Cold 50 Cases:...... page Solving Yesterday’s Puzzles Today

KOHS’s New Security Conscious: Executivepage Director 32 Volume 4, Number 4 Winter 2005 Features

66 26

14 32

14 32 A League of Their Own Security Conscious The Kentucky League of Cities Makes a Alecia Webb-Edgington Named New Difference in the Lives of Kentucky Law Executive Director of the Kentucky Office Enforcement Officers of Homeland Security 26 72 What a Relief Effort Sexual Offender Laws Kentucky Law Enforcement Aids Team Offers 26 Recommendations to Katrina Victims Crack Down on Sex Offenders

 KENTUCKY LAW ENFORCEMENT| Winter 2005 4 Making Horses Drink 40 UNITE — Setting High Standards 5 State Needs Stronger Laws on Sex 4 Substance Abuse Treatment Plays Offenders a Vital Part in Accountability  Briefs 43 Kentucky Curbs Underage Drinking Ernie Fletcher Governor 6 Telecommunications Offers 44 Kentucky Vehicle Enforcement Leadership Training Reduces Number of Overweight Lt. Governor Stephen B. Pence 14th Annual DOCJT Coal Trucks 6 Justice and Public Safety Competition Shoot 4 In the Spotlight Cabinet Secretary 6 Albany Woman Named Honorary 46 Chief Joe Cline KSP Trooper 47 Chief Billy Minton John W. Bizzack 7 Two Kentucky Vehicle Enforcement Commissioner 48 Officers Receive National Award sheriff Ken Morris 4 New Chiefs of Police Across Kentucky Law 7 Awards Presented at Emergency the Commonwealth Services Conference Enforcement 50 Cold Cases is published by the 7 DOCJT Trains Coast Guard in Kentucky Justice and Public Driving Tactics 5 Book Review — DNA: Forensic Safety Cabinet, and is and Legal Applications 8 Paris Private School DAREs distributed free to the to Win Awards  Employee Profiles Kentucky law 68 Karen Cassidy enforcement and criminal justice 8 Finn and Betner Receive Telecom- municator of the Year Award 70 ron Godsey community.  Sexual Offender Laws 8 KSP Cadets Learn New staff: Defense Methods  DRE Pilot Program Comes David Wilkinson, Editor to Kentucky 9 Johnson Elected to FBI National Diane Patton, Coordinator Academy Association Board  Stuck in Trafficking Abbie Darst Jacinta Feldman Manning 9 Federal Agent Receives 0 KCPP Assessed Communities Narcotics Officer Award Jamie Neal Amicheli Salyer 9 Comings and Goings LEGAL 10 Blue Knights Kentucky XI Raise Contributors: Money for KLEMF 4 Crawford v. Washington Edliniae Sweat DOCJT Presents CDP Certificates  Don’t Get Lost in the Search 1 for a Missing Person 14 A League of Their Own  A Leader and His Battalion TECHNOLOGY 4 Independence Goes International  New Findings Expand 5 North Carolina Trained — Understanding of Tunnel Vision, Kentucky Bound Auditory Blocking & Lag Time  What a Relief Effort 0 Tailor-Made Technology: In-Car Digital Video Recorder 30 Kentucky Creating Program to Respond to Major Disasters 1 What’s New > Breathalyzer Source Code 31 KSA Works to Update Fee Must Be Disclosed Structure > Data Center Heads State Address all 3 Security Conscious Security Plan correspondence to: 3 DOCJT’s 100% Solution > Trolling for Predators KLEN Funderburk Building 521 Lancaster Avenue the Kentucky Law enforcement staff welcomes submissions of law enforcement-related photos and articles for Richmond, KY 40475 possible submission in the magazine. We can use black and white or color prints, or digital images. KLeN News [email protected] staff can also publish upcoming events and meetings. Please include the event title, name of sponsoring agency, date and location of the event and contact information. Printed with state funds

Winter 2005| KENTUCKY LAW ENFORCEMENT 3 Commissioner’s Column

Making Horses drink /John W. bizzack, Commissioner, department of Criminal Justice Training

Long before the invention of the automobile, scottish engi- duce little more than horses grazing behind the fence. and all neer James Watt established the measurement of power under that horsepower will be wasted. the hood of your car or truck. Often credited with inventing You don’t get horses to move forward merely by digging the steam engine, he convinced potential buyers of its value spurs into their flanks; overloading the wagon, or whistling by rating its power in comparison to the work done by horses and shouting giddy up. You can’t force horses to win, work – the usual source of industrial muscle in his day. or even drink when you lead them to a trough. Horses are Watt calculated that ponies pulling wagons in coal mines incredibly strong, but as a consequence of their strength, you and horses working in a grist mill could lift 550 pounds at can’t make them do much of anything unless they agree. the rate of one foot per second. In other words, a horse lifts Organizations are similarly strong. Like a skillful horse- 33,000 pounds one foot per minute. and that’s the figure we man, leaders seek distinctive actions from their staffs, actions use today: one unit of horsepower equals 33,000 foot-pounds that constantly move the organization forward. a controlling per minute. directive style — spurs and shouting — may deliver obedi- regardless of his methodology, the term horsepower stuck. ence, discipline and even compliance. But if you want to gal- More than 200 years after Watt coined the word, it’s used to lop toward your goals, you need something more: initiative, sell everything from lawn mowers to garbage disposals. collaboration, enthusiasm and teamwork. a leader can’t make Horsepower is a relative term. On their own, horses do anyone do these things, just like a rider can’t force his horse little or nothing. they chomp on hay and instinctively herd to drink from the trough. In fact, your horse may just stop together. they don’t look for wagons to pull, races to run, dead in its tracks. fences to jump or riders to toss saddles on their backs. Horses, achieving extraordinary results requires a blend of good aside from their magnificence in the animal kingdom, repre- staff and proactive management styles, just like winning the sent a lot of potential energy that is not of much use to anyone race takes a combination of skilled rider and powerful horse. until it’s harnessed and directed to a worthwhile goal. the right combination results in massive horsepower moving a good horse requires a good rider to give it direction. your organization forward. Likewise, a good organization requires a good leader. Your or- equally important is the attitude of the leader holding the ganization may have great people, but without the right touch reins. a staff’s performance often mirrors the expectations of on the reins, the staff — despite all its potential — may pro- its leaders. If you expect your horse to just wander through the pasture, that’s what it will do. Likewise, if you expect people to just do their assignment and go home that is likely all you’ll get. However, if you expect more, train more and encourage more active participation, you’ll be amazed how they race down the home stretch. the most effective leaders spend time listening to their people, encouraging them to make good decisions and har- nessing that outpouring of horsepower. Just give them the reins and let them focus on how to get to the finish line. (alex Hiam, Bob Nelson, Fran tarkenton, Paul Hersey)

4 KENTUCKY LAW ENFORCEMENT| Winter 2005 Secretary’s Column

state Needs stronger laws on sex offenders /lieutenant Governor stephen b. Pence, secretary, Justice and Public safety Cabinet

On august 19, I led a group of 50 bikers on a daylong motor- want to improve our laws now, before another child is raped, cycle tour of Kentucky to spread the message that the Com- tortured or murdered. monwealth must crack down on sexual offenders. the u.s. Department of Justice reports that rapists and When I brought my motorcycle out of the garage to ride it pedophiles are more likely to repeat their heinous crimes to the ride’s kickoff in Frankfort, the day looked like it was go- once they are placed in the probation system. Kentucky’s laws ing to be treacherous. the sky was dark, and rain was already regarding sexual assaults must be strengthened, particularly spattering on the pavement. the ugly weather was an appro- those regarding repeat offenders. We must do better to ensure priate analogy to the criminals I want to send a message to and that these criminals don’t have the chance to strike again. crack down on: sexual offenders who prey on our children. Governor Fletcher and I created the Kentucky Coalition We didn’t allow the weather to spoil our tour or the im- against sexual assaults to look for ways to strengthen Ken- portant message we wanted to get out. By mid-morning tucky’s laws against sexual predators. I asked the coalition to the sky was clear and the rain had moved on. We had a suc- consider several areas of the law that must be intensified to cessful day, a remarkable tour, and I hope to have the same protect our children and families. among them: success with the legislation I intend to present on sexual of- fenders.  identify the category of offenders that warrants a minimum sentence of 25 years for first offenses perpetrated against Our guest of honor during the tour, an avid biker himself, a child. was Mark Lunsford. Mark’s daughter Jessica was abducted from their home in Florida, sexually abused and brutally mur-  eliminate parole for repeat offenders. dered. Her body was found buried less than 100 yards from their home.  consider castration as an alternative for certain criminals who commit particularly heinous sexual crimes. Most of us will never know the excruciating pain Mark Lunsford has faced since his daughter’s untimely death. But  require lifetime supervision and treatment for predators. he is choosing to do something constructive with that pain: lobby for stronger laws across the country to protect our chil-  enact changes to the status given to certain juvenile of- dren. Florida passed Jessica’s Law within weeks of the trage- fenders. rights of juvenile offenders should not trump dy. But here in Kentucky, we don’t want to wait until we have the rights of their victims. the community has a right to a Jessica Lunsford case or a shasta and Dylan Groene case. We know about juvenile offenders who commit violent crimes against our children. It is time for Kentucky to join the ranks and get tougher on these heinous crimes before we have a predator strike again. In fact, we should get out in front of other states when it comes to protecting our children. all the opportunities, happiness and prosperity in the world are meaningless if our children cannot walk the streets or feel safe at home. We need stricter laws to deter and punish those who harm our families. this is part of the smarter sentencing of these criminals. We need to send a loud and clear message that sexual offenders are not welcome in Kentucky and that they will be dealt with harshly.

Winter 2005| KENTUCKY LAW ENFORCEMENT 5 /Photo submitted Briefs

n Telecommunications Offers Leadership Training /Abbie Darst, Public Information Officer ment of Criminal Justice Training. These two also gives the students the opportunity to ex- classes are part of a three-part series of lead- perience the low-ropes challenge course to ership development for Kentucky’s telecom- promote team building. munication supervisors and managers. Each “Team work is such an important issue class is specifically intended to build upon one with public safety and law enforcement,” said another in a continuing growth and develop- Elyse Christian, training instructor in the Ad- ment process. vanced Telecommunications Section. “Seeing The supervision basic class, aimed at first- that they can come from different agencies line supervisors, provides basic introduction and still put that aside and come together and to situational leadership and the role of a su- communicate effectively helps them realize pervisor. that it can be done.” elecomunications Supervision Basic and The second phase, Managing a Communi- The third part of this series is currently Managing a Communications Center are cations Center, focuses on time management being developed and should be available in Tthe first leadership-oriented classes of- and human resource management, which 2007. fered for telecommunicators at the Depart- centers on the best hiring practices. This class

n Albany Woman Named n 14th Annual DOCJT Honorary KSP Trooper

Competition Shoot t Lt. Gov. Steve Pence (right) and Team Winner: KSP Commissioner Bowling Green PD / Score: 859 Mark Miller (left) presented Melba Team Members: Brian Harrell and Gary Rich Speck with her Honorary Trooper Individual Winners: Certificate on Class A: Jim Mueller, Aug. 23. Louisville Metro PD / Score: 443 Class B: Tim Gilbert, Louisville Metro Corrections elba Speck, a resident trooper in 1974 and her son of Albany and the wid- Greg became a trooper in 1988. Class C: Jeremiah Dowell, ow of retired Kentucky He is now a captain and serves Erlanger PD M State Police Trooper Keith as commander of KSP Post 15 Combat Shoot Winner: Speck, has been named an hon- in Columbia. Speck’s grand- Jim Mueller, Louisville Metro PD / Time: 3:50 orary KSP trooper. A member son, Jeremy Johnson, became a of Mrs. Speck’s immediate fam- trooper in 2002 and is also as- Retired LEN Winner: ily has continually served as a signed to Post 15. Ted Florence (retired Paris PD) KSP trooper since the agency According to Capt. Speck, DOCJT Staff Winner: was formed in 1948. his mother has taken hundreds Blake Bowling Speck’s late husband was a of complaints by the public at member of the first KSP Acad- her home and acted as a dis- DOCJT LEN Staff Winner: emy class in 1948. Her old- patcher for her husband during Don Alwes est son, Jerry, became a state the early years of KSP.

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Briefs

n Two KVE Officers n Awards Presented Receive National Awards at Emergency Services /Bobby Clue, Public Information Officer Kentucky Conference Vehicle Enforcement ohn Conley of West Lib- Shelby Horn, director of entucky Vehicle Enforce- erty-Morgan County Jessamine County Enhanced 9- ment Officer Shannon Jwas presented with the 1-1 was the recipient of the Hal KChelf was recently award- Kentucky Emergency Num- Roger’s First Responder Award ed the National Drug Interdic- ber Association 9-1-1 Service at the conference. The award tion Award for outstanding ac- Provider of The Year award by was presented by the Kentucky complishments in networking President Wendell R. Hatfield Emergency Management Asso- with law enforcement agencies during the 2005 Kentucky ciation, KENA and Kentucky nationwide. Officer Landry Emergency Services Confer- Association of Public Commu- Collett was presented with an ence. Conley was presented nications. Horn was chosen award for his efforts to reduce the award in recognition of his because of her dedication to the drinking and driving on Ken- dedication and service to his re- 9-1-1 industry and all first re- tucky roadways. gion and KENA. sponders in Kentucky. Officer Chelf received his award at a conference spon- sored by the U.S. Department of Transportation in Orlando, Florida.

Officer Collett accepted his p Top: Ofc. Shannon award at the Mothers Against Chelf (left) receives Drunk Driving national con- award. ference in Washington, D.C. p Bottom: (left to right) MADD’s state and local volun- KVE Commissioner Greg Howard, Ofc. Landry teers nominated Officer Collett Collett and Cleve Gambil, as an exemplary officer in DUI Dep. Sec. of the Justice enforcement. He was also the and Public Safety Cabinet. p Standing L to R Tom Armstrong, KEMA president; recent recipient of Kentucky John Carpenter, Jessamine EM director; Tammy Dur- Vehicle Enforcement’s annual ing in 2004, he was the leading ham, Jessamine senior supervisor; Shelby Horn and DUI Award. With more than officer in DUI arrests for Ken- Wendell Hatfield, KENA president. 347 arrests for impaired driv- tucky. n DOCJT Trains Coast Guard in Driving Tactics embers of the U.S. Coast Guard control and other techniques. the process of equipping its vehicles with group based in Louisville completed DOCJT held the course at the Coast lights and sirens so that officers may quickly Ma two-day emergency-vehicle opera- Guard’s request. respond to terrorist attacks, pollution inci- tions course at the Department of Criminal dents and maritime casualty events on the Justice Training in November to prepare The Coast Guard mandated training water, Peelish said. earlier this year for officers who would po- them for responding to terrorist attacks and In the past, officers have not used emer- other emergencies. tentially drive vehicles equipped with lights and sirens while transporting their vessels gency-response vehicles, he said. The 14 officers in the class, most of to emergencies, said Lt. Steve Peelish of the Of the officers who attended the DOCJT whom work out of Louisville, attended 16 Coast Guard’s Group Ohio Valley, which is training, two were part of Group Ohio Val- hours of training that included classroom based in Louisville. ley’s command in Pittsburgh, while the rest instruction on legal requirements for oper- were under the Louisville command. ating emergency vehicles in Kentucky and The agency, which is part of the U.S. practical exercises in defensive driving, skid Department of Homeland Security, is in

Winter 2005| KENTUCKY LAW ENFORCEMENT  Briefs

Lykins nominated the n Paris Private School DAREs to Win Award school for the award, which is the usual process for nomi- private school in Paris has been named St. Mary, which has 145 students, has nations. Kentucky’s “DARE School of the Year” been involved with the DARE program Afor the 2004-2005 school year. since 1988, said Paris police officer Mau- He visits with classes in each grade at St. Mary, from pre-kindergarten through The Kentucky DARE Association select- rice Lykins, who is the DARE officer at St. eighth grade, but concentrates on one fifth- ed St. Mary School for the award because Mary. grade class. of the strong support the program has Per capita, St. Mary is among the small- received over the years from the school’s er schools that have won the DARE award, DARE, which stands for drug abuse re- staff, students and parents, said Kentucky Crumpton said. Outnumbered by public sistance education, is a drug abuse preven- State Police Sgt. Phil Crumpton, state schools, it is also rare for a private school to tion/education program for elementary, DARE coordinator. receive the honor, he said. middle and high school students.

n Finn and Betner Receive n KSP Cadets Learn New Telecommunicator of the Defense Methods /Les Williams, Public Information Officer Kentucky Year Award State Police /Abbie Darst, Public Information Officer entucky State Police Cadet can be learned in a relatively Class 84 was the first class short period of time,” explained her address and Kto be exposed to Krav Maga Capt. Tim Lucas, commander could only give fighting techniques. of the KSP Academy. “The tech- vague informa- niques are easy to retain and Hebrew for “contact combat,” tion as to where can be performed under stress she lived. As Finn Krav Maga is the official self-de- against both armed and unarmed began asking the fense and hand-to-hand combat attackers.” child questions system employed by the Israeli Defense and Security Forces since Krav Maga is currently in use trying to identify by more than 150 law enforce- p Left: Ryan Finn where the child and her mother 1948. A highly refined street- fighting system, it has only one ment agencies throughout the p Right: John Betner were located, Betner began U.S., including the FBI, ATF, objective: to eliminate threats in searching maps and databases the U.S. Treasury Dept. and Im- the fastest way possible. adcliff Police Department based on the information Finn migration Service, the Drug En- telecommunicators Ryan was getting from the girl. “Krav Maga is a modern, real- forcement Administration, the RFinn and John Betner were Finn and Betner made nu- ity-based training method which Coast Guard and the New York recently honored as Telecom- merous attempts at locating the features simple movements that City Police Dept. municators of the Year at the child’s home such as having the Kentucky Emergency Services child read off the license plate t Cadet Ed- Conference banquet. of a nearby car to having offi- ward Jones, of Albany, Ky. (left), Finn and Betner received cers drive around with sirens on and Cadet Don- the award for their handling of and asking the child if she could ald Bowman, of an emergency medical call that hear them. After nearly 50 min- Murray, Ky. (right), sent local police and EMS on a utes, the telephone company participate in Krav search throughout the city. was able to trace the call, and Maga training at the Kentucky State The call was received from the mother, who had become Police Academy in a 7-year-old girl whose mother ill and incapacitated from pre- Frankfort. was unconscious. The child, scription medicine, was saved, new to the area, did not know later released and is well.

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Briefs

n Johnson Elected to FBI Comings & Goings National Academy New Employees Ken Morris was promoted Association Board Amicheli Salyer to Law Enforcement Train- began work on 08/01/05 ing Section Supervisor in OCJT National Academy at Quantico, as a program coordinator in the General Studies Sec- Train- Virginia each year. The 10-week the Office of Communica- tion on 10/01/05. Di n g course covers such topics as: law, tion. Gina Smith was promoted D i r e c t o r leadership development, com- Transfers to Law Enforcement Train- H o r a c e munication and forensic science. Dennis Earls transferred ing Section Supervisor from the Firearms Sec- in the PT/DT Section on Johnson was recently elected When asked about his appoint- 10/16/05. to the FBI National Academy ment, Johnson replied, “It is an tion to General Studies on Association Board. The asso- honor to have been nominated 08/16/05. Goings ciation has more than 15,000 and selected by my peers in the Ande Godsey transferred Pat West retired from her from the Commissioner’s position as the Fiscal Man- professional law enforcement Kentucky chapter of the FBI Na- Office to the Informa- ager in the Administrative members. As a board member, tional Academy. I look forward tion Systems Branch on Division on 07/31/05 after Johnson will select two individu- to serving.” 10/16/05. 31 years of service. als from Kentucky to attend the David Stone transferred Jeff Burns retired from his from the Evaluation Section position as Law Enforce- to the Facilities Section on ment Training Section 11/01/05. Supervisor in the PT/DT Section on 07/31/05 after n Federal Agent Receives Promotion 19 years of service. Susan Higgins was pro- moted to Administrative Ron Dotson has resigned Narcotics OfficerA ward Section Supervisor in his position as Law En- the Records Section on forcement Instructor II pecial Federal indictments are pending 08/16/05. in the PT/DT Section on Agent on five members of the drug traf- 07/31/05. Larry Sennett was pro- SFrank ficking organization, according moted to Law Enforce- Marshal Stiltner resigned Antos of to ODCP. ment Instructor II in the his position as a Law Enforcement Instructor I the U.S. In February, Antos discovered General Studies Section on 08/16/05. in the PT/DT Section on Forest Ser- half a pound of methamphet- 07/31/05. vice was amine in a suspect’s vehicle. Fur- Abbie Darst was promot- ed to Information Officer II Terry Mosser retired n a m e d ther investigation revealed that from his position as Law Outstanding Narcotics Officer of in the Office of Communi- the organization linked to the cation on 09/16/05. Enforcement Training the Year in November during the meth was capable of delivering Section Supervisor in the Joe Jumper was promoted first Kentucky Narcotic Officers eight pounds of the drug from General Studies Section on Conference. to Law Enforcement Train- 08/31/05 after 20 years of Mexico to Las Vegas to Pulaski ing Instructor II in the PT/ service. DT Section on 09/16/05. Antos has been assigned as County every 10 days. The Drug Jennifer Rollins resigned a Lake Cumberland Area Drug Enforcement Agency, or DEA, Tamara Thomas was re- her position as a Pro- Task Force member for the Ap- has determined that this was the classified from a Printing duction Technician I in palachia High-Intensity Drug first documented case of pure Operations Administra- the Records Section on Trafficking Area for the past five liquid meth entering the United tor to an Administrative 08/31/05. Section Supervisor on years. He played a significant role States, according to ODCP. There 09/16/05. Mike Shaner resigned in bringing down two major drug are numerous indictments pend- from his position as a operations in 2004 and 2005, ac- ing in the case. Carrie Folsom was pro- Program Coordinator in moted to Law Enforcement the Facilities Section on cording to the state’s Office of The two-day conference for Training Instructor II in 09/09/05. Drug Control Policy. narcotics officers was held in Lex- the Firearms Section on 10/01/05. Michael Collins resigned Last fall, Antos and other area ington and sponsored by ODCP, his position as Program task force members seized more the Kentucky State Police, Ken- Richard Schad was pro- Coordinator in the KCPP than $600,000 worth of proper- tucky Narcotics’ Officers Asso- moted to Law Enforcement Section on 10/21/05. Training Instructor II in the ty after a 13-month investigation ciation and Regional Organized General Studies Section on into a domestic marijuana culti- Crime Information Center. 10/01/05. vation/distribution operation.

