell they would overpower them. So Joshua asked the Lord to make the Sun stand still! Like Joshua, Pleas Lucian Kavanaugh felt concerned that if he did not shed light on his situation, he would be overpowered by the enemy. Lucian was protecting himself. For that, without our help, he will have to spend Christmas in jail. I'm not asking for the Sun to stand still. I'm merely asking for your prayers, support and, if you have the ability, your help with a small donation to his legal fund.
Will you please join his Facebook page and visit Paypal to donate whatever you can to his legal fund. Whatever your religion, it's the Christmas, Kwanzaa, Hanukkah thing to do.
If you cannot donate would you consider helping get the word out?
Visit original article for links regarding this article.
http://www.facebook.com/event.php?eid=206434750876 Pleas Facebook page
Paypal link: https://www.paypal.com/cgi-bin/webscr?cmd=_donations&business=XZS93JTW7SSQ4&lc=US&item_name=Pleas+Kavanaugh+Legal+Help%21¤cy_code=USD&bn=PP-DonationsBF%3Abtn_donateCC_LG.gif%3ANonHosted
Christopher@wearechangeky.comThe snow came early this year. Just as the 25 days of the Christmas season had begun... more
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A Lexington, Kentucky judge has placed a man in jail without bond for blogging about his current and most recent court case. Prosecutor, Bobby Gullette, from neighboring Nicholasville, spotted Lucian's blog and immediately filed for a hearing asking that Kavanaugh be detained and punished for expressing his right to freedom of speech. At issue, in addition, was a warrant for Lucian's arrest that was carefully arranged through creative scheduling and re-scheduling by Gullette.
Pleas Lucian Kavanaugh was falsely accused and acquitted of a crime in Lexington, Kentucky. Kavanaugh then filed a civil case against the city of Lexington. From that time Lucian has been keeping a careful watch and low profile due to constant harassment from the police department.
The most recent case is an obvious case of false arrest. The victim described a "6'4", light-skinned black dude with gold teeth, green eyes and hair". Lucian is about 5'10", medium tone skin, maintained natural teeth, brown eyes and bald. The officer who identified Lucian from this description was involved in previous cases regarding Lucian; and lost. She is currently being reprimanded for improper police work.
Here is the Motion to Revoke Bond from Prosecutor Gullette:
http://www.scribd.com/doc/44220894/Kavanaugh-Pleas-Motion-to-Revoke-Bond
It is clear by reading the motion that Gullette wishes to punish Kavanaugh for expressing his opinions about his re-occurring harassment by means of his blog and internet news sources such as Examiner.com.
Please read the First Amendment and subsequent Supreme Court decisions so you may understand why this is a dangerous precedent being set by Lexington Judge Ernesto Scorsone and Prosecutor Gullette.
CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.
The Bill of Rights to the U.S. Constitution was ratified on December 15, 1791
“Censorship reflects a society’s lack of confidence in itself. It is a hallmark of an authoritarian regime . . . .” — Supreme Court Justice Potter Stewart, dissenting Ginzberg v. United States, 383 U.S. 463 (1966)
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.” — Supreme Court Justice Robert Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
“First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.”—Supreme Court Justice Anthony M. Kennedy, Ashcroft V. Free Speech Coalition
“Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears.” — U.S. Supreme Court Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U. S. 357 (1927)
Lucian is being held without bond until February 23d, his court date, primarily for expressing his beliefs about his current and past encounters with the justice system online. Freedom of Speech extends to the internet equally the Supreme Court has ruled.
In a 9-0 decision, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, a decision which struck down portions of the 1996 Communications Decency Act, a law intended to outlaw so-called "indecent" online communication (that is, non-obscene material protected by the First Amendment). The court's decision extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet. Congress tried a second time to regulate the content of the Internet with the Child Online Protection Act (COPA). The Court again ruled that any limitations on the internet were unconstitutional in American Civil Liberties Union v. Ashcroft (2002).
Kavanaugh's incarceration will cost the taxpayers about $60 per day or a total of $5640. In today's financial climate it is not only unnecessary but fiscally irresponsible to incarcerate those that pose no threat to society and are not a flight risk. Lucian's appearance November 19th at 1:00 PM for this hearing shows he had no intent to flee, evade or miss his court dates.
With this in mind it can only be concluded that Prosecutor Gullette's intent is not to ensure that Kavanaugh appears by revoking the bond and incarcerating him until his court date. Rather, it seems, Lucian is being punished for expressing his Freedom of Speech and publishing his story in his blog, Facebook and on various newsites. This effectively makes the First Amendment merely a piece of paper containing ideals that may or may not be followed by our current justice system.
The jail's website has Lucian listed without a release date. In order to view the inmate you must register, enter your name and e-mail address before you are allowed access. Then go to the Public Records link and click on the Current Population drop-down tab. Next, enter Kavanaugh in the search engine.
I assume this technology could be used to track visitors to inmates accused of crimes and then perform intel on their friends (associates). I assume this because I visited Lucian's page twice yesterday and attempted to perform a screenshot for my story. I have now been locked out of the inmate page on the site. This may be temporary but it sure caught my attention.
Lucian needs your help. America needs your help. Justice needs your help. We cannot sit idly by while our freedoms and rights are continually trampled on by a government gone astray.
Don't think this can't happen to you? It happened to me, Debbie Wardlaw, Glenn Doneghy and Pleas Lucian Kavanaugh to name just a few.
Please make your voice heard. I have contacted Rev. Al Sharpton, Rev. Jesse Jackson, the Rainbow Coalition and the NAACP. I will continue to contact civil rights organizations and legal representatives until justice is served.
Will you do your part and contact these organizations and others and let them know that the First Amendment must not be violated?
