tagged w/ ernesto scorsone
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 Most recently his bond was revoked and he was ordered to jail until his court date on February 23d.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
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:
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: email@example.com
Judge Ernesto Scorsone: 859-246-2531 or write
Robert F. Stephens Circuit Courthouse
120 North Limestone
Lexington, KY 40507
Rev. Al Sharpton: email: firstname.lastname@example.org (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: email@example.com
Rainbow PUSH National Headquarters
Constituent Services: 773-256-2723A Lexington, Kentucky judge has placed a man in jail without bond for blogging about... more
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
Racism may be more common in the Deep South but the court system has remained unchanged in the North and the South.
Lexington Kentucky and Vail Colorado are 1182.37 miles apart when talking about distance. Lexington sits at 1000 ft above sea level while Vail runs between 8022 and an impressive 11570 ft above sea level. On the map Lexington sits at Latitude 38.03 N and Longitude 84.44 W with Vail appearing at Latitude 39.64 N and Longitutde 106.39 W.
However, when the subject of racism in the criminal justice system is discussed, elevation and latitude make little, if any difference. It seems in the North they're just more honest about it. Two similar criminal cases, one in Lexington and one in Vail, demonstrate this in BLACK and WHITE.
Here are the similarities:
* Martin Joel Erzinger tragically ran over a cyclist on July 3 in Vail Colorado with his Mercedes and fled the scene of the accident.
* Glenn Rahan Doneghy tragically struck a police officer in April in Lexington Kentucky with his SUV and fled the scene of the accident.
* Erzinger was later arrested at his home address.
* Doneghy was later arrested at his home address.
* Erziner alledgedly veered from his course onto the side of the road and hit Dr. Steven Milo.
* Doneghy alledgedly veered from his course and struck Officer Bryan Durman near the side of the road.
* Erzinger's victim, Dr. Steven Milo suffered extensive injuries. "Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents," Randy Wyrick for Vail Daily reported. "Over the past six weeks he has suffered 'disabling' spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident." "He will have lifetime pain," Milo's lawyer, Harold Haddon, wrote. "His ability to deal with the physical challenges of his profession -- liver transplant surgery -- has been seriously jeopardized."
* Doneghy's victim, Officer Bryan Durman, tragically died from his injuries.
This is where the stories go in opposite directions:
* Erzinger oversees over $1 billion in assets for "ultra high net worth individuals, their families and foundations," according to Worth. Erzinger is white.
* Doneghy has a criminal history, mental health history, drug abuse history and has a modest income. Doneghy is black.
Follow the rest of the article at the link: http://www.examiner.com/courts-in-lexington/american-justice-black-and-white-north-and-southRacism may be more common in the Deep South but the court system has remained... more
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