Winter 2005| KENTUCKY LAW ENFORCEMENT  KLEMF | Memorial News KLEMF News

Blue Knights Kentucky XI Raise Money for KLEMF 2006 KLEMF Scholarship Process The third annual Blue Knights Kentucky XI Law Enforcement Memorial Ride on The Kentucky Law Enforcement Memorial Foundation will award September 10 included 184 registered motorcycles and co-riders. The event, twenty-five $1,000 scholarships sponsored by Kentucky State Police Professional Association and Wal-Mart, for the fall 2006 semester. The began at the Kentucky Law Enforcement Memorial at DOCJT and traveled to foundation has increased the amount to $2,000 for family the Kentucky Horse Park. survivors of officers killed in the line of duty. Applications will This year’s memorial ride raised $3,410, which was donated to the Kentucky be accepted March 1 through Law Enforcement Memorial Foundation through the 2005 Kentucky Employee’s June 30, 2006. The scholarship Charitable Campaign. The Blue Knights Kentucky XI have donated a total of criteria and application form J are available on the Web site, $10,340 to the memorial foundation in the last three years. www.klemf.org, or contact the foundation at (859) 622-2221. For information about the Blue Knights Kentucky XI call Joe Gilliland (859) 622-5073. For information regarding the memorial foundation call Linda Renfro (859) 622-2221. Ceremonial Bugle The Kentucky Law Enforcement /Photos by Amy Reister Memorial Foundation purchased a ceremonial bugle to be used for memorial services and is available to Kentucky’s law enforcement honor guards. The bugle was used at the May 2005 memorial service conducted by the foundation and the Department of Criminal Justice Training. A law enforcement agency has also used it for a funeral service. If your agency would like to use the bugle please contact the foundation at (859) 622-2221.

2006 KLEMF Memorial Ceremony The 2006 memorial service will be held on May 18. There will be more information in the next issue.

Updates for KY COPS Events Kentucky’s Concerns for Police Survivors would like to keep you updated on events through mail or e-mail. To be added to the KY COPS mailing list, contact Brandi Mundo at [email protected] or write to KY COPS, P.O. Box 20606, Louisville, KY 40250-0626.

Thacker appointed Benefits Coordinator Jennifer Thacker was recently appointed benefits coordinator for KY COPS. Thacker will serve as a resource for the law enforcement community and survivors with comprehensive and up-to-date information on line-of-duty death benefits. Contact Jennifer Thacker at [email protected] or (502) 493-0726 – home phone, (502) 494-4246 – cell phone. n

10 KENTUCKY LAW ENFORCEMENT| Winter 2005 n Mounted law enforcement officers from Kentucky and surrounding states participated in specialized “Mounted Search and Rescue Training” exercises in October at Kentucky Horse Park.

11 KENTUCKY LAW ENFORCEMENT| Fall 2005 Fall 2005| KENTUCKY LAW ENFORCEMENT 11 CDP Update

DOCJT Presents CDP Certificates More than 80 law enforcement officers and telecommunicators earn Career Development Certificates /DOCJT Staff Report

Two certificates were awarded for the first time during munity College and a bachelor’s degree of science from the last quarter. Western Kentucky University.

Ricky Harris, of the Murray Sarah Frost, of the Lawrence- Police Department, and Paul burg Police Department, earned Nave, of the Daviess County the first Intermediate Telecom- Sheriff’s Office tied to be the first municator Certificate. This to earn the Telecommunication certificate requires at least three Director Certificate. This certifi- years of experience as a telecom- cate requires a minimum of two municator and completion of 48 years director experience with a hours of core courses in customer bachelor’s degree or a minimum service, team building, cultural p Sarah Frost p Ricky Harris of five years experience with no awareness and advanced EMD. college degree. It also requires completion of the course The amount of education required is dependent upon Managing a Telecommunication Center, plus an additional the years of full-time experience. To earn this certificate, 40 elective hours of supervisory/management courses. an individual must also hold a Basic Telecommunicator To earn this certificate, an individual must also hold the Certificate. Frost has been with the Lawrenceburg Police Telecommunication Supervisor and Basic Telecommunica- Department for three years. She attended Transylvania tor certificates. University for two years. She completed the Basic Tele- communications Academy in 2002. Since then she has Harris has been with the Murray Police Department for had several professional development training courses 20 years, 15 as a supervisor. He has bachelor degrees at the Department of Criminal Justice Training. Frost is in criminal justice and psychology from Murray State also a paramedic with the Anderson County EMS. She University. He has completed approximately 500 hours received her paramedic’s license in 2004. of telecommunications training from the Department of Criminal Justice Training. He is a graduate of Graduate The Career Development Program is a voluntary program Leadership Murray and of the Murray State University/ that awards specialty certificates based on an individual’s U.S. Tobacco Agriculture Leadership Development Pro- education, training and experience as a peace officer gram. He is the secretary and charter member of Mur- or telecommunicator. There are a total of 14 profes- ray-Calloway County Crimestoppers Inc., Past Master of sional certificates, nine for law enforcement and five for Temple Hill Masonic Lodge No. 276 F7AM and Chairman telecommunications. The variety of certificates allows a Calloway County Ethics Committee. person to individualize his or her course of study, just as someone would if pursuing a specific degree in college. Nave began working part time for the Morehead State University Police while attending college. The Kentucky Law Enforcement Council congratulates After graduating, he was hired the following individuals for earning career development at the Daviess County Sheriff’s certificates. Office as a part-time dispatcher Advanced Patrick Flaherty, Florence and worked his way into a full- Deputy Sheriff Police Department time position. He has held several Clayton Spencer, Lee Jason Kegley, Cincinnati/ positions in the agency and was p Paul Nave County Sheriff’s Office Northern Kentucky Airport eventually promoted to Daviess Police Department Advanced Law County 911 director. Nave has an associate’s degree of Michael Kraft, Covington Enforcement Officer science from Morehead State University, an associate’s Police Department Tom Bustle, Danville Police degree of arts from the University of Kentucky Com- William Maurer, Covington Department Police Department

12 KENTUCKY LAW ENFORCEMENT| Winter 2005 CDP Update

Joseph Monroe, University Marsha Farmer, Logan Police Department Law Enforcement of Kentucky Police County 911 Jennifer Whitehurst, Officer Investigator Department Cayla Flannery, Shelby Bowling Green Police Farrell Barnes, Montgom- Patrick Swift, Covington County 911 Department ery County Sheriff’s Office Police Department Amy Frank, Shelby Lindsey Wilcox, Kentucky Hugh Fuller, Paris Police County 911 State Police Department Basic Sara Frost, Lawrenceburg Holly Willingham, Bowling Anthony Gray, Danville Telecommunicator Police Department Green Police Department Police Department Mary Abrams, McLean Stacy Halter, Bowling Steve Wilson, Bowling David Howe, Murray Police County 911 Green Police Department Green Police Department Department Sheri Allen, Shelby Andrea Husk, Daviess David James, Morehead County 911 Intermediate Law County Sheriff’s Office State University Police Natalie Alsup, Daviess Enforcement Officer Irene Irvin, Cynthiana/Har- Robert McPherson, County Sheriff’s Office John Coats, Simpson rison County 911 University of Kentucky Martha Alvarez, Bowling County Sheriff’s Office Samantha Jones, Bowling Police Department Green Police Department Patrick Flaherty, Florence Green Police Department Patrick Reis, Taylor Mill Melissa Bailey, Bowling Police Department Anthony Kent, Shelby Police Department Green Police Department Timothy Fortner, Murray County 911 Chris Ball, West Liberty Police Department Law Enforcement Gina Lockhart, Richmond Police Department Jason Kegley, Cincinnati/ Supervisor Police Department Judy Banks, Shelby Northern Kentucky Airport Bryan Carter, Covington Barbara Lucas, Berea Po- County 911 Police Department Police Department lice Department Heather Bartell, Campbell William Maurer, Covington David Finan, Covington Tiffany Merten, Bowling County 911 Police Department Police Department Green Police Department Joshua Blair, Grayson Joseph Monroe, University Jason Kegley, Cincinnati/ Melissa McInteer, Bowling County 911 of Kentucky Police Northern Kentucky Airport Green Police Department Eric Brandenburg, Department Police Department Delanna Moore, Muhlen- Richmond Police Holly Riley, Mayfield Police William Maurer, Covington burg County 911 Department Department Police Department Lori Ochocki, Bowling Tiffany Britt, Lincoln Albert Spitzer, Simpson Green Police Department Law Enforcement County 911 County Sheriff’s Office James Paris, Grayson Traffic Officer Linda Byrd, Paris Police Patrick Swift, Covington County 911 David Finan, Covington Department Police Department Megan Patrick, Kentucky Police Department John Carey, Richmond Maurice Todd, Henderson State Police Police Department Police Department Glenna Pratt, Kentucky Telecommunicator Gregory Chelf, Director State Police Intermediate Campbellsville 911 Ricky Harris, Murray Police Angela Prude, Bowling Telecommunicator Sharon Clapp, Kentucky Department Green Police Department Sarah Frost, Lawrenceburg State Police Paul Nave, Daviess County Daniel Rendleman, Berea Police Department Sherry Cole, Kentucky Police Department Sheriff’s Office State Police Paul Rogers, Richmond Law Enforcement Leora Combs, Lincoln Telecommunication Police Department Chief Executive County 911 Supervisor Casey Rothenburger, Jeffery Peek, Danville Po- Sarah Combs, Kentucky Andrea Fitzgerald, Shelby County 911 lice Department State Police Northern Kentucky Debbie Shelton, Logan John Conley, West Liberty Law Enforcement University Police County 911 Police Department Executive Department J Adam Smith, Bowling Christy Cotton, Bowling Thomas Dusing, Florence Green Police Department Green Police Department Police Department Kevin Straw, Campbell Ronnie Dobson, Lincoln County 911 Law Enforcement County 911 Jennifer Taylor, Daviess Manager Heather Fagan, Kentucky County Sheriff’s Office William Cloyd, Florence State Police Sarah Van Dorsten, Berea Police Department

Winter 2005| KENTUCKY LAW ENFORCEMENT 13 14 KENTUCKY LAW ENFORCEMENT| Fall 2005 Kentucky League of Cities A League Theirof

The Kentucky League of Cities Makes a Difference in the Lives of Kentucky Law Enforcement Officers / Story and photos by Abbie Darst, PublicOwn Information Officer

A warm August breeze swept through the dark streets he cautiously approached the bench, unsure if the strang- of Warsaw as Officer Brent Caldwell prepared to call it a er was sleeping or even breathing. Officer Caldwell called night and return home. His shift nearly complete, he was out, quickly identifying himself, as the figure stirred. As finishing his last cruise when he spotted a lone, seeming- Caldwell called out again, the stranger suddenly leaped ly abandoned vehicle in the county park. It hadn’t been up and shots rang out through the dark, thick night air. parked there earlier, he thought, so he quietly drifted Caldwell felt a piercing sensation and fell to the ground closer to investigate. His shoes crunched lightly on the both out of instinct and pain, but not before pulling the gravel as he examined the car with the harsh glare of his trigger of his gun. In a fusion of adrenaline and practiced flashlight. It was then he caught sight of a dark figure skill, his shots were accurate and the stranger crumpled crumpled on the nearby bench. Unholstering his weapon, to the ground.

or Officer Brent Caldwell of the cently received a grant from the Kentucky one of numerous services that the Kentucky Warsaw Police Department, this League of Cities toward the cost of bullet- League of Cities provides to Kentucky’s com- is more than just a bizarre tale, it is proof vests for the agency’s officers. Caldwell munities and to law enforcement agencies a nightmare that became his real- was wearing a vest purchased with the KLC across the Commonwealth. ity. In August 2002, Caldwell was grant money when the shooting occurred. “No matter if you live on Main Street or shot while on duty. Though the bullet was on “I had my own vest prior to receiving the on a mountain, more than likely a city is cen- Ftarget to pierce his liver and almost certainly one through the grant,” Caldwell said. “But it tral to your life,” said Sylvia Lovely, KLC ex- take his life, Caldwell is alive today because of was much lighter weight. I don’t know if my ecutive director and CEO. “Our schools, en- a ballistic vest he was wearing that night — a other vest would have withstood the impact.” tertainment, places of worship and businesses vest he’d worn for only one week. Offering grants for ballistic vests is just are all mostly in the city, and critical services The Warsaw Police Department had re- – fire, police, EMS – are all city based.” >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 15 Kentucky League of Cities

>> A voluntary association formed in 1927, addition to liability, KLC’s insurance services we were having were with people who were the Kentucky League of Cities represents the cover property, workers’ compensation, haz- ill trained or were poor hiring selections to interests of Kentucky cities and provides ser- ardous duty and unemployment. begin with. The way we got in that box: The vices to municipal officials. Headquartered However, the liability program soon expe- jobs were not paying much, so they couldn’t in Lexington, the KLC is one of the largest rienced problems specifically related to law attract qualified candidates. And as long as associations in the state. With more than 80 enforcement. somebody would fill the job, they were not employees focusing on areas such as advo- going to raise the salary. When we started cacy, downtown revitalization, public safety, “One of our biggest areas of liability is law paying claims, we decided right away some- financial services, insurance programs, and enforcement as you can imagine,” Lovely ex- thing’s got to happen.” economic development, the KLC provides the primary voice for cities in the Common- wealth. “One of the most fundamental things that One of the most funda- happens in a community is the basic desire for security, and so we obviously have a lot to do mental things that happen in a with public safety,” Lovely said. The KLC’s relationship with Kentucky’s community is the basic desire law enforcement community has been one of partnership and mutual benefit for more than for security. a decade. The relationship is “a kind of Catch 22, only in a very positive light,” Lovely said. plained, “because it’s where worlds collide, so Deines recalled one particular incident For instance, in 1987 the KLC answered where an untrained officer was working part the cry of Kentucky mayors who were search- things“ happen.” time and conducted a traffic stop. Due to the ing for a dependable way to obtain liability in- At the time, the only requirements for officer’s poor handling of the situation, he ex- surance for their cities. becoming a law enforcement officer in the posed both himself and the prisoner to traffic. “We offer insurance across the board for state of Kentucky were a high school diploma Both were struck and injured. everything a city does, and that’s an under- or GED, valid driver’s license and no felony convictions. “It was a huge loss to us, and it all boiled statement,” said Paul Deines, deputy admin- down to he had no business being there,” istrator for insurance and loss control, part “Pretty thin qualifications,” Deines noted. Deines said. of the KLC Insurance Services division. In “In our experiences, typically the ” problems Partially due to rising insurance claims, in

16 KENTUCKY LAW ENFORCEMENT| FallWinter 2005 2005 Kentucky League of Cities

1996 the KLC began strongly advocating formal- ized police training in Kentucky. Unfortunately, the emphasis on training “went against the grain of many of our mayors,” Lovely said. “And the reason that it went against their grain — not that they didn’t want trained police officers — but these people have limited resources to pay for lots of services that people want and demand, including police services.” But, “The Kentucky League of Cities Board of Directors said ‘It’s the right thing to do. We need to have people trained before they can carry a gun.’ And so it was, I thought, a rather brave policy for them to take on,” she added. Due to limited funds many cities simply had auxiliary police forces that did not require training. However, as a result of KLC’s advocacy for police training across the Commonwealth, law enforce- ment training became mandatory for all full-time Kentucky officers. Two years later, in 1998, KLC was also instru- mental in advocating for the Peace Officer Pro- fessional Standards act. The POPS act is a list of 17 pre-employment qualifications that govern the hiring standards of all Kentucky law enforcement officers. “Since the advent of POPS, my own view of what has happened is that we immediately got a better cut of candidates, in part because the others couldn’t meet the standards,” Deines said. “We had higher educated, more physically fit officers, which made a tremendous difference. We immediately saw the quality of law enforcement go up and concurrently the insurance claims started to go on down.” More importantly than lowering insurance from the insurance programs. Used for a wide vari- claims, better training and higher standards allowed ety of training, equipment and programs necessary officers to better protect their communities, keep- p Ballistic vests like to promote safety and excellence, these grants work the one shown above ing citizens safer. on a 50-50 matching basis. The KLC grant will pro- are just one of many “I know the cooperation between the Depart- vide half of the funds an agency needs to obtain ex- items that the Kentucky League of Cities safety ment of Criminal Justice Training, the Kentucky tra resources. One of the primary equipment items grants help provide for League of Cities and the Kentucky Law Enforce- the grants provide are ballistic vests. law enforcement agen- ment Council has promoted and enhanced the qual- “A ballistic vest application is a first priority,” cies across the Com- ity of law enforcement in the city limits, which is monwealth. A vest pur- Deines said. “We always fund those.” Cases as imme- really what we’re all about,” Deines said. “I know chased with KLC grant diate as Brent Caldwell’s in Warsaw may not happen money saved the life that we’ve affected the lives and improved the life everyday, but they are the main reason behind the of Ofc. Brent Caldwell of law enforcement who’ve also provided better prompt and unrestricted funding for ballistic vests. of the Warsaw Police services.” Department in 2002. Safety grants also help cover accreditation fees, However the reciprocal relationship doesn’t stop outside training, police/community involvement at insurance premiums and training officers. The projects and in-car video camera systems. KLC also provides safety grants through proceeds >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 17 Kentucky League of Cities

>> “We’re kind of unique in that we’ll fund a variety brings home the reality the training puts you in.” of equipment,” said Deines. The FATS has also been taken to mayor conven- Currently KLC’s safety grants have placed more tions and demonstrated to prosecuting attorneys. than 300 in-car video units. “We support law enforcement by giving the de- “Most departments really appreciate this because cision makers a chance to see what a peace officer it strengthens the role if a police officer gets the ar- really goes through,” Deines said. gument from the person of ‘I really didn’t do this’ “The greatest asset of the League of Cities is the or ‘the police officer beat the tar out of me for no capability to have qualified staff in any field of ex- reason.’ We find what really went on when we look pertise and provide any necessary information to at [the tape],” Deines said. “We think it strengthens help overcome whatever your subject matter might law enforcement and at the same time helps reduce be,” Mayor Caldwell said. “The bottom line is this is liability across the board.” the age of information technology. I think informa-

They’re hungry for people to come see them and to help them because each community has a slightly different footprint and a different need.