Freedom of Speech is essential in a free country and punishing the accused for voicing their case is a gross violation of this right.
“Almost all human beings have an infinite capacity for taking things for granted.” — Aldous Huxley, author of Brave New World
Don't take your freedom for granted. We must stand up for our rights even when we are not directly involved. Make a call or write a letter and demand that Lucian be set free until he can prove his innocence in a courtroom.
Lexington City Council: councilmembers@lfucg.com
Judge Ernesto Scorsone: 859-246-2531 or write
Circuit Judge
Robert F. Stephens Circuit Courthouse
120 North Limestone
Lexington, KY 40507
Rev. Al Sharpton: email: info@nationalactionnetwork.net (on subject put: Attention Reverend Al Sharpton.)
Phone # 212-690-3070
Write a letter:
National Action Network
106 W. 145th St.,
Harlem, New York 10039
Rev. Jesse Jackson: Email: info@rainbowpush.org
Rainbow PUSH National Headquarters
Chicago
General: 773-373-3366
Constituent Services: 773-256-2723A Lexington, Kentucky judge has placed a man in jail without bond for blogging about... more
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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-ernesto-scorsoneI have been following the false arrests of Pleas Lucian Kavanaugh for some time now. I... more
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Oh the games the courtrooms play.
In my article, Please ponder this plea from Pleas, I offered you the first tale from Pleas Lucian Kavanaugh. Lucian details the continual history of his encounters with false arrests stemming from a failed attempt to convict him on an original charge. This is a tale I personally know too well. Unfortunately, the continuing story also details courtroom tricks and harassment techniques that I have also personally experienced and documented others experiences.
Lucian has given me permission to re-post his most recent blog detailing his current situation with the Central Kentucky legal system. Here is Lucian's current struggle:
There must be something in the water at the Lexington Fayette Urban County Government.
I had a court appearance last Thursday. This time before presiding Circuit Judge Ernesto Scorsone regarding the instance where I was that 6'4" light-skinned black dude with gold teeth, green eyes and hair who tried to kidnap some pregnant chick in the middle of the Downtown Lexington Transit Center in broad daylight, but managed to avoid every single one of the sixteen cameras comprising their multimillion dollar, state of the art security system.
You heard me...Somebody remind me to add shapeshifting ninja to my resume. Here's a refresher for you amnesiacs. (Attached video)
So I'm standing in front of Scorsone with my two public defenders, Chris Tracy and Chad Butcher.
My previous attorney, David Zorin and I parted ways for reasons we most certainly won't agree upon. He thinks we parted ways because I couldn't afford his tab. And I think we parted ways because I was better off with the public defenders.
Incidentally, I got drunk with him a couple of weeks ago and he expressed some interest in pursuing another civil suit against the City of Lexington for ruining my life the last five years. I indulged the conversation because he's good company - plus, he was buying the drinks, so what the hell - but I'm pretty sure I'm better off seeking competent representation elsewhere.
Anyway, we're standing before the judge; me and my two guys, but the specially assigned prosecutor from Nicholasville, Robert Gullete Jr., otherwise known as plain old Bobby Gullette, is nowhere to be found, which isn't, actually, unusual. I used to think it bizarre that he could just elect not to appear like he was skipping first period, but have since come to expect his absences because he's only attended maybe two appointments since I got charged with this nonsense last December and it's starting to get under my skin because every time he doesn't show, Scorsone just shrugs and schedules another appointment for me as if I have nothing better to do with my time than brighten the courtroom with my pretty face.
Where in the hell did my speedy trial run off to?
Follow the rest of the story at: http://www.examiner.com/courts-in-lexington/another-close-encounter-of-the-judicial-kind-by-pleas-lucian-kavanaughOh the games the courtrooms play.
In my article, Please ponder this plea from... more
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I make my return to writing here with some rather intriguing news of criminal harassment by the Lexington Police on several levels. My 'vacation' was not by choice but rather by cyber-attack. After my campaign bringing up implications of murder committed by Lexington Police officers and the coincidental death of an officer on the job during that time I was sent a virus. The virus and a key-logger attack were done to my computer by way of a Facebook invite by a member of the slain officer's family and the key-logger attack came straight from the Lexington Police Department forensics department. More recently, my articles here bringing attention to racism and corruption in the local court system invited more cyber-attacks. I will continue to fight against corruption in government and to bring you all of the information; the truth no matter where that leads.
Recently, I received a letter I had requested from Pleas Lucian Kavanaugh describing the police corruption and harassment he has gone through in Lexington. His story is identical to mine and others. The stories just take place with different people in different places but the patterns are the same. Lexington has a fraternity type of police force that has gotten away with too much for too long and now believes it can do as it pleases to anyone it chooses.
Please listen to this plea from Pleas Lucian Kavanaugh and do what you can to help him. Feel free to contact me with any information you might have to help his case, my past cases or the murder of Deborah Wardlaw. Confidentiality, as always, is assured.
Pleas Lucian Kavanaugh:
While it might be beyond my ability to convey a respectable version of my dilemma in this small allotment, I wish to emphasize from the onset that the affects of what has happened to me cannot be understated and that if this account is somewhat beyond the standard length, it is so for the depth of the actions taken against me by a power well beyond my capacity to contend with.
As such, I would implore that my circumstance be given attentive and thorough consideration as I am, quite literally, under the most oppressive and sweltering attack at the hands of the Lexington Police Department; an attack which I fear will not end until either I have been unjustly incarcerated, murdered or until such time as responsible parties are held accountable for a most egregious affront to liberty, justice and all things idealized by civilized humanity.
Let the facts be submitted to an impartial eye.
Please continue reading at the link:
Christopher Hignite
Lexington Courts Examiner
Monkey Films on Current TVI make my return to writing here with some rather intriguing news of criminal... more
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