“ “The safety grant program is the most important tion is the key word there. They are great at provid- service that the Kentucky League of cities provides,” ing information.” Williamstown Mayor Glen Caldwell said. Part of the KLC’s ability to provide information Williamstown has received grants for ballistic and services in so many different areas and aspects vests and is currently equipping its public works are the partnerships they have formed over the people with safety lighting for their vehicles. Mayor years. Their partnership with the Regional Com- Caldwell knows first hand the benefits of ballistic munity Policing Institute is just one of several that vests. Warsaw’s Brent Caldwell is Mayor Caldwell’s demonstrates KLC’s continued commitment to son. The Warsaw incident pushed” Williamstown to Kentucky law enforcement and communities. enforce a policy that all officers wear ballistic vests According to their mission statement, RCPI’s while on duty. purpose is to encourage and enhance the imple- KLC also offers the Firearms Training System mentation of community policing in Kentucky in to law enforcement agencies around the state. The order to create safer communities through training FATS units are located in a trailer that travels to a and technical assistance. RCPI’s training is centered lead agency in a region with a good firearms in- on the development and delivery of quality law en- structor. Surrounding agencies are invited to train forcement training for police agencies and citizens on the system. The system teaches judgmental is- throughout the state. sues: how to decide when to use force, how much In the late 90s RCPI partnered with the KLC to force to use, and how an officer can escalate using create a 60-cities program promoting community the wide variety of weapons available to him. The law enforcement linkages for cooperation, involve- system also allows the trainer to vary the outcome ment and better services. The program familiarized of any scenario. local officials and residents of smaller towns about “It’s a great judgmental training device and it community policing and helped identify specific also improves communication,” Deines said. “It also problems, said Dr. Gary Cordner, RCPI project

18 KENTUCKY LAW ENFORCEMENT| Winter 2005 director. The League of Cities helped RCPI things – just making things right.” identify towns, make contacts and arrange Originally, 60 communities were selected meeting sites within the communities. to participate in the KCPP assessment pro- “KLC is well-connected in all the small cess from January through December 2005. towns that we serve, making them a very cru- DOCJT’s grant has since been extended to cial partner in Kentucky,” Cordner said. include 30 additional community assessments More recently, RCPI and KLC have col- through June 2006. Working closely with lo- laborated with the Kentucky Association of cal law enforcement and community leaders, Chiefs of Police to develop a model policies KCPP assessment teams conduct a vulner- project. The goal creates realistic model poli- ability assessment to identify a community’s cies that reflect important issues and affect weaknesses. By looking at a community as a whole instead of just looking at individual the average law enforcement agency in Ken- /Photo submitted tucky. components, local officials will be better able to allocate resources to the areas where they KLC Executive Director. Sylvia Lovely “The aim is to hit key areas that are tai- are most needed. lored to small agencies,” Cordner said. “Of- Morehead State Started NewCities ten small departments lack the administrative “These people are hungry,” Lovely said. University, Foundation, staff necessary to create policies that can posi- “They’re hungry for people to come see them Bachelor of Arts 2001 in English, and to help them because each community Awards/Recognitions tively affect the way the department serves 1973 has a slightly different footprint and a differ-  Appalachian Woman the community.” University of Kentucky, ent need. of the Year, School of Law, This is where the model policies are most 2000 useful. Providing the base policy with the “Not only do we deal with 1,000 different 1979  Top Woman appropriate language already created allows issues every day, we deal with 370 different Joined the Kentucky places across this state. They’re as different as League of Cities, of Influence, agencies to move toward fulfilling the re- 1988 2001 quirements for accreditation without spend- Louisville is from Beattyville, and so a pro- gram like this, that really takes an individual Became CEO of KLC,  Communicator ing numerous man-hours just trying to write 1990 of the Year, procedures. city and helps it grow, is great. They hunger 2004 for that.” “We are very interested in the policy pro- gram,” Mayor Caldwell said. “We have started Whether it’s through lobbying and ad- pursuing the option of accreditation, and our vocating on behalf of agencies, partnering chief has started taking the necessary steps with like-minded endeavors or providing re- – albeit small steps. In the next few years we sources and potentially saving lives through want to have an accredited agency.” grants, the Kentucky League of Cities takes every opportunity to demonstrate its loyalty In another example, KLC partnered with and support the Kentucky law enforcement the Department of Criminal Justice Training community. and other organizations to implement the Kentucky Community Preparedness Pro- Meanwhile, law enforcement officers and gram. This program focuses on the preven- officials often thank the KLC for those life- tion of hostile acts and crime in small- and saving vests. Without that resource, some medium-sized communities through a system nightmares would have become reality. of risk assessments and recommendations for “I do think about it, but I’m not going to improved security. dwell on it – I have to go on,” Officer Caldwell “I really like the program that Commis- reflected as he shrugged off his vest. “The sioner Bizzack has launched on community league’s programs are a good resource for law preparedness,” Lovely said. “We’ve been enforcement.” Without those programs, he working very diligently with him on that be- might not be alive today. cause it is a very holistic approach. It’s not just And his life attests to KLC’s dedication about terrorism, it’s about a lot of different and success. J

Winter 2005| KENTUCKY LAW ENFORCEMENT 19 Kentucky League of Cities

Supporting Steps Toward Accreditation KLC offers incentives for law enforcement agencies seeking accreditaton /Abbie Darst, Public Information Officer

The Kentucky League of Cities offers numerous incentives to law enforce- nLaw  enforcement agencies’ capabili- Law enforcement executives who ment agencies seeking accreditation ties to prevent and control crime; choose the accreditation process will through either the Kentucky As- nAgency  effectiveness and efficiency have all aspects of their operations ex- sociation of Chiefs of Police or the in the delivery of law enforcement amined. They will have made conscious Commission on Accreditation for Law services; decisions about policies and procedures Enforcement Agencies. Through law nCooperation  and coordination with that fit the law enforcement require- enforcement safety and liability grants, other law enforcement agencies and ments of their jurisdiction and will KLC will reimburse an agency for 50 with other agencies in the Criminal implement those policies and train their percent of accreditation fees. KLC will Justice System; employees appropriately. also discount a city’s liability insurance nCitizen  and employee confidence in by 3 percent, 5 percent and 7 percent the goals, objectives, policies and Accreditation does not insure that an as an agency progresses through the practices of the agency. accredited law enforcement agency accreditation process, ending with a provides better services than a non- 10 percent discount once accreditation Although accreditation is not a pana- accredited agency. It does, however, has been officially obtained. These fis- cea, it does offer several benefits: reflect that the accredited agency was cal incentives, coupled with the new carefully measured against an estab- model policies project that KLC and the nEstablishes  a credible benchmark for lished set of standards and has met or Regional Community Policing Institute evaluating agency practices; exceeded acceptable practices in law began in October, provide law enforce- n Reduces agency’s liability exposure; enforcement. J ment agencies concrete reasons to take nImproves  citizen/police relationships; the next step toward accreditation. n Increases employee input; For more information on grants nBroadens  the perspective of manag- available through KLC, contact Bill What can accreditation do for your city ers and officers; Hamilton or Patrick Dame at (800) and department? nRecognizes  an agency’s competence; 876-4552. For more information on The KLC Insurance Services Board of nImproves  property and evidence pro- the model policies project, contact Dr. Trustees recognized that departments cedures; Gary Cordner (859) 622-2344, and for that met state and national profes- nGives  guidance in correcting weak more information on liability insurance sional standards were better risks and areas; discounts contact Paul Deines at (800) opted to offer premium discounts and n Increases agency accountability; 876-4552. grants-in-aid to support and maintain n Enhances quality control. accreditation. Loss patterns clearly support this far-reaching decision. Ac- creditation offers an agency a unique opportunity to enhance its operational effectiveness and efficiency. For many agencies, a self-evaluation and com- prehensive assessment of their per- formance is an unprecedented event. Virtually every aspect of the agency’s operation is assessed during the ac- creditation process. By satisfying the KACP or CALEA standards, a law enforcement agency will illustrate that it operates within an established set of professional standards.

The KACP and CALEA Professional Standards are designed to increase:

20 KENTUCKY LAW ENFORCEMENT| FallWinter 2005 2005 Fall 2005| KENTUCKY LAW ENFORCEMENT 20 Kentucky League of Cities

trol Policy in its beginning phases. note speaker in the Dominican republic Putting a temporary hold on her de- at an international conference of women velopment of the New Cities Foun- leaders. dation, she was heavily involved in sylvia and her husband Bernie live in the 16 drug summits held across the Lexington. they have been married for 32 state. years and have two sons, ross and David. sylvia “Not only was it a major commu- a graduate of Morehead state university, nity issue –it was important for me where she is a member of the Board of re- to do if they wanted me to do it”, gents, she also graduated from the univer- Lovely said. “Frankly, incarceration sity of Kentucky College of Law and serves isn’t working just in and of itself. as an adjunct Faculty Member of the uK treatment and education are the Martin school of Public Policy and admin- lovely twin things that need to be done.” istration. KlC executive director sylvia Lovely believes in the Lovely’s first book, New Cities in amer- power of people, no matter who ica: the Little Blue Book of Big Ideas, is ylvia Lovely jokes about how she they are or where they live. she in- published by Minerva Publishing and Butler was born in city hall — but she’s spires others with this simple but powerful Books. J only half kidding. the small hos- message: Ideas that transform the world can pital in the appalachian hills of begin locally with people who care. Kentucky where she was born Lovely is a regular contributor to news- was, indeed, transformed years later into papers and publications and a featured s commentator on various tV and radio the city hall of Frenchburg, her hometown. programs, offering community solutions. Few are better suited to have such a she appeared on the “Lou Dobbs tonight” symbolic birthplace. sylvia grew up fueled show on CNN, aBC radio, CNBC’s by a drive to improve her life and commu- Power Lunch and in the Miami Herald, nity. she has risen to become a nationally Indianapolis star, Cincinnati enquirer and recognized champion of cities and realizes the Louisville Courier Journal. sylvia that it’s the power of people that creates Lovely is also publisher of positive change. City magazine. Her passion for civic engagement began she was named long before she graduated from law school. one of Kentucky’s top Now Lovely speaks across the country, en- Women of Influence, couraging citizens to take action to build appalachian Woman the kind of world and future they seek. of the Year, Com- as executive director of the Kentucky municator of the League of Cities, an association that rep- Year and one of resents the interests of Kentucky’s cities, Kentucky’s Lovely is committed to the well being and Power elite. safety of cities and the people that call them she was home. that commitment is also shown in also a key- her work as president of the NewCities Foundation, a national non-profit organi- zation that “encourages citizens to get in- volved in helping their communities thrive in the rapid technological change and global challenges of the 21st century.” Lovely also served as interim executive director of Kentucky’s Office of Drug Con-

Winter 2005| KENTUCKY LAW ENFORCEMENT 1 A Leader and His

Ba‘Blacktt Hawk Down’al Colonelio Talksn Leadership at PECC /Abbie Darst Public Information Officer

n 1993 an elite group of U.S. Army during the Department of Criminal Justice and that soldiers got it, but that some peo- Rangers and Delta Force soldiers Training’s 2005 Police Executive Command ple don’t understand what it means to be an were sent to Somalia on a mission to Course, which was held October 3 through American, to wake up every morning and be capture a violent war lord whose cor- 22. There were three one-week sessions. safe and free. rupt regime had led to the starvation McKnight served as the 3rd Ranger Bat- And that’s why he tells his story, he said. of hundreds of thousands of Somalians. When talion commander during the 1993 Somalia Ithe mission took a quick turn for the worse, As McKnight reflected on what occurred mission, which is better known today as Black on October 3 and 4, 1993, he stressed the the men found themselves outnumbered and Hawk Down since the emergence of the book literally fighting for their lives. steps that had prepared his soldiers for a com- in 1998 and the movie in 2001. bat situation. It was Col. Danny McKnight’s command McKnight served in the U.S. Army for 28 “It takes a mindset of commitment,” he during the Somalia mission and the days lead- years before he retired in January 2002. Since ing up to it that brought him into the national said. “Commitment from individuals, but also then McKnight has made it his own personal a very special thing called leadership.” spotlight as one of the Army’s best leaders and mission to ensure that every American knows a hero. But for McKnight it is strictly about and understands the price that soldiers pay Leadership does not just encompass po- the dedication and sacrifice his Rangers gave for the everyday freedoms experienced in the sitions of power or authority like those of unhesitatingly to the task set before them. United States, he said. the president or military persons, McKnight said. “I had the greatest soldiers in the world “Some people just don’t get it,” McKnight that I worked for,” McKnight said. “That’s said at the PECC. “It’s about everyday people stepping for- what leadership is all about. As a leader you ward when called on,” he said. “Because any- work for your subordinates.” Staring into the faces of peace officers who body can lead on a good day, but good leaders sacrifice for their communities daily, many are made on bad days.” McKnight spoke to more than 300 chiefs, of whom also served in the armed forces, sheriffs and other law enforcement executives McKnight said that he knew that they got it On October 3, 1993, McKnight’s battal-

22 KENTUCKY LAW ENFORCEMENT| Winter 2005 Police Executive Command Course

nal mission was called off shortly after the Ranger Battalion had been called up and packed their bags. Within 24 hours the mission was back on, but the on-again off-again order affected the morale of the sol- diers, McKnight said. Then there was the reduction of McKnight’s group from 550 sol- diers to 450, he said. Next, they were told that they would not be allowed to take an AC 130, a military aircraft with outstanding capabilities. Looking back, this was the biggest aggravation and the worst decision, McKnight said. The outcome of the mission could have been drastically changed if the gunship had been available to them, he said. To top it all off, the press was somehow notified and Connie Chung announced on the evening news that a Ranger battalion was leaving for Somalia on a secret mission– obviously greatly compromising the mission at hand. As McKnight recalled this series of poor decisions, he emphasized the attitude and leadership skills demanded of him in the face of these trying circumstances. He said this attitude of leadership began long before he or his the soldiers entered the air space above Mogadishu. It started on the first day of their training at Fort Benning, Georgia. It began with respect, the respect that the battalion had for Col. McK- night and the respect that he had for his subordinates, he said. “You do what they do and do it with them and do it from day one,” McKnight said. “You have to lead by example. Leaders are made, not born.” This level of respect is one point in a list of characteristics that make up true leadership: Loyalty, duty, respect, selfless service, honor, integrity and personal courage are true reflections of the Army’s ab- breviation for leadership – LDRSHIP, he said. ion and the other U.S. Special Operations forces went astray when McKnight defines the last of these – personal courage – as the abil- one of their Blackhawk helicopters was shot down over Mogadishu, ity to choose the “hard right” action instead of the “easy wrong.” Stick- the capital of Somalia. Outnumbered 10 to one, the U.S. forces chose ing to hard, right decisions displays one’s integrity, strengthens the to stay in the middle of the combat situation throughout the night try- loyalty of one’s subordinates and gain a leader the respect that can only ing to retrieve the bodies of the pilots of the downed helicopter. After be earned from his subordinates, McKnight said. more than 36 hours, they escaped with 18 U.S. soldiers dead. McKnight urged the law enforcement executives to serve their of- In the days leading up to the Somalia mission, there was a series ficers and sergeants through leading by example and always making of “stupid” decisions by higher ups, McKnight said. To start, the origi- the right choice, regardless of the situation or consequences. J

t Shawn Nelson and Eddie Yurek on a fly-by mission in Somalia in 1993. Approximately 450 soldiers were part of the mission that went to So- malia and fought in the battle at Mogadishu on October 3 and 4, 1993.

/Photos by U.S. Army

Winter 2005| KENTUCKY LAW ENFORCEMENT 23 t Independence Police Department’s Lt. Col. Dave Nichols and Tom Brinker in front of the Czech Police Academy in Prague.

q Prague, in the Czech Republic, was the site of the International Police Executive Sympo- sium held September 4 to 9.

/Photo submitted /Photo by Prague Tourism Bureau Independence Goes International SSL Participant Presents Paper in Prague /Abbie Darst, Public Information Officer

riting a paper for a commitment to the community. Conjunctly, the program expressed by the participants,” graduate class doesn’t Cordner was organizing a panel for the annu- Nichols said. “Executives from across the usually give some- al meeting of the IPES that focused on police globe face the same difficult issues as law en- one the credentials to and civil society or communities. forcement executives in Kentucky.” participate in an in- “Dave’s paper fit perfectly with the topic An Uzbekistan panel member’s presenta- ternational symposium, but for Lt. Col. Da- that I was pulling this panel together to dis- tion profiled a much different picture of com- Wvid Nichols fulfilling his assignment in class cuss,” Gary Cordner said. secured him a spot on the International Police munity and police relations in his country in Executive Symposium in Prague, Czech Re- Thomas Brinker, the chair of Indepen- which law enforcement and citizens are very public. dence’s CPA program, accompanied Nichols much at odds. The two juxtaposed presenta- at the symposium to discuss the programs tions made for an interesting, well-rounded Independence Asst. Chief Nichols’ enroll- which the Independence Police Department exchange, Cordner said. ment in the Department of Criminal Justice currently conduct that rely on the academy Training’s School of Strategic Leadership pro- Lt. Col. Nichols’ commitment to excel- alumni as volunteers. vided him the opportunity to attend the sym- lence and as a leader in his community culmi- posium. The SSL program provides graduate- Independence developed the Volunteers nated in being asked to share his experiences level training designed to enhance the law in Police Services program as a part of the with the Independence, Kentucky Citizen’s enforcement executive’s ability to develop as department’s ongoing commitment to com- Police Academy with the police executives a community leader as well as a police leader. munity oriented policing. Formed under the from many countries,” said Ken Morris, Classes are taught by Eastern Kentucky Uni- USA Freedom Corps, it allows residents of DOCJT supervisor and coordinator of the versity professors. the city to become more involved and assist SSL program. “He is an excellent example Nichols’ paper, written for his summer the agency in several areas including outreach and representative of the quality of law en- class under Professor Gary Cordner, profiled assistance, traffic and patrol assistance, admin- forcement and community leader being de- the Independence Police Department’s Cit- istrative duties and annual report generation. veloped through the leadership programs at izen’s Police Academy and Alumni and their “There was a great deal of interest in the DOCJT.” J

24 KENTUCKY LAW ENFORCEMENT| Winter 2005 Police Corps North Carolina Trained – Kentucky Bound Kentucky Police Corps Cadet Soon to Complete Training at North Carolina Academy /Abbie Darst, Public Information Officer

ith the outstanding training as well as support staff has done everything they can to facilities available at the De- help the cadets from out of state. They have made us partment of Criminal Justice feel right at home here in North Carolina.” Training, it isn’t often that The curriculum at the North Carolina Police Kentucky officers train out Corps Academy is extremely similar to that taught of state. However with the recent suspension of 25 here in Kentucky. The academy’s 24-week advanced WPolice Corps programs throughout the country due curriculum includes the same training and meets the to federal budget cuts, Cadet Corey Doane has found Kentucky Law Enforcement Council requirements /Photo by Prague Tourism Bureau himself doing just that – representing Kentucky at the for Kentucky officer training, said Billy Fryer, execu- North Carolina training academy. tive director of the defunct Kentucky Police Corps Cadet Doane, who is sponsored by the Lexington program. Division of Police, spent 23 weeks at the Police Corp Doane will graduate from the Police Corps acad- Academy in North Carolina – one of only two Police emy December 16. When he returns to Kentucky, he Corps programs still actively training cadets. Doane, who graduated in 2005 from the University of Ken- will be required to complete an additional 88 hours tucky with a Bachelor of Science in Business Finance, of state-specific training on subjects such as the penal will soon be following in his father’s footsteps. Michael code and basic officer skills before he begins duty in Doane served the Lexington Division of Police for 29 Lexington. years and is now with the Kentucky Department of “I have lived in Lexington all my life. I think it is Charitable Gaming. a great city where I want to continue living,” Doane “I’ve known I wanted to be a police officer since said. “Lexington has been a good city to me and my I was in high school,” Corey Doane said. “I have been family, so working there will give me a chance to around this line of work for as long as I can remember. hopefully make it even better. The department is well I understand that it is a challenging job, but also a very respected around the state as well as the nation, and I rewarding profession.” look forward to joining the team.” pDuring his training at Police Corps is a federally funded program that Doane’s training at the North Carolina Police the Police Corps Acad- provides up to $15,000 in scholarship money in ex- Corps Academy is not the only involvement Kentucky emy in North Carolina, has with the academy. Several Kentucky Police Corps Cadet Corey Doane change for a four-year commitment to a local law en- has completed several forcement agency. instructors have made frequent visits to North Caro- lina to assist in training the cadet class and offer expe- different training sce- The Kentucky Police Corps program recruited narios and team building rience and expertise to both the cadets and academy Doane during his freshman year at UK. Doane’s con- activities like those seen training staff. above. tract with Police Corps is just one of nearly 75 re- maining contracts that Kentucky must fulfill until the “We have been an integral part of their training,”

/Photos submitted officers’ four-year commitments are completed. Ken- Kentucky Police Corps Executive Director John Lile tucky also has a commitment to train one more cadet said. Kentucky staff has assisted with peer evaluations, through Police Corps. firearms and numerous other areas. Lile also serves on “The PC Academy in North Carolina has been a the Police Corps Advisory Board. great experience,” Doane said. “I am learning a lot “We volunteered quickly,” Lile said. “We all recog- and have made friends who I mostly likely will keep in nize the importance of this program and want to do all contact with for many years to come. Every instructor we can to see it succeed.” J

Winter 2005| KENTUCKY LAW ENFORCEMENT 25 Hurricane Katrina

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Hurricane Katrina

Kentucky Law Enforcement Aides KatrinaPublic information Victims offi cer /Jacinta feldman manning,

itting in his front these people and see the hurt yard, the tattered that they had,” Herald said. “It’s remnants of what was something to stand there and see once his home in the the destruction of the property background, hurricane and the buildings, but to see the ssurvivor Gary tatum talked qui- hurt and the heart, that’s what etly with a group of Kentucky touched you.” officers. Herald was one of more the Vietnam veteran said than 250 Kentucky law enforce- he and his family had never ment and corrections officers left their Gulfport, Mississippi, who braved the sweltering heat, home when Hurricane Ka- unbearable stench and ever trina pummeled the coast; the present dangers to assist in the storm’s savage destruction left recovery efforts following one them with nothing. they slept in of america’s most devastating sleeping bags on the front porch natural disasters ever: Hur- and stored what food they had ricane Katrina. Far from their in coolers on the lawn. Bluegrass jurisdictions, the of- the officers, moved by his ficers helped with everything plight, immediately wanted to from pulling stranded citizens help. they connected tatum from their flooded homes to with a red Cross official who enforcing curfews and curbing could get him a meager amount would-be looters to filling out of money to help buy the neces- paper work for the red Cross. sities that his family needed. “I am proud that so many “He said, ‘I never dreamed Kentucky law enforcement and that help would come in the corrections officers volunteered form of officers from Kentucky,” their time and talents, and put said Kentucky Vehicle enforce- their own personal lives on ment Maj. David Herald. hold, to help families in need in “that was without question Louisiana and Mississippi,” said the best moment that we had Lt. Governor steve Pence, who down there because we really is also the secretary of the Jus- got in close and got to touch tice and Public safety Cabinet. >> /Photo courtesy The Lexington Herald-Leader

Winter 2005| KENTUCKY LAW ENFORCEMENT  Hurricane Katrina

/Photo courtesy The Lexington Herald-Leader

>> Hurricane Katrina ripped Less than a week after at the end of the trip, things that we’re not trained through the Central Gulf the hurricane hit, the first the officers had helped pull to do, no one’s trained to Coast on august 29, destroy- round of Kentucky officers several people out of their do,” Boggs said. “all the ing everything in its path. It arrived. flooded homes, although rules are gone, there are just left cities without electricity, On the boats that they they didn’t know exactly people out there who need people without homes and use to patrol the Common- how many because no one some help and you got to go in some places, communi- wealth waterways, Kentucky counted. out and help them.” ties seemingly without laws. Fish and Wildlife officers “I don’t know if I would everyone in Louisiana Over the course of the fol- trolled the rivers that were have assigned someone to agreed. lowing month, officers from once the streets of New count them anyhow,” Capt. “they represented their across the nation – includ- Orleans to look for people Boggs said. “that would have ing officers from Kentucky state very well,” Louisi- who were trapped in their taken one person out of the ana Department of Wild- Vehicle enforcement, Ken- homes. field and numbers weren’t tucky state Police, Kentucky life and Fisheries Lt. Col. “Most of it was like a what we were after anyhow, Keith LaCaze said of Fish and Wildlife, Kentucky we were there to help.” alcoholic Beverage Control drowned ghost town,” said the Kentucky officers. and Kentucky Department Capt. Clark Boggs, who led Boggs said he could not “they’re well trained profes- of Corrections – descended a four-day rescue mission for express the amazing job his sionals and we’d be proud to on Louisiana and Mississippi Kentucky Fish and Wildlife. officers did. work with them again.” J to protect the communities “We would drive down the “I don’t know how to put street and look for any sign /Photos submitted by ABC, and bring back some sense it in words. excellent. su- DOC, KSP and KVE agencies of normalcy to its citizens. of life.” perhuman almost. they did

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Hurricane Katrina

n Two officers delivering water/ Kentucky Department of Fish and Wildlife Resources officers Homer Pigman (left) and Captain Frank Floyd deliver water and food to 71-year-old Jo Ann Hamilton. Officer in boat with rifle/ Kentucky De- partment of Fish and Wildlife Resources Capt. Frank Floyd pursuaded 72-year-old Irving Banister to evacuate. Boat under way with evacuees/ Kentucky Department of Fish and Wildlife Resources officers Rich Waite (rear left), Lt. Larry Estes (rear right) and ATF SWAT team member David Hall rescued three New Orleans residents by boat. Officer sitting in ruin/ KVE officer Paul Doublin is sitting at what used to be a Waffle House. Two officers talking with resident/ KVE officers (left) Sgt. David Caldwell and (right) Major David Herald talk with local resident, Gary Tatum. Officer helping with boxed supplies/ KVE officers Major Phillip Frazier helps with relief efforts. Officers walking by bus station/ Cpt. Mary Hargis-Kentucky Correctional Institution for Women and Correctional Officer William Mahuron walk by a New Orleans Greyhound bus station. KSP officers delivering ice and water/ (Left to right) Det. Randy Hunter, Trooper Larry Woods and Trooper Ryan Judd. Volunteers helping local residents/ ABC volunteers assist during Hurrricane Katrina relief efforts in New Orleans.

Winter 2005| KENTUCKY LAW ENFORCEMENT /Photo courtesy The Lexington Herald-Leader 29 Deputy Commissioner’s Column

Kentucky Creating Program to Respond to Major disasters /herb bowling, deputy Commissioner department of Criminal Justice Training

the disastrous events of Hurricane Katrina made it abundantly state law enforcement agencies, including the Kentucky state clear that local, state and federal governments must be better Police, Kentucky Vehicle enforcement, Kentucky Department prepared for catastrophes of such unprecedented magnitude. of Fish and Wildlife resources and others have the capability of It vividly displayed the urgent need to be prepared for natural responding on short notice to disasters. However, they are obvi- disasters as well as deliberate acts of devastation by terrorists ously limited in resources and personnel and could not effective- and other criminals. In Kentucky, we have taken those lessons ly handle a situation approaching the magnitude of the disaster in to heart and are preparing a statewide ready List to help first Louisiana and Mississippi. responders in any part of the state in the event of a disaster. For- In order for Kentucky to be prepared, we will develop a coor- mally, the project is known as the Kentucky Law enforcement dinated method to incorporate our local police departments and response Program. sheriffs’ offices to provide immediate response where needed. as In order for Kentucky to better prepare for a major disaster, a first step, DOCJt will compile a database of available resources we must develop a cohesive plan, a clear communications pro- from local police departments and sheriffs’ offices. Kentucky’s cess and specific guidelines that remain flexible while providing ready List will include the number of personnel, cruisers and a standardized response. equipment available (command post, crime scene vehicle, spe- unfortunately, on the Gulf Coast literally thousands of police cialty vehicles, etc.). the list will be updated twice annually in officers who volunteered their services along with numerous of- January and July. ficers who responded independently had no specific assignments ready List data will be maintained by DOCJt and provided or coordination to incorporate them effectively into ongoing ef- to the Kentucky Office of Homeland security and the Kentucky forts to protect citizens and save lives. While these heroic law Division of emergency Management for use only in the event of enforcement officers – including many from Kentucky – pro- a major emergency. to acquire these services, the local county vided invaluable services, the lack of centralized coordination judge, mayor, police chief or sheriff will request assistance from left many underutilized. KOHs or emergency Management, specifying the number of the Federal emergency Management agency (FeMa) and officers and specialized equipment needed. the request should Kentucky’s Division of emergency Management each planned to also state additional resources needed and when, where and who serve as clearinghouses for the assignments of professionals sum- the officers should report to upon responding to the area. this moned from other states. this procedure quickly disintegrated process will ensure a smooth transition to the disaster area and as the immensity of the catastrophe overwhelmed first respond- eliminate confusion. ers. the result was major confusion, primarily due to the lack of Kentucky’s ready List database could also be used for re- coordination. sponding to requests for assistance from a regional or national In Kentucky, the Department of Criminal Justice training has level. the process is straightforward: the emergency manage- assumed the lead role in ensuring a major catastrophe will be ment agency from the requesting state will make a formal re- met with a coordinated, effective response. For instance, several quest to the emergency management agency in Kentucky for a specific number of personnel and equipment to be deployed to that area. the Department of Criminal Justice training will provide as- sistance in developing and implementing this program and coor- dinating the efforts between the affected area and the responding agencies. If you have questions or would like to volunteer your agency to become part of this program please contact the Department of Criminal Justice training at (859) 622-8547.

30 KENTUCKY LAW ENFORCEMENT| Winter 2005 /Photo by Joe Wallace Kentucky Sheriffs’ Association KSA Works to Update Fee Structure /Sheriff Steven W. Sparrow, Out-going President Kentucky Sheriffs’ Association

entucky’s sheriffs face many chal- developing legislative proposals that will update the lenges every day. The public looks fee structure that supports sheriffs. Hopefully, every to us for protection through our law sheriff in Kentucky will work towards accomplish- enforcement responsibilities, while ing the passage of this very important legislation. others look to us for tax collection Legislators will listen to their sheriffs when they are purposes, transportation of prisoners, court secu- contacted. We have been very successful when sher- Krity and a whole host of other duties. Every sheriff iffs band together, and it is important that we do so in Kentucky feels a sense of duty to answer the call on this issue. to step up and provide these services to our com- munities and to do so without hesitation. Even so, I also want to acknowledge how much sheriffs many sheriffs must continue to provide these ser- and I appreciate the support of the many friends we vices with minimal staffing. have at DOCJT, and the state officials who work Sheriff Steve Sparrow from the with KSA and each of us in our own offices. Their While we have come a long way in moderniz- Oldham County Sheriff’s Office assistance has been and is very important. ing the ways in which the sheriff’s office provides is the outgoing president of the service to the public, we must continue to work I want to remind everyone that this is a great op- KSA. The incoming president is towards bringing in more fees to keep the office portunity to network with fellow sheriffs, deputies Sheriff Bruce Hampton from the running as efficiently as possible. This will allow for and state officials and vendors. Please take advan- Harrison County Sheriff’s Office. better pay for our deputies and staffs, and increase tage of this opportunity and make plans to attend. the retention of dedicated individuals. It will also The Kenton County Sheriff’s Office and the other allow them to provide for their families and futures. sheriffs in the northern Kentucky area have been An increase in fees will also allow for the purchase working to come up with many enjoyable events of up-to-date technology and other equipment. for conference attendees to enjoy after the training The Kentucky Sheriffs’ Association is currently classes conclude. J

Winter 2005| KENTUCKY LAW ENFORCEMENT 31 32 KENTUCKY LAW ENFORCEMENT| Winter 2005 Major Webb-Edgington | Homeland Security Security Conscious /Jacinta Feldman Manning, Public Information Officer

lecia Webb-Edgington was recently appointed by Governor Ernie Fletcher as the executive director for the Kentucky Office of Homeland Security. Webb-Edgington had served as the in- terim director of the office since June. A“Throughout her distinguished 20-year career in law en- forcement, Alecia has been a talented public servant with an outstanding record of achievement and a deep commitment to the cause of justice,” Governor Fletcher said. “I am confident that her extensive background and experience make her an ex- cellent fit for director of Homeland Security.” Prior to serving as interim director, Webb-Edgington was the office’s deputy director for KOHS’s Operations and Pre- vention Initiatives. In this role, she led the establishment of an information and intelligence fusion center for the Common- wealth. Previously, Webb-Edgington served as the chief information officer of the Kentucky State Police and was responsible for homeland security efforts. While serving as the highest ranking female in the KSP force, she was elected by her colleagues in November 2004 to serve as president of Kentucky Women’s Law Enforcement Network. She holds a Bachelor of Arts in Sociology and Criminology from Western Kentucky Univer- sity and obtained her master’s in Criminal Justice from Eastern Kentucky University. Webb-Edgington lives in Kenton County with her husband, Ted, and daughter, Jill. “I am a bit melancholy about having to leave the state police, but much less melancholy because I am going to an agency that is a transition,” she said. “I am not a responding law enforce- ment officer any more, but through this office I will be able to assist all those folks that I had the opportunity to work with for all those years. This office can help them get the equipment and the training they need. That’s what we’re here to do.” >>

/Photo by Kirk Schlea Winter 2005| KENTUCKY LAW ENFORCEMENT 33 Homeland Security | Major Webb-Edgington

>> How has your career in law enforcement us a blueprint for the future of our integrated who fills my shoes later to have a vision that prepared you for your new role as Ken- voice solutions. I want to see the voice solu- there may be information or intelligence they tucky’s director of homeland security? tions completed so if we have an event or just can retrieve that will help somebody solve I started my law enforcement career with our everyday work that we do, that we will a crime. The Intel Fusion Center is not just the Edmonson County Sheriff’s Department, be able to have all first responders talking to about terrorist activities; it’s about all crimes, which gave me a local perspective. Then I each other. an all-crimes approach because if we take all transitioned to the Kentucky State Police, I’ve been involved with the data solutions crimes then we get the key to the kingdom if which gave me an opportunity to work with there’s a terrorist issue. state, local and federal law enforcement of- since the day that we started this, and we’re ficers and first responders in general. Home- about to see that come to fruition. We’re cur- rently finishing the rollout in northern Ken- What issues do you think Kentucky needs to land security is policing in that it is a preven- focus on to protect itself against an attack? tucky and the rollout for western Kentucky is tion-focused initiative. Obviously, if we have I think all citizens in Kentucky must remain scheduled for May 2006. We’ll be where we an event we need to be prepared to handle vigilant. I think we’ve got to be cognizant that need to be for law enforcement officers to it and respond and recover from it, but our we have major thoroughfares running through give us mobile data and car-to-car messaging. strategic plan for this office is to prevent any our state, I-75, I-64, I-65, a conduit from the man-made disasters with an all-crimes ap- The other thing that’s critical to me besides north and the south. We have three major air- proach. the voice and data solutions is the Intelligence ports — Louisville, Lexington and northern Fusion Center that we’re creating. We’ll be Kentucky. We have the propensity, obviously, What do you want to accomplish in your able to look at data and see that information to be a safe haven for terrorists, and we must new position? coming in at real time from our data network. be cognizant that we are that. We must not get I want to see both voice and data interoper- To be able to look at all that information and lackadaisical and think that just because we ability completed. Both are huge things to analyze it, we’ll be able to get out a situation are living in Kentucky that we can not harbor look at. We’re starting our SAFECOM pro- report across the state, which we’ve never terrorists, or that terrorists cannot come here gram, which is an assessment across the state been able to do. to learn to fly or learn some criminal activity. of all the different venues that are currently So critical to our strategy is for all citizens of being utilized in voice solutions. We’ve got a When will the Intelligence Fusion Center be Kentucky to remain vigilant and to know to 150 system, 450 systems and 800 megahertz completed? contact their local law enforcement, county systems, and then there are some people who We’re going to stand up the Intel Fusion Cen- sheriff or state police, who will then forward are talking to each other on walkie-talkies. ter December 1, but I don’t think it’ll ever be that information to us. We were one of the two states chosen to re- completed, nor do I want it to be. I want peo- ple to constantly develop it. I want the person ceive an assessment at no cost that will give KOHS has hosted several terrorism exercis- es across Kentucky. What is the importance of preparing through practice? If you practice something, you will learn from your practice and in the event of an emer- gency you’ll know exactly what to do. As we exercise we see our gaps. We have partnered with the University of Kentucky to evaluate our gaps, then we re-exercise that to take care of any issues that we have, and then they eval- uate it again. And if again, we’re not where we need to be, then we’ll exercise it again. But when you have a serious event it is not the time to be learning and trying to figure out what to do; you need to know then. Sports teams don’t go on the field and decide they’re going to run a new play that day. That’s exactly the way we’re going to look at it, our team is not going to go out to an event and do some- thing totally new that was not practiced.

In August, Kentucky became the first state in the nation to complete the National Inci- dent Management System Capability As-

34 KENTUCKY LAW ENFORCEMENT| Winter 2005 Major Webb-Edgington | Homeland Security

sessment Support Tool. How will completing this officers will have the ability in real time to submit program be beneficial to the state? electronic intelligence reports as well as all of their p When Kentucky The National Incident Management System allows crime reports, incident reports and electronic ci- became the first state to for a hierarchal leadership in the event of an inci- tations. That information will synchronize on the complete the National dent. As we became the first state to complete the Incident Management hour, so if you were out working the road and wrote System (NIMS) assess- NIMCAST assessment, it told us where we were a citation, within the hour that citation will show on ment, KOHS gained a across the state with all first responders, local, the servers here at the Intel Fusion Center. I think blueprint of who needed county officials, their familiarity with NIMS and that KY OPS and mobile-data computers are going training in specific areas of expertise. what our gaps were. It also showed us who needed to change law enforcement as the utilization of voice to be trained and what training was needed. That radios did in the past. I think that’s the impact that t One of the new will give us a better blueprint. In one year, we are we’re talking about here because we are going to be going to train all law enforcement officers in this, director’s strengths able to see the crime and analyze it on a daily basis. centers on her career so I would suspect that Kentucky would be at the Before when you were dealing with paper products in law enforcement and top of the nation to be able to pull something off of the best that you could ever expect was a 20- to experience with first that magnitude. We have a very strong partnership responders across the 25-day turn around. You can’t analyze crime on data with the Department of Criminal Justice Training. state. In 2006 all law that is 30, 45, 60 days old. By that time whatever We certainly could not have done that without the enforcement officers the hot spot was is over. will have received Department of Criminal Justice Training. I feel very specialized homeland passionate about that. The Kentucky Community Preparedness Program, security training. the Department of Criminal Justice Training’s In 2006, all law enforcement officers will receive homeland security initiative, has completed nearly homeland security training through the DOCJT. all of its 60 scheduled assessments. How do you What do you see as law enforcement’s role in the think the assessments are preparing Kentucky fight against terrorism, and how do you think this communities? For the Kentucky training will help prepare the officers? To me, that is one of the premier programs that Community In addition to the NIMS training, law enforcement KOHS has partnered with. Vulnerability assess- Preparedness will receive prevention-mode training. They will ments for small- and medium-sized communities be trained on the Kentucky Open Portal Solution, Program’s most are critical to what we do here. Although a terror- which is software that will be loaded on mobile- recent assessed ist might never hit Danville or Richmond, we may data computers if their agencies have them. If agen- communities cies don’t have mobile-data computers, that’s going have a special response team call out to a facility see page 80 to be something that we’ll look to fund in 2006. in one of those cities. The vulnerability assessments Mobile-data computers are a primary focus for us. give us information that we will keep in the Intel The computers then hook to our data network, and Fusion Center and gives us vital information for those response teams to be able to take action. Even >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 35 Homeland Security | Major Webb-Edgington

>> as they are responding to the scene, we’ll be able ordinary. There’s no call that is too small. I think that to brief those folks on things such as the number everybody needs to understand that. Even if we get of entrances and exits, the type of HVAC that they the call and we look into it and it’s nothing, that’s have, the number of folks that are inside a facility at OK. I don’t want us to miss a component because one time, the type of security that they have and the someone thought it was not that big of a deal. utility companies that service that particular area. If we had an event at a school, we’ve already got all the We are looking at creating a Web service in 2006 critical information that we would need to brief the for citizens to send information to us. Currently officers going to that particular scene. folks send information to us over our Web site, but Our national strategic plan is focused on national we want to make the Web service so that we can infrastructure protection programs, which involves have more of a citizen’s intelligence report. That government building, water, sewer systems, modes will be one of our things to look for in 2006. of transportation and all infrastructures. That’s Right now we want to get law enforcement critical to what’s been done by the KCPP. Kentucky thinking totally in that mode, and then we’ll take our next step. Once we get the law enforcement of- We are not a responding ficers up and running with mobile-data computers, we also want to outfit the firefighters and the ambu- entity, we are an administrative lance personnel because oftentimes they get a call that police officers are never at, and in doing so they function that funds sources for see things that are strange or out of the ordinary. We need those folks to give us that information also. It’s response. multiple components; it’s communities working to- was out in front on that. Vulnerability assessments gether, families working together and first respond- have been done in large urban areas, but for us to ers working together. be looking at all of our cities across the Common- “ wealth, that’s huge. Are there any other issues you would like to ad- dress in your new position? The teams that are going out are vanilla, if you will, in that they’re going into these communities There is one thing that is critical that folks under- and assessing because they don’t live there. They are stand about the Kentucky Office of Homeland Se- identifying things that if we lived there we would curity: We are not a responding entity. We are an pass every day and think, “Well, that’s not that big administrative function that funds sources for re- of a deal.” Those are things that I think make that sponse. If you think about the Office of Homeland ”program unique. Security, you need to think about us, Emergency Management and the National Guard as a some- In the past there has been a lot of emphasis on what three-legged stool. If there is an event, natural responding to attacks. What can Kentucky do to work on prevention? rather than man-made, Emergency Management I go back to what I said before about citizens be- and the National Guard are the responding compo- ing vigilant. We are getting ready to kick off our nents. The Emergency Management group has 14 Citizen’s Awareness Campaign. That will be a part- regional emergency managers that go out and assess nership across Kentucky with the area development and then they report back to the Emergency Opera- districts. We will go into communities and explain tions Center, and they advise General Storm, and exactly what everybody needs to do in the event of then General Storm makes the decision as to the a natural or man-made disaster. We have pamphlets level of disaster. What we here at KOHS do is make that we’re distributing; we’re going to have some certain that they exercise and train and if they have public service announcements and videos that tell an event that they are equipped to handle every- folks what they need to do if there were an event. thing that they need. We want to prevent any kind While we’re out discussing those kinds of things, we of issue. As I said earlier we can’t prevent a natural want to stress to people to call if they see something disaster, but we have to be able to handle it if comes. strange and out of the ordinary. Our best informa- So our folks need to practice what they preach, they tion is from folks who are living in a community who are seeing things that are strange or out of the need to have their equipment and they need to be able to hit the ground running. J

36 KENTUCKY LAW ENFORCEMENT| Winter 2005 Homeland Security

Challenges of the 21st Century Badge Homeland security issues affect law enforcement across the street and around the world /Abbie Darst, Public Information Officer

“We are now part of a Paul Stephenson, deputy stables, will be better able to Wilmore Police Chief Steve global brotherhood and sis- commissioner of the London connect with and gain infor- Boven said such relation- terhood,” said Chief Alberto Metropolitan Police Depart- mation and insight from all ships are vital for law en- Melis of the Waco Police ment in England, discussed the communities they serve. forcement throughout the Department in Texas. “Our the two July terror attacks Police will pay more attention world. borders are blurring, our on London’s transit system to the female and Muslim “It makes no difference time zones are blurring and that left 56 people dead. He residents, segments of the what language is spoken or our mission is changing so talked about the shift that population that have been the color of the skin people we need to change our ap- has taken place in the way largely overlooked in the have in a society,” he said. proach.” that the Metropolitan officers past, Stephenson said. “Every country’s police agen- Melis was one of several police the city and its com- In order to tackle radicaliza- cies try to provide a line of law enforcement executives munities. tion in the Muslim faith, we order and protection that en- discussing community-ori- “Our primary purpose has need to form a dialogue with ables its citizens to live a life ented policing in the face to be to prevent the attacks Muslim communities, Ste- free of lawlessness, disorder, of terrorism at the “Police beforehand, stopping terror- phenson explained. chaos and anarchy. Although Challenges in the 21st ism at its source,” Stephen- Melis agrees. “Some people technology is very important Century” symposium held in son said. view Muslims as the prob- to combat crime and terror- ism, the main asset in the Somerset October 10 and Despite having nearly lem. We need to view them equation remains the human 11. The event was organized 48,000 staff members and as the solution because ulti- factor.” by the International Justice & a budget of more than $31 mately we won’t be able to n Safety Institute, part of the million dollars, the London do it without them,” he said. College of Justice & Safety police had to call in help after at EKU, in partnership with the July 7 attack. This was the National Institute of the first time the department Justice, Office of Science & had ever required assistance, Technology through the Rural Stephenson said. Law Enforcement Technol- ogy Center in Hazard. “We’re all used to living in dynamic circumstances,” he In an ever-shrinking world, said. “It’s the nature of our where technology makes jobs. But this was very differ- nearly every community ent and we knew we needed readily accessible, law en- to do more.” forcement agencies across the globe are confronted To get a handle on the Chief Gil Kerlikowske of the p (Left to right) Kay with the need for heightened threat of terrorism, Lon- Seattle Police Department in don Metro and many other Scarborough, EKU profes- awareness of their borders, Washington has also enacted sor; Eckhard Niebergall, their communities, who is law enforcement agencies a plan to reach out to the president of Polizeitrainer entering and how to keep around the world are turning Muslim and Arab population in Deutschland; David their citizens safe. The sym- to their communities for help, through an Arab-Muslim ad- Sylvester, deputy chief scientist at the National Fo- posium’s two panel discus- understanding that commu- visory committee. nity policing is the first step rensic Science Technology sions on counter-terrorism “Any bright spot achieved Center; and Sam Black- in crime prevention. challenges and community from 9/11 is being able to stone of Blackstone, Inc. oriented policing in the face London Metro is putting establish this relationship sit on a panel discussing of terrorism focused on how together teams to police the future issues and trends in and understanding among law enforcement during the today’s threats change the 624 political wards in the these communities,” Ker- international symposium way law enforcement inter- city. Teams each consisting likowske said. held in Somerset October acts with communities. of six officers and two con- 10 and 11.

Winter 2005| KENTUCKY LAW ENFORCEMENT 37 Homeland Security

n First responders from dozens of Kentucky agencies participated in a mock school hostage / shooting / bombing exercise in Somerset in October. “Real time practices in re- alistic situations will make Kentucky better prepared if the unimaginable should ever happen,” said Todd McCoy, Preparedness Integration director for the Kentucky Office of Homeland Security. Homeland Security DOCJT’s %

Homeland Security100 Curriculum Q & A: What to Expect /SPatrick olutionMiller, Homeland Security Course Coordinator Are there any prerequisites to attend this The following is a list of topics that will be ing within that region. course? offered during this course. Yes, you must have completed the NIMS Is it important to get scheduled into a train-  Introduction to the Homeland (IS 700) course prior to enrollment for this ing course early? Security Organization course YES! To meet the requirements to train all  Kentucky Homeland officers these courses will have a maximum NOTE: On February 28, 2003, President Security Concerns Bush issued Homeland Security Presidential enrollment of 35 students. The training will  Incident Command System only be offered in a location near you on cer- Directive-5. HSPD-5 directed the Secretary Overview (NOT the NIMS course) of Homeland Security to develop and admin- tain dates. These dates are listed in the De-  Homeland Security and partment of Criminal Justice Training 2006 ister a National Incident Management System Coordination: Legal Issues (NIMS). As part of this implementation state Schedule book. If you are not scheduled early  Information Sharing there will be no guarantee that you will be and local level efforts to implement the NIMS  Cyber Terrorism able to get into a class later in the year. J should include completing the NIMS Aware-  Agricultural Threats ness Course: “National Incident Management  Biological & Public Health Courses will be offered in the System (NIMS), an Introduction” IS 700. Contaminants following places throughout the year Compliance with this as well as other NIMS  Equipment Issues requirements were to be completed by Oc- No. of times offered  Radiological & Hazardous Location tober 2005. Materials Risks during year  Transportation System Ashland 5 Where can I get training on the required Vulnerabilities NIMS (IS 700) course?  Explosives and Non Bowling Green 10 The course can be taken on line and is free Explosive Threats Boone County 23 of charge at the following Web site (http://  Community Threat Assessment Elizabethtown 9 training.fema.gov/emiweb/IS/is700.asp).  Practical Exercises The course itself is broken into seven lessons Hazard 5 and a summary of the course content. You do Will other courses be offered by DOCJT in Henderson 2 2006? not have to take the entire course at one time. Hopkinsville 2 Also if you have had this same course in an- Yes, there will be a very limited number of other format (i.e., classroom setting) you are courses offered to meet the specialized train- Louisville 26 not required to take the course again. ing needs. However, everyone will be re- Madisonville 4 quired to have the homeland security course Morehead 2 How do I show proof that I have completed or its equivalent regardless of whether they this requirement? take another course. Murray 2 You will need to keep a copy of your cer- Owensboro 6 tificate from FEMA or equivalent proof of How did the locations and number of times completion. This will be handled by DOCJT’s the course will be presented get estab- Paducah 6 lished? registration section. Pikeville 2 The locations are based on the Profes- Richmond 51 What content will be covered during this sional Development Branch current training course? regions. The number of courses corresponds Somerset 8 to the percentage of officers requiring train- Williamsburg 2

Winter 2005| KENTUCKY LAW ENFORCEMENT 39 Operation UNITE USettingNI HighTE

S/Dale Mtandardsorton, UNITE Communications Coordinator

rom inception, the law enforce- drug epidemic. “Our focus from day one has been to ment arm of Operation UNITE UNITE officers work in conjunction with provide the prosecutors and the court sys- has focused on crafting profes- city, county and state police agencies to pro- tem with the highest quality investigations sional drug investigations. UNITE vide counterdrug initiatives in southern and possible,” Smoot said. “Too often the court- is now one of the 56 agencies eastern Kentucky. houses were full of unprosecutable drug cases accredited by the Kentucky Association of because departments didn’t have the time or FChiefs of Police and, by year’s end, its 33 de- Law Enforcement Director Dan Smoot manpower to spend developing cases. You tectives will have jurisdictional authority in said seeking accreditation was important to primarily had confidential-witness buys, and the 29 counties comprising the 5th Congres- “professionalize police work” and let commu- the videotape quality, if it even existed, was sional District. nities know UNITE is serious about battling poor. Many times the informants would run drug abuse. “When the enforcement component of off or die. That would force prosecutors to UNITE was first envisioned, the goal was to “Accreditation reflects that an agency was either amend charges or provide weak plea create an elite task force dedicated to getting carefully measured against an established set agreements.” drug dealers off the streets of our communi- of standards and has met or exceeded profes- “It would shock me if we don’t have at ties,” Congressman Harold “Hal” Rogers said. sionally accepted practices in law enforce- least 75 percent of our cases from hand-to- “UNITE has worked incredibly hard to make ment,” said Michael W. Bischoff, accreditation hand officer buys. The ones that we can’t get a that goal a reality and, with the unprecedent- manager. hand-to-hand buy on we make every effort to ed coordination of federal, state and local law “Accredited departments benefit from follow up with a search warrant,” Smoot said. enforcement agencies, is making tremendous the use of consistent and proven procedures, “This takes a lot longer, but the results are progress.” clearly outlined policies and efficient prac- better. Our conviction rate and the length of “The accreditation from KACP adds fur- tices,” he said. sentences we are receiving are phenomenal.” ther legitimacy to UNITE’s efforts and is Operation UNITE is the second law en- Assistant Commonwealth’s Attorney Da- indicative of the overall professionalism and forcement drug task force in Kentucky vid L. Dalton agreed. effectiveness of the program and its officers,” (Northern Kentucky Drug Strike Force is “UNITE officers make case preparation said Rogers, who created Operation UNITE the other) to have attained accredited status, a priority, and it shows,” said Dalton, who to empower citizen groups and community which involves an assessment of 157 standards prosecutes UNITE and High Intensity Drug leaders in their fight against a rapidly growing and procedures.

40 KENTUCKY LAW ENFORCEMENT| Winter 2005 /Photo submitted

Trafficking Area, or HIDTA, cases in the 28th Kentucky River and Big Sandy – to provide chiefs, mayors and county judge-executives Judicial Circuit. “When UNITE brings a case a coordinated and professional regional drug to explain the need for interlocal agreements to grand jury, you don’t have to spend much enforcement initiative, to facilitate coopera- across the district and to have their governing time looking for needed discovery. It’s already tion of state and local law enforcement agen- bodies pass resolutions approving the agree- there. With that much work put into the front cies and to enhance narcotics investigations ments. In all, 48 signatures were needed. end of the case, it frees the prosecutor up to and prosecutions of drug traffickers. “They were all supportive of our re- practice the case, instead of chasing down in- But early and continuing successes in mak- quest and went out of their way to sign it,” formation.” ing undercover drug buys quickly brought to Smoot said. “An added benefit is that we have Meanwhile, a new interlocal agreement light a limitation: Officers within each task changed our round-up procedures to address broadening the investigative capabilities of force could operate throughout their region, local concerns, especially as it relates to jails UNITE detectives to all 29 counties they cov- but could not cross into a different area. and the court dockets.” J er should be in place by November. “We were hamstrung by having three sepa- When created, Operation UNITE en- rate task forces. We’ve had to shut down an p A suspected drug tered into three interlocal agreements creat- investigation several times to get a detective dealer reads a list of ing multi-county task forces – Cumberland, from another area when a suspect crossed rules after being picked over jurisdictional lines,” Smoot said. Another up during an Operation hurdle was that the detectives were quickly UNITE roundup in Lee becoming known to dealers within each task County on August 30. force’s geographic region, he said. t Operation UNITE is “The less these guys are seen the better,” the second law enforce- Smoot said. “Being able to move detectives ment drug task force to receive accredita- throughout the entire 5th Congressional tion from the Kentucky District extends the life of an undercover of- Association of Chiefs of ficer.” Police. UNITE officials spent much of the sum- mer contacting participating sheriffs, police

Winter 2005| KENTUCKY LAW ENFORCEMENT 41 Office of Drug Control Policy

For treatment to work, people have to want to go Substance Abuse While it is helpful for someone to want to get treatment, studies have shown that co- erced treatment or treatment in a correction- Treatment Plays a al setting is equally as effective as voluntary Vital Part in treatment. Myth No. 3 Treatment has to be Accountability in-patient to work /Van Ingram and Karen Hascal, Office ofD rug Control Policy Kentucky has demonstrated very success- ful outcomes for people who complete treat- ment. More than 80 percent of the people in At some time in their career, most law en- treatment in Kentucky are seen in outpatient forcement officers have endured the frustra- According to the 2002 Kentucky clinics. Substance abusers and their families tion of dealing with drug offenders who never Treatment Outcome Study: can be seen once or more per week in an out- seem to understand the seriousness of their patient clinic and seek social support in their situations, who cannot seem to stop their be-  More than 63.9 percent communities through community organiza- havior no matter how many times they are ar- of people who go through tions, faith-based agencies, churches and/or rested. Many become problematic not just to treatment show abstinence self-help groups. For some people, residen- themselves but also to their entire communi- from alcohol one year tial treatment is the best alternative, but it is ties. They propagate the fear of crime, wreak after treatment. often costly and not readily available. Outpa- havoc in the lives of those closest to them and  Nearly 56 percent of clients tient is a proven, viable alternative. seem unfazed by the consequences. report abstinence from All too often the criminal justice system illegal drugs 12 months has treated drug-addicted persons the same after treatment. Myth No. 4 way time and time again, believing that the  There is a 51.2 percent Treatment is very expensive fear of incarceration will cause them to aban- reduction in the number The average cost of treatment in Kentucky don their addiction. Although occasionally of arrests 12 months per episode is $2,500 per person. This in- successful, often this approach creates a re- after treatment. cludes a brief detoxification stay followed by volving door, a seemingly endless cycle. After  There is an increase of outpatient counseling for a year. Each region all, insanity has often been described as doing 45.3 percent in full-time of Kentucky offers publicly funded substance things the same way and expecting different employment after treatment. abuse treatment. Some areas offer detox and results. short-term residential, but all provide outpa- Certainly, people who commit crimes unwanted behaviors. Research has demon- tient treatment. should be held accountable for their actions. strated treatment is vital in Kentucky. Those However, there is more than one way of hold- who are successful in their recovery rarely ing a person accountable; in drug cases, sub- return to the criminal justice system. Similar Myth No. 5 stance abuse treatment can be a major part of to many other diseases, substance abuse re- that accountability. quires a long-term behavioral treatment plan. Treatment is soft on crime For example, in the case of diabetes, patients While it is true that those who commit Unfortunately there are many myths about must monitor their diet and exercise as part crimes deserve consequences as described by substance abuse treatment. of their long-term treatment plan. In the case statute, punishment is not a long-term solu- of substance abuse, patients must follow up tion to the revolving-door problem. Arrest- with self-help meetings and ongoing support ing, convicting and incarcerating substance

Myth No. 1 for their recovery. As with all chronic, relaps- abusers alone does not appear to be effec- Treatment doesn’t work ing diseases, if the treatment plan is not fol- tive. Kentucky’s jails and prisons are bursting Addiction is a chronic, relapsing illness lowed, relapse is inevitable. at the seams. In reality, substance abuse is with many symptoms that affect society. Some not just a law enforcement issue, it is also a experts now believe substance abuse treat- public health epidemic. Prevention and treat- ment is the cure for addiction and will erase Myth No. 2 ment share responsibility for addressing these problems. J

42 KENTUCKY LAW ENFORCEMENT| Winter 2005 Kentucky State Police

t (Left to right) Lt. Eric Walker, commander of the Governor’s Highway Safety Program, Kentucky State Police Commissioner Mark Miller, Lavoyed Hudgins, executive director, Office of Alcoholic Beverage Control, and Jim Acquisto, ABC director of enforcement, honor ABC’s success in reducing underage drinking in Kentucky.

Underage Drinking Kentucky Curbs Statistics Kentucky Underage Drinking  The legal age for purchasing alcohol is 21 years of age. KSP Recognizes ABC, Other Partners for National Award  Underage drinking directly / KSP Submitted costs citizens approximately $217 million per year in he Kentucky State Police Miller also recognized the state’s Of- medical care and work loss. Governor’s Highway Safety fice of Alcoholic Beverage Control as a  During 2004, there were 931 Program recently received a major partner in the underage drinking alcohol-related collisions involving national award for its efforts to initiatives. “Because of our partnerships a driver under the age of 21. reduce underage drinking for the with ABC, local law enforcement and T other agencies, Kentucky has observed its  From January through August Underage Drinking Enforcement Train- 2005, there have been 581 ing Center. lowest non-compliance rate among alco- hol-licensed establishments,” Miller said. alcohol-related collisions involving The award was for GHSP’s Enforc- a driver under the age of 21. ing Underage Drinking Laws program, Jim Acquisto, ABC’s director of en- forcement, said agency collaborations are which has helped reduce youth access to the key to reducing underage drinking. alcohol at establishments licensed to sell National liquor to an all-time low of 17 percent. “We at the Enforcement Division of  Approximately 28 percent of ABC are vigilant in monitoring under age the suicides of 9 to 15 year olds Teens and alcohol have proven to be accessibility to alcohol in Kentucky,” said can be attributed directly to or a serious and often deadly combination, Acquisto. “By partnering with agencies are related to alcohol use. said KSP Commissioner Mark L. Miller. like the Kentucky State Police, we will  Alcohol is involved in a “Kentucky is working hard to reduce continue to impact underage drinking in national average of 1,000 this problem,” said Miller, who also serves Kentucky and make the Commonwealth homicides per year. a safer place.” as the Governor’s Highway Safety repre-  More than 70,000 students sentative. “Kentucky was one of only 16 The non-compliance rate decreased ages 18 to 24 are victims states in the nation to receive recognition from 26 percent in 1998 to 17 percent in of alcohol-related sexual 2004. The rate averaged 17 percent from for its innovation and perseverance in re- assault or date rape.  ducing underage drinking.” January through August of this year. J

Winter 2005| KENTUCKY LAW ENFORCEMENT 43

Kentucky Vehicle Enforcement

t Kentucky Vehicle Enforcement’s recent crackdown on overweight coal trucks resulted in a 95 percent improvement in compliance. Kentucky Vehicle Enforcement Reduces Number of Overweight

CoalTruck Fatalities and Injuries Lower In EasternT Countiesruck /Story and photos by Bobby Clue,s Special Assistant, Kentucky Vehicle Enforcement

he state’s crackdown on overweight coal same period ending May 31, 2005. The numbers trucks last year is paying big dividends, showed a dramatic improvement in the number of according to Kentucky Vehicle Enforce- fatalities and injuries in the eastern region of Ken- ment Commissioner Greg Howard. More tucky: seventeen fewer deaths and 47 fewer inju- trucks are now carrying legal weights on ries, Howard said. TKentucky’s roads, protecting the public’s safety and Coal operators, truck drivers and others in the the roadway surfaces. industry have cooperated with the effort to promote “The number of overweight trucks has been legal truck weights by installing scale equipment on Tri-State Vehicle drastically reduced in eastern Kentucky since KVE’s loaders at mine sites and ensuring that trucks leav- Enforcement enforcement crackdown began,” said Howard. “In ing the tipple are not overloaded. Blitz a Success Vehicle enforcement and public just one year, KVE officers have seen a 95 percent One coal operator explained that most truckers safety officers from Kentucky, Ohio improvement in weight limit compliance.” would prefer to carry legal loads, but if they did, and West Virginia collaborated on a “The Fletcher/Pence Administration set about could not compete with those that were willing to recent highway enforcement program to make Kentucky’s roads safer … and the numbers break the law. Now they have adjusted, confident targeting commercial vehicles prove KVE’s progress,” he added. that action will be taken against those who try to committing safety violations that “The role of the Justice Cabinet is not to write take unfair advantage. could endanger other drivers. the laws, but to enforce them,” said Lt. Governor Although Kentucky’s 1986 extended-weight law The Department of Kentucky Vehicle Steve Pence. “Obviously there has been a dramatic allows coal trucks to haul 46,000 pounds more than Enforcement, West Virginia Public increase in the number of coal trucks in compliance the federal weight limit of 80,000 pounds, officials Safety Commission and State Police, on our roads and there is no doubt when coal trucks acknowledge that until last year, trucks traveling and the Ohio State Highway Patrol are in compliance, lives are saved.” U.S. 23 between the Virginia line and barge-loading saturated the area of northeastern For instance, in April 2004, KVE officers weighed facilities at Catlettsburg frequently were crammed Kentucky, southeast Ohio and western 340 trucks and issued 262 overweight citations; with more than 200,000 pounds of coal. West Virginia throughout the day on 77.1 percent of the trucks were overweight. One “I like the lighter loads,” said coal truck driver Thursday, September 29. Eighty-eight year later, a three-day enforcement effort turned up James Scott, of Louisa. “Even with higher fuel pric- officers inspected 193 commercial only 44 overweight trucks out of 1,167 weighed, es, we’re trying to stay as legal as we can.” vehicles, detecting 478 safety violations. Thirty-four vehicles and eight just 3.8 percent in violation. Public support has been invaluable in the fight to drivers were placed out-of-service for KVE also studied collisions involving commer- enforce weight laws. At public meetings in Hazard serious violations. An additional 247 cial motor vehicles before and after the crackdown, and Harlan, concerned citizens voiced strong sup- traffic citations were issued as well comparing the period ending May 31, 2004, to the port for increased enforcement. J as 98 warnings issued for violations.

Winter 2005| KENTUCKY LAW ENFORCEMENT 45 In the Spotlight |Chief Joe Cline “Appearance has a lot to do with professionalism, but I believe professionalism is an attitude and a behavior.” How do you define professionalism in the law Another challenge facing university policing enforcement field? today is getting the respect that all other law en- I remember the first time that I really noticed a forcement officers receive. It’s getting better, but law enforcement officer in my home town of Olive a lot of the citizens in the community still look at Hill. Officer Louie Sammons was sitting beside my a university law enforcement officer as security or dad and I in a restaurant and I thought how awe- someone less than a police professional. I would like some and professional he appeared in his uniform. to work with other law enforcement agencies in our Appearance has a lot to do with professionalism, area to establish a citizen’s police academy for our but I believe professionalism is an attitude and a community in the near future. This will help edu- Chief behavior. The best way I can describe professional- cate the community as to what university policing is Joe Cline ism in law enforcement is the Golden Rule: “Do and how closely related it is to policing in any other unto others as you would have them do unto you.” community. Chief Cline joined the Morehead State University What are your department’s principles and core values? DOCJT now offers career orientation for new law Police Department in 2001 enforcement families. What do you think families as assistant chief and was When I was appointed chief in January 2003, I in law enforcement need to know? named the chief in 2003. called a department meeting and spoke about Families in law enforcement need to know that, He previously served as my principles and leadership philosophy. I said, patrolman and as detective unfortunately, they will be held to a higher stan- with the Morehead Police “There are two things that I will not compromise dard than other citizens in the community. I know Department. Cline started or waiver on and that is being honest and doing I used the word unfortunately, but that should his career as a dispatcher/ what’s right. This will be the foundation of our de- not be a negative. We have to make it positive by patrolman with the Olive Hill partment.” Sometimes doing the right thing is not setting an example for the rest of the community. Police Department and was popular and has repercussions. I remember seeing Sometimes children of law enforcement officers the Army Maintenance Man- a banner one time that said, “There’s no right way agement System clerk/dis- don’t understand why dad or mom is so strict, or patcher with the Kentucky to do the wrong thing.” I believe that statement. why dad or mom can say who they can or can’t Army National Guard. hang out with or associate with, or why mom or As we sympathize with law enforcement depart- He received The Morehead ments in the disaster relief states, how would your dad aren’t at home during supper, holidays and Optimist Club Police Officer agency handle those stressful circumstances? school events. I believe this is a tremendous op- of the Year Award in 1987 I know I would be praying a lot more than I am portunity to help families adapt to having a family and 1999 and is a past presi- now if we were dealing with a disaster of that mag- member in an occupation that is time consuming dent and chaplain of the Fra- and dangerous, but yet rewarding. ternal Order of Police Lodge nitude. I don’t know if you can say how you would #35. Cline is a Kentucky handle those stressful circumstances unless you are What is needed for community policing to Law Enforcement Council put in that situation. My heart and prayers have succeed? certified police instructor. gone out and still are going out to those involved Community policing will succeed if citizens and in the relief efforts. Law enforcement officers are In 2004, Chief Cline gradu- law enforcement are working together to prevent on the front lines doing the best they can under the ated from the Criminal crime. Citizens are the eyes and ears of their po- circumstances. People react differently in stressful Justice Executive Develop- lice department, and they have to have confidence ment Program and the FBI situations, but we hope that under stress that train- in their police officers in order to call and report National Academy. He is a ing and experience will kick in and we can con- a crime, call for assistance or ask advice. There graduate of DOCJT’s po- tinue to do our job as professional peace officers. lice academy and earned a are many different definitions and philosophies of Bachelor of Science degree What are some of the challenges facing university community policing. Citizens and law enforcement in criminal justice from Co- officers must make a connection and get to know lumbia Southern University. policing today? I believe the biggest challenge is recruiting and re- each other. When a law enforcement officer can go Cline is the associate pas- taining good, qualified individuals. This is not only into a community or neighborhood and call people tor at the House of Prayer a university policing issue, but an issue that a lot of by their first names, that’s my definition of com- in Morehead. He lives in munity policing. J Rowan County with his wife agencies in Kentucky are facing. Smaller depart- Robyn and their two chil- ments cannot offer as much specialization and can’t dren, Jarad and Brittany. afford to offer the same salary package that larger departments can offer.

46 KENTUCKY LAW ENFORCEMENT| FallWinter 2005 2005 In the Spotlight | Chief Billy Minton “You need to have a good attitude and a good outlook on life.” Cave City is on the Kentucky Community Pre- with L.A.W. Publications, putting together a maga- paredness Program list to be assessed. Why do zine with information about drugs and their effects. you think homeland security preparedness is im- They are also providing coloring books for the portant for smaller communities? younger children. I feel that educating our youth on As I travel throughout the state and talk with other the harmful effects of drug use and abuse is our best chiefs I find that smaller communities are not pre- weapon in combating drugs. We will also encour- pared for a tragic event should one happen. Small- age parents to participate and educate them. With er communities seem to have the mind set that this law enforcement personnel and parents working can’t happen to us. Times have certainly changed, together as a team, I believe we can have a tremen- and it is imperative that smaller communities have dous effect on the war on drugs. Chief an assessment to examine what their weaknesses are and have them corrected. How has your department benefited from grants? Billy Minton When I was appointed chief in 2001, my main How do you define professionalism in the law en- goal was to modernize our department with Chief Minton attended basic forcement field? training in 1983, class 151 One is appearance — you always need to look new equipment and become an accredited police and has 23 years of law your best. Two is knowledge — you always need agency. I had many ideas and plans, and our mayor, enforcement experience. He to keep up-to-date on your training. Three, you Bob Hunt, supported every plan I had. We became began his career with the need to always conduct yourself in a professional accredited in March 2002. After that I began ex- Horse Cave Police Depart- manner. Four is attitude — you need to have a ploring grant programs and communicating with ment in January 1982, and other agencies to seek out the many tools needed served as assistant chief good attitude and a good outlook on life. It is easy for the last two years. In to have a bad day, and if you’re not careful, people to be successful in law enforcement. With a Local 1995 he moved to the Cave you come in contact with will notice these small Law Enforcement Block grant we purchased some City Police Department and things. One of the things I strongly believe in is equipment and a police vehicle. The last two years worked his way through the always treating a person the way you would want we have received a total of $15,000 from the De- ranks of sergeant and cap- partment of Agriculture Rural Development Pro- tain before being appointed to be treated. chief in 2001. He and his gram. This money was used for the purchase of po- wife Pat have been married As we sympathize with law enforcement depart- lice vehicles, and we now have a take-home fleet. for 10 years and they have ments in the disaster relief states, how would your Two years ago we received a $17,000 mini buster five children and eight grand- agency handle those stressful circumstances? contraband detection kit used for drug interdiction children. I would begin by combining our resources with through the Department of the Army. Just recently our neighboring communities’ law enforcement we were awarded a $683 Justice Assistance Grant agencies, fire departments and medical services. for purchasing new handguns, shotguns and com- By working with other agencies in our neighboring puter systems. We now have a total of seven com- communities I feel that we could handle a disaster puter systems in our office, one for each officer. with minimal stress. Just a brief summary of what we have been able to achieve due to various programs: Each vehicle has How did your department implement a neighbor- moving radar units, we have new weapons, com- hood watch program and what is your next com- puter systems, and our take-home fleet. munity project? In 2002 we implemented a neighborhood watch The various grant programs have allowed our program by having meetings with Housing Author- police agency to become competitive in the law en- ity complex residents. This has been highly suc- forcement field and enabled us to better serve our cessful as residents prepared meals, and everyone community. Without some of the programs men- – residents and law enforcement personnel – got tioned, the majority of our accomplishments would to know one another on a personal level. When have been virtually impossible. I also feel that pur- you get to know people on a personal level you suing grant programs helps to reduce the burden on establish a comfort zone, people begin to trust you our community’s tax payers. J and will share with you information you otherwise would not have obtained. We are currently establishing a drug program for our elementary school. We have been working

Winter 2005| KENTUCKY LAW ENFORCEMENT 47 In the Spotlight |Sheriff Ken Morris “Keeping training up-to-date better prepares a department to meet the ever increasing demands that are placed on today’s law enforcement officers”

How do you define professionalism in the law Who has influenced your career in law enforce- enforcement field? ment? I feel that professionalism is having a well-trained Many people have influenced my career in law department that adheres to the needs of the com- enforcement but there is one individual that stands Sheriff munity while being firm and fair in treating every- out in my mind, the late Wallace Dockery. Wallace one equally. served as a military police officer in World War Ken Morris II before bringing his family to Butler County to You are the first sheriff of Butler County to attend First elected sheriff of Butler live in 1968. He then worked in Butler County training. Why is training important to you and your as a sheriff’s deputy and became sheriff in 1974. County in 1989, Kenneth L. department? Morris and is now serving his Wallace went on to become the judge executive of fourth term. Morris gradu- Keeping training up to date better prepares a de- Butler County. ated from the sheriff’s acad- partment to meet the ever increasing demands that emy in 1989 and from the are placed on today’s law enforcement officers. The I worked with Wallace as a deputy during his FBI academy as firearm in- citizens within our county’s jurisdiction benefit term as sheriff. During this time I came to respect structor in 1992. He has also from the most current law enforcement techniques and admire the approach he took to the duties of successfully completed sev- available. Training is a must for law enforcement sheriff. Wallace enjoyed helping people even when eral classes in drug and child he was faced with situations that technically did not sex abuse investigation. In because the criminals we deal with every day are addition, Morris is a certified learning new tricks, techniques and technology. fit into his job description. He taught me lessons DARE instructor. The Sheriff The criminals nowadays are highly intelligent and in dealing with people that I have found to be in- of the Year award was pre- educated. It’s important to talk with other sheriffs valuable in my work as a law enforcement officer. sented to Morris in 1991 and that deal with similar situations. They may have The most helpful lesson I learned from Wallace is he received the meritorious something to offer that you didn’t think of or vise the ability to use common sense to defuse hostile achievement award from situations. Kentucky State Police in versa. Kentucky has come a long way in the past 1992. Morris has served as 20 years and we are head and shoulders above sur- a board member of Kentucky rounding states. Set your goals higher than the 40 What issues should be addressed for rural areas statewide? Sheriffs’ Association since hours of training a year. Networking with other I believe there are separate issues that should be 1991 and was president agencies and being active in your associations of the association in 2002. addressed for small departments in rural areas whether it is the Kentucky Sheriffs’ Association, He was appointed to the statewide. The main concern I have is the lack of Kentucky Association of Chiefs of Police, Ken- Kentucky Law Enforcement generated funds for rural departments to oper- Council (KLEC) board in tucky Peace Officers’ Association or Kentucky ate. Deficiency in general funds make it difficult 2002 and has served on vari- State Police Professional Association is also good. to provide deputies with competitive salaries and ous boards for the National Support the legislative work and the new laws on Sheriffs’ Association. benefits, such as hazardous duty retirement. Con- the agenda each year and carry them out in your sequently, small departments are losing quality hometown. deputies to larger departments that are able to of- You are a small, rural sheriff’s office with two fer more incentives. deputies, but you serve more than 15,000 people. How are you able to offer quality service? You have served on the KLEC and KSA as presi- Serving a county with the population of more than dent. How were you able to voice and address concerns for small departments? 15,000 people with only two full-time deputies During my term serving on the KLEC and KSA is a challenge. In order to provide quality service as president in 2002, I was able to address my the officers must carry heavy work loads and put concerns for small departments by attending the in long hours. Dedication is the key ingredient legislative sessions. I also had the opportunity to that enables our officers to serve the county address different committees in hope of resolving successfully. issues facing the smaller sheriffs’ offices across the state of Kentucky. J

48 KENTUCKY LAW ENFORCEMENT| Winter 2005 In the Spotlight | New Chiefs

New Chiefs of Police Across the Commonwealth

Larry Cook – Perryville Police Department pointment, Redman served with the Shively Police Depart- Larry Cook was appointed chief of the Perryville Police De- ment, St. Matthews Police Department, Lincolnshire Police partment on August 4. Cook began his law enforcement ca- Department and also in aviation operations with Federal reer with the Lebanon Police Department. After five years Homeland Security. The plans that he has for Hurstborne there he joined the Richmond Police Department where he Acres include modernizing the police department and mov- retired in 1992. ing into the new government center, which is in the planning process. Vernon “Butch” Curl Jr. – West Point Police Department Audrey Spies – Woodburn Police Department Vernon “Butch” Curl Jr. was appointed chief of the West Audrey Spies was appointed chief of the Woodburn Police Point Police Department August 25. He has been with the Department on September 8. Spies began her law enforce- department since 1987 and was promoted to lieutenant in ment career in 1978 with the Tyler (Texas) Police Depart- 1996. Curl’s goal is to crack down on drugs in the city. ment. She served on the drug task force after joining the Western Kentucky University Police Department in 1987. Mike Daly – Fort Thomas Police Department Spies was the first female on the Critical Response Team Mike Daly was appointed chief of Fort Thomas Police De- while serving with the Bowling Green Police Department partment on August 1. Daly joined the Fort Thomas Police from 1995 to 2003 when she retired. She will continue com- Department in 1994 after working for the Newport Police munity-based policing and strive to keep Woodburn a safe Department for three years where he was a bike officer. town. He brought with him his bike patrol skills and implemented a program at the Fort Thomas Police Department. Daly Johnny Vance – Smiths Grove Police says that the department has taken a dynamic direction in Department the last five years, and is in great shape. He will continue Johnny Vance became chief of the Smiths Grove Police to seeks ways to improve the quality of service to the city Department on September 9. Vance began his career in through partnerships within the community, community ori- law enforcement in 1999. After almost three years with the ented policing, VIPS, technology, grants and implementing a Glasgow Police Department, he began working drug inter- citizens police academy. diction for the city of Munfordville. There he was a K-9 han- dler and patrol supervisor for more than two years. He hopes Russell Nichols – Calhoun Police to expand the department in the near future due to the ITA Department trans-park being developed there. During his six years in Russell Nichols was appointed chief of the Calhoun Police law enforcement he has been awarded medals for merit and Department on August 4. Nichols retired in 2003 from the valor for actions in the line of duty. Kentucky State Police. He is committed to bringing the Cal- houn Police Department in-line with other agencies regard- John Wilhoite – Versailles Police ing crime reporting and working together with local agencies Department to achieve better intelligence. John Wilhoite was appointed chief of the Versailles Police Department on September 18. He has been with the de- Christian Redman – Hurstbourne Acres partment for 19 years working patrol and then as sergeant. Police Department Wilhoite is looking forward to working with local agencies to Christian Redman became chief of the Hurstbourne Acres make a safer community. J Police Department on September 25. Prior to this ap-

Winter 2005| KENTUCKY LAW ENFORCEMENT 49

Cold Cases

Solving Yesterday’s Puzzles Today

/Story and photos by Jamie Neal, Public Information Officer

or as long as teresa Mitchell can remember, New Year’s eve had been her favorite holiday. she saw each as the eve of a fresh start and for years had ushered them in with sleepover parties for her young niec- Fes and nephews and their friends. they would play games, hold dance contests, eat pizza and count down to midnight with Dick Clark. But things are different now. “every New Year’s is the saddest night of my life,” she said. Minutes into the morning of New Year’s eve 1999, Mitchell’s 24- year-old son, Dondale, was fatally shot after trying to end a confron- tation between a friend and another man in the parking lot of a strip club on Winchester road in Lexington, police said. Detectives worked the shooting, but there was little physical evi- dence, and witnesses to the murder either couldn’t identify the gun- man or refused to cooperate during the initial investigation. eventu- ally, the case went cold. Now, as the six-year anniversary of his death approaches, Mitch- ell’s murder is getting another look. >> Detectives Larry Carroll (left) and Tim Hightower stand among files containing some of the Louisville Metro Police Department’s hundreds of long-term unsolved cases. As the agency’s cold-case squad, it is their job to look for the pieces needed to solve the puzzles of Louisville and Jefferson County homicides. Louisville has the only full-time unsolved-cases team in Kentucky.

Winter 2005| KENTUCKY LAW ENFORCEMENT 51 Cold Cases

>> using grant money it received earlier this zles that are their unsolved murders. tinuously revisit cold cases as new ones come year, the Lexington Division of Police is re- “somebody has lost their life. somebody in. focusing on Mitchell’s case as well as other needs to be brought to justice,” said Maj. In an effort to clear their cases and assist homicides and major violent crimes that, for Gary rich, who, until recently, was a super- investigators who don’t have time to work one reason or another, have gone unsolved visor in Bowling Green’s Criminal Investiga- them, KsP’s Columbia Post is using a re- for years. tions unit. view process that brings everyone involved “If we can spend some funds reviving it, With murder and some other violent in the case – from original investigator to the bringing it back to life, then that’s what we’ll crimes, the case isn’t closed until there is an current detective – together to try to solve do,” Lt. James Curless, head of the depart- arrest or some other resolution, regardless them. ment’s Personal Crimes section, said of the of whether the crime was committed a year at Bowling Green, police have taken the unsolved cases. ago or 30 years ago. unique step of asking citizens for their input Lexington is one of several law enforce- a witness statement or old physical evi- on some cases, while in Louisville, two de- ment agencies in Kentucky that are giving dence that could offer information when tectives are dedicated to solving what others special attention to heating up cold cases. examined with new technology or a detec- have found unsolvable. Bowling Green Police Department, the tive who sees the case in a different light than In Lexington, police got word earlier this Kentucky state Police’s Columbia Post and those who came before him — these could year that federal grant money was available Louisville Metro Police Department – the be the pieces investigators need to fill the through the state’s Justice and Public safety only agency in the state with a full-time spaces and solve the cases. Cabinet to combat urban violence and re- cold-case squad – also are putting resources But few law enforcement agencies in the quested it to revisit their cold cases. toward finding the missing pieces to the puz- Commonwealth have the manpower to con- the agency was awarded $112,500 from the state and a $37,500 grant match from the Eric Gardner (left) and Teresa Mitchell laugh as they share stories about their son, Dondale Mitchell, city for a total of $150,000, which is avail- who was fatally shot in 1999. Lexington police are using a cold-case grant to try to solve his case. able through June 2007.

5 KENTUCKY LAW ENFORCEMENT| Winter 2005 It plans to use $107,000 to pay person- “I was blessed, and I was so happy, but I nel overtime to look into unsolved cases was crying too,” she said. “I mean I just didn’t and spend the remainder of funds on cold- know what to think. I knew it was coming case training for officers, travel expenses, though.” evidence testing, fingerprint-comparison Harris said she hoped the police depart- equipment and for a part-time prosecutor ment’s grant would produce the same results in the Fayette Commonwealth’s attorney’s for other families. Office. “I’m glad that they got that money,” she When the grant began in June, the depart- said. “I wish they can continue to get this ment, which has approximately 50 unsolved money to solve more cases because there’s homicides from the past 30 years, assigned other people out there – I know they would investigators to work 10 specific homicides love to know about their loved ones.” committed between 1997 and 2004. In July, Lexington police were able to tell a fresh set of eyes and a new perspective the family of stephen Dotson, 40, that they can turn an investigation around, so in most had made an arrest in his case after investi- instances the cases have been given to inves- gating it through the cold-case grant. tigators who didn’t work them originally, Curless said. Keita J. Hayden, 24, was charged in the april 2004 slaying of Dotson after someone “What we’re trying to do is open that with information talked, police said. door to allow these cases to flourish,” Cur- less said. the detective in Dotson’s case, Chris schoonover, is the only investigator under solvability was a factor in selecting the the cold-case grant who was assigned cases first round of cases, but some of them were that he worked originally. chosen because police thought there might be new information from witnesses or oth- Most homicides that detectives are unable er evidence that could at least offer a lead, to solve in Lexington are eventually placed he said. in the unit’s file cabinets until a lead comes in, but schoonover won’t turn his cases over /Photo submitted since the grant began, police have ob- to the cold-case files. tained an arrest warrant in one case and Dondale Mitchell poses for a photo at Lexington’s made an arrest in another. “I want to be the detective that runs on those leads,” he said, adding that he does seek Jacobson Park in the summer of 1999. Mitchell, In June, an arrest warrant was issued for input from others on the cases when needed. 24, was murdered later that year. Police 26-year-old Kareem edwards, the man po- “It’s a pride issue basically. You don’t want have not made an arrest in his homicide. lice said killed Jermain Harris, 25. edwards another detective to take over your case if shot Harris as he sat at a traffic light at a you’re still here and can work it. Criminals confess. Witnesses decide to major Lexington intersection on a sunday come forward after years of being afraid, or afternoon in 2001, police said. a warrant “One day something will happen where someone will get in trouble, and George they suddenly recall helpful details. relation- was issued for edwards rather than him ships change. the killer’s former girlfriend, being arrested because he was already Hurst – somebody that knows about George Hurst – will come forward and say, ‘I know husband or friends no longer care about pro- incarcerated in a West Virginia prison on un- tecting them. sometimes criminal suspects related charges. who broke into his house and shot him.’ Or, ‘Hey, I was with the guy in the car the night and inmates tell police about crimes others the warrant came after detectives in the Doris roberts was killed.’” have committed in an effort to get help with case made a connection between a possible their own situations. the homicides of Hurst and roberts are lead in the Harris case file and information some cases go unsolved because the vic- provided by someone police had in custody unsolved. schoonover is working roberts’ case through the grant. tims led high-risk lifestyles involving prosti- on another matter, police said. tution and drugs, and potential witnesses in ann Harris, Jermain’s mother, said she as schoonover is hoping for in their cas- their circles don’t want to talk to the police, was overwhelmed when she heard that es, some cold crimes are solved when people said sgt. Paul Williams, supervisor of Lex- someone was to be charged with killing her simply spill what they know after years have ington’s homicide unit. >> son years after the crime. passed.

Winter 2005| KENTUCKY LAW ENFORCEMENT 53 Sgt. Paul Williams, supervisor of the homicide unit at the Lexington Police Department, displays some of the department’s unsolved- murder files. Cold cases dating back to the 1980s are housed in the homicide section so they can be pulled if leads become available. their notes,” he said. retired or transferred KsP troopers, sheriffs, prosecutors and others who played roles in the original investigations and the current detectives on the cases may have valuable information, so they are being asked to help, speck said. the response has been positive. “they’re eager to come back in and re- view the cases they worked,” he said. aside from breathing life into old cases, the post’s process will take work off of inves- tigators who don’t have time to handle the cold cases, speck said. KsP supervisors will help with the investigations. Of the 11 counties covered by the Co- lumbia post, there are seven unsolved mur- ders in six counties. each of the cases will be reviewed, starting with the most recent crime, he said. “We’re excited about this,” speck said. “We think maybe this will be a way to solve some of them.” “Hopefully we’ll be able to give some closure to the families of these victims,” he said. Kevin Gilpin’s is the first case on the list for the review process, which began in sep- tember. Like so many family members and law en- forcement officers involved with cold cases, >> In many cases, police believe they know going to cooperate with you at all.” sue Warren, Gilpin’s mother, said she is frus- who committed a murder, but don’t have the When Capt. Greg speck became com- trated with waiting and hopes the post’s plan evidence to take the next step, he said. mander of the Kentucky state Police post in is successful. also among the challenges of investigat- Columbia in september, he set out to tackle “My closure is going to be when they find ing cold cases is working from the notes and that problem when it came to working cold the people who did this,” she said. “there’s files of the original detective on the case. cases in the area. got to be somebody out there that knows the detective reads the file, “but a lot of speck decided to bring together every- what happened.” times you don’t get the flavor,” Williams said. one currently or previously involved with Gilpin’s case started as a missing-person “You don’t know that mom’s a genuine per- the cases to review and develop strategies for report from russell County in april 1997, son … or stay away from the second brother solving them. when he was 18 years old. six years later, his because he’s already been in the pen twice “I just think the best way to solve a case body was discovered at the bottom of a well for trafficking and he hates police and he isn’t is to bring everybody to the same place with in Casey County.

54 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases

In september, the russell and Casey of all crimes, so, number one, I think it’s in cases where years have gone by.” county sheriffs, as well as the original and important that we do everything we can, Other detectives at the department also current KsP investigators on the case and plus some, to solve these crimes,” he said. work cold cases, but when they pass the year others gathered in a conference room at “Number two, we need to bring closure to mark or want assistance, Carroll and Hight- Lindsey Wilson College in Columbia to talk the families, and part of that is identifying ower get them. about Gilpin’s case. who committed this crime.” the two have solved five cases since they Prior to the meeting, they had each been the detectives agree. became a team in 2003. given copies of the case file to review, speck “Families deserve closure, whether or said. Most of the cold cases on the active list not emotionally they actually achieve closure are those that Hightower was investigating the investigators shared a variety of in- even with a successful prosecution. they de- for the city police and that Carroll was look- formation, including the original notes from serve justice as much as the victims,” Carroll ing into for the county police prior to the the missing-person case, and learned that the said. “that is our job.” 2003 merging of the two law enforcement russell County sheriff’s Office was still re- there are plenty of unsolved murders to agencies. ceiving tips about the crime. “some of these things that don’t seem important may become important when looked at as a whole,” speck said. “We discussed the case and came up with a list of people to re-interview and some to interview for the first time, and a strategy on how to approach them,” speck said. the team also pinpointed a prime suspect in the murder, he said. “there are a couple of real good leads I’m interested in following up on,” speck said. Following up on cold cases is all in a day’s work for two detectives at the Louisville Metro Police Department. Veteran homicide detectives tim High- tower and Larry Carroll sit at desks piled with reports and surrounded by files and boxes containing pieces to the puzzles of un- solved homicides in Jefferson County. Lexington detective Chris Schoonover is reluctant to move his cases to the department’s the investigators are the department’s unsolved files when they grow cold. Schoonover, who has four unsolved cases, keeps the cold-case squad, and it’s their job to find the files at his desk so that if information comes in, he can be the investigator who pursues it. missing pieces, put them together and bring murderers to justice. they pore over old reports, re-interview keep the two-man team busy, with 31 cold But some, like that of Chester Durbin, witnesses and meet with new ones, coor- cases on their working list and “hundreds, have been added since then. dinate evidence testing with the state lab, probably thousands if you go back further” beyond that, Hightower said. Durbin, 49, was a husband and father who speak with victims’ family members and re- was found shot to death in his parked taxi on view cases with their original detectives. “We’re trying to solve all of them if we east Jefferson street on May 24, 1972. can,” he said. “sometimes you just don’t run “We’re looking for what we can do that In 2003, Hightower got a call from his hasn’t already been done,” Carroll said. into the evidence to solve them. But it’s never closed.” daughter. Louisville has dedicated resources to cold “even though we may run into a dead “she was a child at the time when her fa- murder cases for years and will continue to ther died, and she wants to know what hap- do so, Chief robert White said. end, it may be 10, 15 years and evidence may pop up,” Hightower said. “We’ve had it done pened to her dad,” Hightower said. “Who is “It’s homicide, which is the most serious the person who did this to her dad?” >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 55 “the “the concept is to get a new set of eyes picked hand been have who graduates, the “You have to have a quality that’s similar to to similar that’s quality a have to have “You open- be to important it’s said Hightower the Bowling Green Police Department since 2003, the department has asked the fate of Pamela armstrong also haunts haunts also armstrong Pamela of fate the there was a suspect in her but case, po- Nor did they DNa have testing available advances in DNa and other forensic to successfully solve a or any and plans to continue using the approach. the using continue to plans and and re-evaluate the Bowling case,” Green’s said. rich Gary Maj. the case to review asked are for the process, action is some there whether determine and that of a car salesman,” Carroll said. “I “I mean Carroll said. of that a car salesman,” to have You to you the have have gift of gab. people some because people to talk to able be certainly are going to be to reluctant talk to to need you then and reasons, various for you them get person up and that to open be able are skills communication good think I talk. to to I be think important. you have extremely and I think you as listener well, an excellent observer.” good very a be to have when step extra the go to willing and minded case. cold a solve to trying subscribes to that thinking as well and uses a method for non-traditional trying to close its It unsolved cases. asks citizens to review them. of some graduates academy police citizen’s its of some cases cold city’s the of two on input their for the the When detectives. the 22-year-old was be- left she 1983, in alley an in death to shot said. Carroll children, small several hind for cause an arrest, probable have lice didn’t said. Hightower the department re- to do as them now. they cently sent case evidence in armstrong’s to testing. for lab state the technology are tremendous assets in work- all pin shouldn’t detectives but cases, old ing physi- on cases cold solving for plans their of said. Carroll tests, cal-evidence case, investigators must employ a variety of skills, and is communication vital among said. he them, Carroll said he stays in contact with Got- with in contact he said stays Carroll In the department’s storage room is an current- say truly I and currently, are “We among among those cases is that of 12-year-old I try to all think of the time, “as a father, “It’s almost “It’s guaranteed that he will pick although reviewing each cases other’s is While the want detectives to solve all of the the detectives try to work two cases When they think that they can’t take a Much of the time investigators’ is spent >> “a homicide case is never closed until ly, working on this case,” Carroll said. Carroll case,” this on working ly, deal with,” deal Carroll with,” “sometimes said. it gets you.” to city. the in live still who parents, lib’s case. Gotlib the to devoted cabinet file entire to taped the front of it is a piece of paper … of desk the “from words the with printed red large, in that, under Carroll.” Larry Det. aG. - initials her simply are ink, marker their cases, they said that there are some that that some are there that said they cases, their them. to personal especially are Lou- from missing been has who Gotlib, ann disappeared seemingly she 1983. since isville then was what of front in bike her riding after road. Bardstown on Mall Manor Bashford ‘How horrible can it be that all of a sudden your child is gone and you never hear from to be would that horrible how mean I them?’ out out things that I taken for have may granted Car- at differently,” or looked or overlooked roll said of his “and partner. we’ll discuss some of these factors that kind of jump out at both of us, but we might have different it.” on perspectives prov- has invested time the consuming, time said. Carroll it, worth be to en homicide, and we’re going and to homicide, we’re look at it and done.” be can what see when but arrest, an make can they until each leads come possible up in they jump others, it. on next. the to on move they further, any case and clues, possible for files case the reviewing other. each of off ideas bounce often they you you get an he arrest,” “even said. though it occurred back still an in it’s unsolved 1972, n Winter 2005

| T

LAW ENFORCEMEN

Adair County residence in March 1989. 1989. March in residence County Adair Rayburn Hill Road in Casey County. Casey in Road Hill Rayburn his in murdered found was 47, Holt, James Lewis Emerson, 32, was shot in the head head the in shot was 32, Emerson, Lewis along walking was he while 2001 March in Roger L. Catron, 30, was driving to work work to driving was 30, Catron, L. Roger when 1987 October in County Clinton in road. the of side the from him shot someone Hunters discovered a decomposing female female decomposing a discovered Hunters 1990. November in County Marion in body identified. been not have remains The 1999 in his Northland Drive apartment. Drive Northland his in 1999 PosT Columbia KsP Fifth Street. Fifth April in death to shot was 23, Ray, El-Hajj Leonard Polen, 33, died in August 1999 1999 August in died 33, Polen, Leonard car his in times multiple shot being after and Drive Aspendale of intersection the at Raymondo Martinez, 27, was stabbed and and stabbed was 27, Martinez, Raymondo in apartment Drive Cambridge his in beaten 2002. December gulation at her East 4th Street apartment in in apartment Street 4th East her at gulation 1999. December leXinGTon stran- by murdered was 48, Roberts, Doris Angelia Hilbert, 22, has been missing from from missing been has 22, Hilbert, Angelia 1989. since County Jefferson southeastern found in a wooded area of rural, eastern eastern rural, of area wooded a in found of result a as died She County. Jefferson trauma. blunt-force block of North 29th Street. 29th North of block missing reported was 37, Zambounis, Mary were remains her 2002, January In 1999. in Gary Jones, 54, was fatally shot in October October in shot fatally was 54, Jones, Gary 400 the along home walking was he as 1998 Michelle Seymour, 29, was found strangled strangled found was 29, Seymour, Michelle apartment vacant a in 1992 June in death to Boulevard. Ali Muhammad East on some of their unsolved crimes. unsolved their of some louisville Some law enforcement agencies in in agencies enforcement law Some resources dedicating are Kentucky are These cases. cold solving to Hot Cold Cases Cold Hot Cold Cases

KENTUCKY

5 the police can take to possibly move closer to solving it. they are looking for gaps – unasked and unanswered questions, as well as evidence that could be tested or other new informa- tion, rich said. Citizen input offers a perspective out- side of law enforcement’s, said Maj. Doug Hawkins, who helped start the program. Deborah Wilkins, who was on the first cold-case review team and is married to a police officer, said that law enforcement officers sometimes gets tunnel vision with cases and that the process is “excellent” be- cause it allows people with different back- grounds to offer a new focus. Wilkins said she enjoyed the opportu- nity. “I guess I’ve always been a frustrated de- tective,” she said. “I like murder mysteries. I’ve always liked research, and that’s basi- cally what it is.” Wilkins worked the case of 29-year-old Kevin ragland, who was shot in the back of the head while standing in front of his home on the evening of October 15, 1999, according to police. Based on the group’s review, detectives interviewed a new witness, re-interviewed some previous witnesses and re-examined phone records, Hawkins said. after an eight-month period, the citi- zen team came to the same conclusion as detectives did in the initial investigation, pinpointing a particular suspect in the case, Wilkins said. Ann Harris holds a framed photo of her son, Jermain, who was shot to death in 2001 while But the ragland file and the other mur- sitting in traffic at a major Lexington intersection. In what had been considered a cold der case the department had citizens con- case, police arrested a man for Harris’ murder in June, four years after his death. sider – a 1980 murder and robbery – remain open because there isn’t enough evidence to one overlooked the first time staring back at For the second year, teresa Mitchell is make an arrest, police said. them, Hawkins said. planning to spend what was once her favor- Initial investigations by detectives in the But they will continue looking for an- ite holiday in church. cases were thorough, Hawkins said. swers, rich said. she and Dondale’s father are hoping that “sometimes leads just come to a stand- “the cases never quit,” he said. “they’re the people who know what happened to still,” he said. always there. they’re always waiting.” their son will come forward and police will be able to close his case. unlike television dramas about long- as another New Year’s eve approaches, term unsolved cases, investigators don’t Dondale Mitchell’s mother is waiting as “I know I can’t do anything about death,” open a box and find the evidence that every- well. she said. “Death is God’s call. But I’m still alive, and I need closure.” J

Winter 2005| KENTUCKY LAW ENFORCEMENT 5 Cold Cases

have learned to the cases. The worked a number of high-profile Cold Case Training class can be taught in Kentucky cold cases. Check his Web site and at locations across the country. at www.drhenrylee.com for Public Agency Training Council of- Visit www.taylorgroup.net, or call future appearances. fers “Equivocal Death and Cold (800) 898-0436. Case Homicide Investigation,” a oTher resourCes: three-day seminar that includes a Forensic Training Services and block of instruction on reopening and Police Training Services has U.S. Department of Justice awarded managing unsolved cases through “Death Cold Case Techniques” $14 million in grants earlier this year a 12-step process. An instructor and “Homicide, Death, Cold Case for solving cold cases and identifying will bring the course to Kentucky or Investigation.” “Death Cold Case human remains through DNA. To teach it at the PATC’s Indianapolis Techniques” is a three-day seminar keep up with what grants are being facility. Visit www.patc.com, or call that focuses on cold cases, including offered, visit the Bureau of Justice (800) 365-0119. “reprocessing old evidence, along Assistance Grantee Resource Cen- with case tracking and manage- ter at www.ojp.usdoj.gov/BJA/re- Regional Organized Crime Informa- ment of cold-case witnesses and source/index.html. tion Center sometimes covers cold- re-interviewing techniques to revive case topics at its annual homicide old memories,” according to the Bureau of Justice Assistance has conference in October. Contact organization’s Web site. “Homicide, an article on its Web site that cov- ROCIC’s Bob Dargavell, (800) 238- Death, Cold Case Investigation” is a ers a variety of cold-case issues 7985, extension 569, about future four-day course that includes “tech- and includes contacts for discuss- conferences. niques for solving cold cases with ing cold-case squads. The article, minimal evidence,” the Web site “Cold Case Squads: Leaving No Taylor Group provides “Death Scene said. Contact the agency through Stone Unturned” was prepared Analysis and Cold Case Analysis,” e-mail at its Web site: www.foren- by researchers at the Police Ex- a three-day course about conduct- sictraining.us. ecutive Research Forum. Read it at ing and managing a major-case www.ncjrs.org/html/bja/coldcas- investigation from initial response George Mason University’s Office of esquads/index.html. to follow-up, including cold cases. Professional Education has hosted Students are encouraged to bring a cold-case investigations seminar Cold Case Center at www.coldcase- active homicide and sexual assault with Dr. Henry Lee annually for center.com offers cold-case news cold cases so that on the final day of several years. Lee is a forensic sci- from across the nation, references class so they may apply what they entist, among other things, who has and other information. n

she was murdered and some hair case are still alive; Brown’s parents, Police Investigate 44-year-old Murder fibers – for DNA from her killer. one of the possible suspects in her homicide and the original detective When a 19-year-old Transylvania a possible suspect in California. To get Brown’s personal belongings, in the case are dead, Wilson said. University co-ed was found strangled Wilson had to track them down to death with her bra in her car When Detective Rob Wilson heard that through her family. The items had “I’ve thought about this and talked in 1961, the brutal nature of the Curless was investigating the case, been stored in an attic in Florida, about it – If we are able to solve it and crime was the talk of Lexington. he became intrigued. He requested to take over after the lieutenant got so the detective said he realizes everything, what good is it?” he said. Forty-four years later, the murder of busy with other tasks, he said. that the evidence may be too Betty Gail Brown remains among the degraded to help in the case. With few people with whom to city’s most infamous mysteries. It is Since DNA wasn’t tested in cases share the victory and possibly no also the oldest cold case the Lexington in the 1960s, Wilson has first “It’s awful getting your hopes one to arrest, homicide detectives Division of Police is investigating. turned to science for clues. up on this stuff, but it would be would probably meet at their really nice (to solve),” Wilson favorite local bar to mark the Lt. James Curless, head of the He is working with a forensic scientist said, glancing at a file containing a occasion, as they always do after department’s Personal Crimes at the Kentucky State Police lab newspaper clipping with a distant solving a case, Wilson said. Section, began looking into the in Frankfort on plans to test some photo of Brown, dead in her car. Brown homicide about a year ago of Brown’s items – including the “It would just be us,” he said. “We’d after receiving information about shorts she was wearing when However, few connected to the tip a glass, and that would be that.” n

5 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases Book Review DNa: Forensic and Legal applications revieWed by /robert e. stephens, Jr., assistant Commonwealth’s attorney 34th Judicial Circuit

here is no subject as concep- limitations of each method can prepare one and new methods of analysis will eventually tually complex, operationally to answer the question of why other methods have to pass one of these standards to be ad- technical and professionally were not used, as well as to better point out missible in court. necessary to understand today the valuable information gained by using one Whole sections of the book are given to as DNa. DNa (deoxyribonu- method rather than another. discussions and exemplars of how to con- cleic acid) has radically changed the way the Prosecutors in particular would be ad- duct voir dire, question experts, make ob- tcriminal justice system works. Its collection vised to pay close attention to the authors’ jections and close effectively in DNa cases. and analysis have led to convictions of previ- emphasis on the importance in DNa analysis that much of this material is written from a ously unknown criminals and to the exonera- to statistical matters and population genet- defense perspective matters not at all for the tion of the innocent accused. almost every ics. DNa evidence, for example, can show prosecutor because anticipating where one’s criminal law practitioner can testify to the that the sample collected from the rape vic- enemy might attack is often just as important impact of the DNa revolution, especially to tim cannot be excluded as having come from as determining what strategy one will use to the expectations of jurors and other layper- the defendant/suspect, since to get a random present his or her own case. sons on what the effects of forensic science match as tested would occur Chapters dealing with sci- should be in solving criminal cases, partly only once in billions or tril- because of glamorization by the plethora of entific materials each contain lions of tests. the result is a healthy reference bibliog- forensic investigation programs on television. a match for the defendant/ It is incumbent, therefore, for prosecutors raphy for further study or suspect and the expert can collaboration with one’s own to understand the science of DNa analysis say it is her opinion that the as thoroughly as possible, to counter attacks DNa expert. the work closes sample obtained from the with appendices detailing fur- from the defense bar and to begin to meet or victim was left by the de- forestall the expectations of jurors. ther bibliographical sources, fendant/suspect. thorough state and federal court cases a good beginning text for this purpose comprehension of the ideas addressing the admissibility is “DNa: Forensic and Legal applications.” which make DNa evidence of various DNa testing meth- the authors, Lawrence Kobilinsky, thomas F. so remarkably probative in ods, contact information for Liotti and Jamel Oeser-sweat, approach the court will prepare counsel innocence projects, defense subject starting from the most basic under- to present the material in DNa discovery request sug- standing of the scientific background of DNa an understandable and per- gestions and a glossary. analysis and expanding to the actual method- suasive way to the jury and ology used in the various testing processes. prevent attacks by defense experts or prob- “DNa: Forensic and Legal applications” General principles of forensic science and lems on appeal. In addition, the sections deal- is a valuable resource for the criminal practi- data collection/crime scene investigation are ing with mixed samples (containing multiple tioner, particularly the prosecutor, in dealing also discussed cogently. Discussion is made of sources of DNa) and the methods used to with progressively more common and relied the strengths and weaknesses of each of the manage such results are helpful, especially in upon DNa evidence. this fairly short text currently utilized DNa analyses, from rFLP, rape cases where mixed DNa samples may be (364 pages including bibliographic materi- to PCr-str to Mitochondrial DNa testing. expected. als, appendices and index) is a good addition Particularly helpful is the insight gained from to one’s law library. readers may get a more the authors expend some effort discuss- foundational and in-depth understanding of viewing each process on a theoretical and ing the legal history of admitting DNa and conceptual basis, being able to understand the mechanics of DNa testing and the theory other scientific or technical evidence, includ- behind the testing. this gives meaning to the what is being tested and compared in each ing the Frye and Daubert decisions and their testing method, rather than just reading a lab science and makes it relevant in court and for progeny. this material is not only of historical sparking ideas about how better to present a report that such-and-such method was used value, but of practical importance since the DNa case before judge and jury. J by a lab tech that provided such-and-such science of DNa testing is constantly changing result. Indeed, knowing the strengths and

Winter 2005| KENTUCKY LAW ENFORCEMENT 5 Cold Cases TeCHNoloGY BReaTHING NeW lIFe INTo old Cases

/Jamie Neal, Public Information Officer

n 2003, more than 20 years the most significant of the pro- after sandra Gail Kellems was gressions is polymerase chain reac- found murdered in a vacant tion, the process the KsP lab has lot in Owensboro, scientific been using since 2000 to analyze equipment at a Frankfort DNa for law enforcement agencies Ilaboratory analyzed evidence dis- across the state, adkins said. covered on her body and produced PCr can take a small or de- the DNa profile of her potential graded sample of DNa, such as killer. that from an old, unsolved case, a national, computerized DNa and make millions of copies so that database linked the profile to that there is enough material to analyze, of an unknown male whose DNa she said. was found on a Louisville woman DNa can be extracted from skin murdered in 1986, four years after cells, or epitheliums, in blood, sa- Kellem. liva, semen and other fluids. Months later, James ray Cable In the 1990s, when the lab first was charged in what had been began DNa testing, the method was three freezing-cold homicide restriction fragment length poly- cases after his DNa also matched morphisms – rFLP. that technique evidence collected from another required a large amount of DNa Louisville woman who was killed evidence and didn’t work well with in the 1980s. degraded samples, adkins said. “that is my favorite case to talk another major leap in solv- about,” said Marci adkins, the fo- ing cold cases came with the FBI’s rensic scientist at the Kentucky computerized DNa database – the state Police lab in Frankfort who Combined DNa Index system, or handled the case. “It’s really quite fascinating Shanin LaBriola, a forensic biologist at CODIs, she said. how that hit came about. the Owensboro the state lab in Frankfort, uses a wet cotton case hit to a Louisville case, and those inves- swab to pick up potential blood evidence on as demonstrated in the Kellems case, tigators put their heads together to develop a tennis shoe collected from the scene of a the database stores DNa profiles of certain a suspect. that’s kind of the epitome of how shooting. The lab provides a variety of services, convicted criminals and from some crime including DNA testing, toxicology, trace- scenes and can compare them to DNa sam- the database works. It puts people in touch evidence analysis and firearms identification. with each other in looking for a common ples collected in other cases to see if there thread in their cases.” is a match. major role in cracking cold cases. When Kellems was killed in 1982, the a year after a 17-year-old Madison “In the mid-90s, technology just explod- database and DNa testing weren’t available County girl was raped at gunpoint and her ed,” said Detective Larry Carroll, a cold- for criminal investigations in Kentucky, but family’s home burglarized in 2003, the da- case investigator at the Louisville Metro today technological advances are playing a tabase connected the DNa profile of her al- Police Department.

0 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases leged attacker to blood from a convenience- fingerprints, and getting all law enforcement have brought law enforcement a step closer. store burglary in stanton. officers and jail personnel – depending on Hikers discovered Prouty, known as the although the blood sample didn’t belong the responsible party in each county – to “Madison Man,” in Madison County in 1993. to the individual who burglarized the store, provide those has been a problem, Lohrey His head was covered with a plastic bag from CODIs connected it to the sample taken said. a store in Madison, Wisconsin, and he was from the rape. “Nobody gets really excited about fin- wearing a vest manufactured by a sportswear the match resulted in a discussion be- gerprinting your drunk driver that is puking company in Madison Heights, Michigan. tween the Madison County detective and the on your uniform and all that,” he said. “It’s a In October, the wife of Prouty’s brother stanton officer and led police to arrest avery lousy part of the job, but that is the founda- immediately recognized a drawing of her roland for the Madison County crimes. tion that these cold case hits are based on.” missing brother-in-law on KsP’s cold case Fingerprint technology can also point that drunk driver may have left prints Web site. she had been searching for infor- cold cases in a new direction. at a murder scene before that night, Lohrey mation about him. said. the differences in people’s fingerprints In addition to unsolved homicides, some have been used in identification for more Investigators don’t yet know who killed Web sites include links to missing persons than a century, but a network of computer 36-year-old Douglas Martin Prouty, but the and unidentified remains. servers and databases now allows prints to Internet – another technological advance- the Kentucky Medical examiner’s Of- finger possible suspects in unsolved cases “by ment being used to solve cold cases – may fice and the Justice and safety Center have >> the bucketful,” said terry Lohrey, a state fin- gerprint analyst. A state fingerprint analyst demonstrates how individuals are fingerprinted on a terminal that is part of the Automated Fingerprint Identification System, or AFIS. Advances the automated Fingerprint Identifica- in fingerprint technology are helping to solve long-term cold cases. tion system, or aFIs, went online in Ken- tucky in 1986, but the most recent, faster version was installed in 1997. there have been between 3,000 and 4,000 hits in cold cases since then, he said. “Honestly, I wish we had a ship’s bell in the hallway and every time we made an unsolved latent hit, somebody needs to ring the bell – although it would prob- ably get annoying as many as we make,” Lohrey said. aFIs includes a terminal – a Livescan – in every county jail for fingerprinting ar- rested individuals. the prints are electroni- cally sent to the aFIs office in Frankfort, where the system’s database constantly runs identifiable prints against unknowns, or latent prints, from crime scenes. If an individual is fingerprinted today af- ter being arrested and that person left their latent prints at a crime scene in Kentucky years earlier, aFIs will pull up potential hits within minutes, Lohrey said. Bulletin boards lining the halls at aFIs in Frankfort are full of “reverse hits” that the system has made in burglaries, sexual assaults, homicides and other crimes. Many of them are matches to cold cases. But the hits can’t be made without new

Winter 2005| KENTUCKY LAW ENFORCEMENT 1 Cold Cases

>> an entire site dedicated to unidentified re- Kentucky and tennessee area director, todd mains found in the Commonwealth at www. Matthews helped solve one of the most infa- unidentifiedremains.com. mous unidentified remains cases in Kentucky, Kentucky Cold since its inception in 2000, one person that of Barbara ann Hackman-taylor, the Cases on the Web on that site has been identified – a man dis- “tent Girl” of scott County. Kentucky State Police covered in 1999 in Greenup County who had Matthews, like many people, spends time www.kentuckystatepolice.org/cold_case.htm been shot in the head, said the Justice and trying to connect unidentified remains with safety Center’s ryan Baggett, who works missing persons on the Internet, Baggett Pulaski County Sheriff’s Office with the site. said. www.pulaskisheriff.com/unsolvedmissing.htm Lexington Division of Police the Web site was launched after Dr. em- With the information on the Web, solv- www.lexingtonpolice.lfucg.com/Invest/ ily Craig, Kentucky’s forensic anthropologist, ing a case could be just a few clicks away, he Unsolved1stpage.asp learned about the DOe Network, a nation- said. wide volunteer organization that uses the In- Louisville Metro Police Department “that’s the whole key behind this,” Baggett www.lmpdky.org/unsolved/unsolvedIndex.aspx ternet and other methods to aid law enforce- said. “If we have it tucked away somewhere ment in solving cold cases. people can’t view it, then it’s no good to Prior to becoming the DOe network’s us.” J

sTaTe laB asKING a Valuable Tool in law enforcement Today: aGeNCIes To /scotty saltsman, instructor, General studies section, doCJT The livescan /Terry lohrey, latent analyst, Kentucky state Police sUBMIT seX Over the past several months the Department of tucky State Police, AFIS Section at (502) 227-8700 or Criminal Justice Training has instructed basic training (800) 858-5465. CRIMes eVIdeNCe recruits in the use of LiveScan, a system that scans  Make a note of the ID number given to you by the an individual’s fingerprints of a live person and stores computer. This will help you later when checking the FoR dNa TesTING the images in a computer database. This system is e-mail response. law enforcement accessible at most detention facilities in Kentucky.  Don’t use the Class D section to fingerprint someone. agencies with This refers to a state inmate being held at a local de- unsolved sexual Over the past seven months, 295 cold cases have tention facility, not a Class D felony charge against assault cases been solved by the use of the LiveScan system. someone. could be just a  When completing the information screen of the arrest, few steps away How does the system work? First, the officer enters pack the record with as much information as possible. from identifying the arrest information in the system to begin a record. It is easier to track someone if the information is in- a suspect. When fingerprints are rolled onto the fingerprint cluded on the arrest record. acquisition system, LiveScan’s scanning prism The Kentucky  Use current violation codes for the crime committed. and computer technology capture the image and The computer will need the violation code, not the KRS state Police lab store it in a file along with information about the in frankfort is number. Use the wrong violation code and the wrong subject and the specific arrest. The fingerprints charge will appear on the record. urging agencies to are then checked for quality assurance and submit dna evidence  Use something like baby wipes to clean the subject’s compared to each other to ensure the hands, and keep the fingers moist during fingerprint- from sexual assault cases, prints were taken in the proper order. regardless of age, so ing.  Wipe the glass off between rolling fingers to prevent that it can be tested Once the prints are approved and sent ghost images. and entered into the via the computer system to KSP, an  Once the record is sent to KSP (via computer) for pro- dna database for possible electronic response will be sent to that LiveScan cessing, it takes about three to five minutes to get a matches with previous offenders. machine as to a hit or no-hit. Officers check the computer (lights out) response. A lights-out hit means mailbox on the system to view the e-mail response. The lab has a federal “clearing that person’s fingerprints are in the system. A lights- Many systems are equipped with cameras and the shelves” grant for handling out no-hit response means that person’s fingerprints printers so a mug shot of the arrested person such cases and wants to work are not in the system. can be included and the information printed. as many of them as possible  Fingerprint everyone you arrest each time you arrest during the grant period, which them. will conclude in approximately ThinGs To remember:  Don’t train with the system unless you use the training five months, lab manager  Get a personal log-on name and password from the mode or put “Test” in the first and last name sections laura sudkamp said. Kentucky State Police. If you need assistance with a on the information page. Training with a bogus name log-on name and password or haven’t received training for more information, contact other than Test will result in an officer’s fingerprints on the use of the LiveScan system, contact the Ken- sudkamp at (502) 564-5230. being on file as a criminal.

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases INsIDea Cold Case Todd Kenner solved fi ve cold cases as a detective with the Boone County n July 20, 1994, Diane Washer Sheriff’s Offi ce from 1997 to 2004, including several high profi le cases that called 911 from a gas station and he has discussed on Cold Case Files, Unsolved Mysteries and other na- reported that her husband, Jimmy, tional television shows. Those who worked with Kenner have praised his had beaten her. knack for cracking cases through perseverance and skill. He is now a bailiff o after police arrived and told her for the sheriff’s offi ce.This is a partial account of his investigation into one cold case. that they didn’t have enough to arrest him, Diane walked away, disappearing into the night. a month later, the Covington woman was reported missing. When I joined the Boone County sheriff’s Office as a detective in 1997, Diane, 39, had been gone for three years. Hers was to become my first cold case. the Covington police and FBI had handled the original investigation into her disappear- ance as a missing person/murder case with- out a body. they turned over every rock and followed up on even the smallest of leads un- til there was nothing more they could do. then, in 1996, two Boone County depu- ties found a skull as they were trying to locate a marijuana field in a rural part of the county. a year and $3,500 worth of complicated mi- /Photo submitted tochondrial DNa testing later, we knew we pTodd Kenner had Diane Washer’s bones. >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 3 Cold Cases

>> First, I met with her family. they were Diane might have met the same fate, but we convinced that Jimmy had killed her and didn’t have anything taking us in that direc- were upset that the police had not charged tion, so we stuck with what we knew. him. Diane’s husband was from Boone Coun- My next contact was Covington Detec- ty. the one thing that stood out about the tive Bud Vallandingham, who worked the site where Diane’s remains were located was original case when Diane went missing. It that you couldn’t get there by accident. It was obvious that he and others on the ini- was one of those places in the county that tial case strongly suspected the husband and you had to know existed. had done everything possible to get him to We re-interviewed Jimmy, but he told us confess. the same thing that he had told the task force He also told me that another woman, in the first investigation, and then he started Peggy Casey, had disappeared during the avoiding us. same time period and in the same area as I was ready to bet my retirement that we Diane and was found dismembered in three were hunting with the right dog. But two counties around Dayton, Ohio. He thought Communication. Stop and talk to people, including those who are not “ potential witnesses.”

4 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases

days after Bud and I were on the news say- I was right to think that the person who was ing that a suspect in the case (Jimmy Wash- responsible for Diane’s death was familiar advice for er) had missed a meeting with us, I got a with the area where she was found. this call that took the investigation in a new energized me for what was going to be an working cold cases direction. additional three-and-a-half-week investiga- tion.  Communicate with law enforcement the woman caller said that her sister’s agencies in the area where your nephew, 27-year-old Larry Freeman, had the next day I headed down to the resi- suspect is living and where they murdered Diane Washer and told his broth- dence of Freeman’s brother, Billy, to talk to lived at the time of the crime. er and his brother’s wife about it. his wife, Melissa. Billy was in jail for molest-  Read the case reports of the investigators It was well past my shift by this time. I ing his and Melissa’s children, so I thought who worked the case before you. Autopsy was glad to get the tip because nothing was she might give Larry up to get away from reports also are a great resource. Read happening with Diane’s husband, and I was the Freeman clan. them as many times as necessary. a little worn out with running down leads in But she said that Larry had never talked  Realize if you are a supervisor that these hopes that this case would soon be solved. to her about killing Diane and that he was cases can draw out sometimes and For some reason, I drove to the area too sweet to ever do anything like that. she that the detectives need supervisory where Diane’s body was found after I left got a smile on her face and stars in her eyes support because these cases can get the office. when she made that statement. It turned very stressful. You can’t rush them. out that she was sweet on Larry and that  Alert the media after you have exhausted subdivisions or four-lane roads had not she had moved him in since his brother, touched this area. there was a mom and all leads in an effort to generate new her husband, went to jail. I told her to have ones. Do not alert the media if you have pop grocery close to the site, so I stopped in Larry call me if he wanted to talk. to get a Coke and started talking to a couple a suspect. Remember that there are of the locals. I told them that I was work- I had barely made it back to the office estranged wives, husbands, boyfriends, ing the case of the murdered woman whose when he called and agreed to meet me at girlfriends and lodge buddies out there who are waiting for you to just walk up body was found nearby. they didn’t know the sheriff’s office. and ask, “Do you know who did it?” Jimmy Washer, but they had heard of Larry Before our appointment, I spoke to Billy Freeman. they said that he was raised on Freeman at the jail. I asked him if Larry had  Be understanding and compassionate top of Big Jimmy Hill, which is near where ever told him about killing someone, and he when you contact the victim’s family. Meet Diane’s remains were discovered. they also said, “You mean that woman that he killed?” with the entire family to save time and then told me that Freeman would get mean and Billy said that Larry told him and Melissa have the family delegate a contact person volatile when he drank too much beer. that after he had sex with a woman he had so you do not have to call everyone with updates. Do not be offended when the family Boone County had been in an unbeliev- met in a bar, she said she had aIDs and that he lost it and beat her until she quit mov- gets angry with you because the DNA tests able growth spurt, so I didn’t know every- or the investigation takes too long. I used ing. one who lived there anymore. I had nearly to hate the day after CSI was on television allowed this to make me forget one of the according to Billy, Larry said that he because that is when I got most of the greatest, but least spoken about tools of law took her body to Big Jimmy Hill and that, calls about why we were taking so long. enforcement. Communication. stop and as he was covering it with rocks, he hit her  Accept assistance from fellow officers, talk to people, including those who are not in the head with a large rock to make sure private investigators and others who potential witnesses. she was dead. Larry said he burned the worked the case in the past. Run ideas these people were concerned about woman’s belongings in a fire pit at their past those you deem capable, and this poor woman who was found so close mother’s home in Grant County, Kentucky, remember to be humble because no one to their homes and farms. everyone in the Billy said. has a patent on law enforcement, and area had discussed the case extensively Was this a great witness statement or these cases do not have a pattern. when the body was found there more than what? unfortunately, a convicted child mo-  Be prepared to go the extra mile. I a year earlier. lester whose wife was living with the sus- had to travel quite a bit to interview after talking to them, I felt like I had just pect was not going to be a great witness at people about cold cases. awoken from an eight-hour sleep and had trial.  Be persistent. five cups of coffee. Now I believed there When I met with Larry, I told him that was going to be an end to this case and that I thought he had murdered Diane Washer. >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 5 Cold Cases >>

He, of course, denied it. as we spoke, I slid a picture of her toward him. He started breathing hard and wouldn’t look back down. He was shaking so hard that I thought he was going to have a seizure. this told me that I had the right guy for sure. I told him to look back down at her picture, and he stood up and shouted that he was not going to look at it again. He told me that he had nothing else to say. My next stop was to see Melissa’s mother, Goldie. My informant, Goldie’s sister, had said that Goldie told her about Larry killing Diane. Goldie denied it. I explained to her that I would put her and anyone else in the family who was lying in front of a grand jury if necessary. Obviously it was not going well with the Freeman family. But then Billy led me to his and Larry’s cousin Linda. she said that the entire family knew the story about Larry and Diane and that they were denying it out of fear. Linda said that Melissa knew what Larry had done and talked about it frequently. as the investigation continued, I searched the fire pit at Freeman’s mother’s home for evidence of Diane’s belongings, but as in so many cold cases, the evidence wasn’t there. I had run every possible lead and kept the heat turned up on every member of the Freeman family, but I had a bad feeling that I wouldn’t be able to get enough to convict Larry Freeman. then I got a break. Linda called. she said Larry and Melissa had gone to Grant County to get married, thinking that if they were husband and wife, Melissa could not be forced to testify against Larry. But Melissa was married to Billy. On the ride to jail after I arrested her for bigamy, Melissa said, through tears, that Lar- ry told her that as he and Diane Washer were driving down the road, he lost control of the vehicle and wrecked. she said Larry told her that Diane was thrown from the vehicle and died from a head injury and that he buried her under creek rock at Big Jimmy Hill.

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Cold Cases

she said that Larry would confess if he knew she was in trouble. We arrested him for bigamy, and after five minutes in a Kenner solved Four other Cold Cases room with Melissa, Larry confessed to kill- ing Diane in a car accident while they were intoxicated. viCTim: Tina Stevens – Skeletal remains found April of 2000 ConviCTed: Murder/Tampering with Evidence - Deborah Huiett Dr. emily Craig, Kentucky’s forensic senTenCe: Life anthropologist, determined that the hole aCComPliCe: Leonard Day in Diane’s skull could have resulted from the vehicle accident. aside from Billy’s ConviCTed: Complicity to Murder/Tampering with Evidence statement about Larry’s story, I didn’t have senTenCe: 55 years evidence that she was killed another way. viCTim: Marlene Major – Skull found in November 1980 More than four years after Diane’s death, Freeman was charged with first- ConviCTed: William Major (husband) degree manslaughter. He pleaded guilty in senTenCe: Life Boone County Circuit Court and received a 20-year sentence. viCTim: Peggy Casey – Remains found in three counties near Dayton, Ohio. CharGe: Rape/Murder/Tampering with Evidence One of the best feelings I have expe- rienced during my career came the week aCCused: Ray Clutter, Paul Anthony White before I retired when I charged someone Trial: Pending on both in another cold case - the murder of Peggy Casey. viCTims: Marie Schuholz and Starla Burns, murdered 1981 this was the case that my friend Bud ConviCTed: Murder for Hire in Kentucky/ Federal Court had told me about when we first met on CharGed: Two Counts Murder in Sharonville, Ohio the Washer case. It seemed my cold cases aCCused: Albert Schuholz had come full circle. Trial: Pending deTails: We arrested Albert Schuholz for attempting to murder his fourth wife and In closing, in the spirit of brotherhood, if I can ever be of any assistance, please her sister-in-law. In the process of taping him and the potential hit man, he said enough do not hesitate to call. I can be reached about his second wife’s murder that we passed the tape and case information to a Sha- through the Boone County sheriff’s Office ronville detective who charged him with the 1981 double murder. On the cases were: at (859) 334-2175. J the Boone County Sheriff’s Department, retired chief Don Delaney Ft. Mitchell Police and retired FBI Special Agent Larry Adams

As the investigation continued, I searched the fi re pit at Freeman’s mother’s home for evidence of Diane’s belongings, but as in so “many cold cases, the evidence wasn’t there. Winter 2005| KENTUCKY” LAW ENFORCEMENT  Profile | Karen Cassidy

/Photos by Edliniae Sweat

PROFILE BIO

Karen Cassidy began her career at the Department of KarenWhat changes have you seen in DOCJT dur-Cassidyin everything I do. My mom and dad taught Criminal Justice Train- ing your career? me that anything is possible if you work hard ing in 1986. Before DOCJT was so different when I started work enough. here in 1986. I started in Basic Training in the coming to DOCJT, she Here at the agency, I have been fortunate Stratton Building and there were eight Basic was employed by the enough to work with some extraordinary peo- instructors at that time. I remember watching Mount Sterling Police ple who were here when this agency started Department. Karen has the Funderburk Building being built. DOCJT and with people who continue to move law a Bachelor of Arts from students stayed at the old University Inn on enforcement training into the future. Eastern Kentucky Uni- the by-pass. Now I am in a section with eight versity and is working instructors who teach firearms in the Sayre Where do you think law enforcement train- on a master’s degree. Building next door to the McKinney range. ing is headed? She is the supervisor In firearms, I have been here for the days Forward at DOCJT! There have been so many of the Basic and Ad- of strictly revolver training to almost exclu- vanced Firearms Sec- changes in the past that predicting what will sively semi-automatic pistol, from a 10-week take place down the road is difficult. With tion. Basic academy to 16 weeks, from a building technology evolving so quickly, there seems that DOCJT shared with Eastern Kentucky to be something new every day. I see law University to our new, modern facilities, and enforcement training moving toward more from lecture-style classes to facilitation. practical training and application changes There are so many differences. The one in teaching styles like using problem-based thing that has remained the same though is the learning and computerized training. It is a dedication of everyone who works here. new concept but one that I think will be very effective. Who has been the most positive influence during your career and how? Everyone who works at this agency tries I would have to say my family is the most every day to improve training for the officers positive influence. My parents support me and recruits who attend.

68 KENTUCKY LAW ENFORCEMENT| Winter 2005 Karen Cassidy | Profile

What are some of the accomplishments of some of the staff each year who seldom get Christmas card for that year. I usually start which you have been most proud during a chance to go the Boonesborough Range. thinking about what I am going to do and try your years at DOCJT? It gives them an idea of what it is like at the to come up with a way to get the girls in that I am proud that I work here, for one. I am location. setting. Everyone asks me how I get the girls proud to be a member of this agency, one of to sit, dressed up for the picture. I take a lot the leaders in law enforcement training in the The DOCJT staff enjoys receiving your of pictures! When I first started, I was using a United States. Kentucky law enforcement unique Christmas cards each year. What are regular 35 mm camera. I think the first photo training can be proud that DOCJT was the your plans for this year? took about eight rolls of film. Since then, I first academy accredited by the Commission Several years ago, I started taking a picture have used a digital camera, which makes it a on Accreditation for Law Enforcement Agen- of my dogs — I call them my girls — dress- lot easier and less expensive. I always keep cies, or CALEA. This was quite an honor and ing them up and using the photo for a themed the theme a secret until I pass out the cards. the result of hard work by a lot of individuals. Christmas card. Each year, I go around to the One year, the girls were dressed as cowboys, I am also proud to be associated with many of sections at the agency passing out the cards. another year they were Santa and an elf. Last the fine people who work here. It has become my tradition. I get questions year, they were dressed like superheroes. It is Personally, I am proud to have had a role around May about whether I have started a lot of fun for me — but I don’t know how in some of the changes that have taken place thinking about what I am going to do for the much fun they have posing. J at DOCJT. I was one of the Basic Training supervisors when we went to a 16-week cur- riculum and schedule. So many changes took place at that time. I am also proud to have worked in Profes- sional Development. I feel that I have come full circle by being assigned to the Firearms Section. I was a firearms instructor for a little over 10 years and left that area to work else- where at this agency. I returned after being away for more than six years. We are so fortunate to have our offices in a location where we can walk to the armory and walk to an indoor firing range.

You enjoy working the annual DOCJT com- petition shoot. How does working in the competition shoot fit with the mission of DOCJT? I haven’t worked every year in the annual competition shoot like Bob French, Randy Baird and Cindy Hale, but every year that I have had the opportunity to assist in it, I have enjoyed seeing former students and new competitors. It’s hard to believe that next year will make the 14th annual competition. I enjoy being around the participants in a somewhat informal, competitive atmosphere. It gives the instructors a chance to show students that firearms competitions can be fun, and there is such a spirit of camaraderie. The proceeds from the shoot go to a charity designated by the competition committee. For the 2005 shoot, the winning team chose a hospice organization in their area — Bowling Green. I also enjoy working with

/Photo submitted

Winter 2005| KENTUCKY LAW ENFORCEMENT 69 Profile | Ron Godsey

PROFILE BIO

Ron H. Godsey is an investigator manag- er for the Department of Criminal Justice RWhat is youron background in law enforceGodsey- ter completing my tour of duty in the Army, I Training’s Compliance ment? was hired by the Kentucky State Police. Section. Prior to joining In 1952, when I was five years old, I received My career with KSP lasted 25 years until DOCJT, he retired as a serious head injury when a farm wagon ran a sergeant major after over me. After the accident, my parents had retirement in 1993. I worked traffic enforce- 23 years with the U.S. to take me from Delta in Wayne County to ment and criminal investigations in Frankfort Army Reserves and Monticello every day for follow-up treat- and Richmond. While at Richmond I received as a sergeant with the ment. During one trip, a truck carrying glass a Bachelor of Science degree in Police Admin- Kentucky State Po- pop bottles had overturned in a curve, and istration from Eastern Kentucky University. lice. He was with KSP our vehicle ran into the glass, puncturing two As part of KSP’s special investigations unit, for 25 years. Ron has tires. I worked undercover surveillance on orga- worked in the DOCJT nized crime. Basic Training Section A state trooper arrived at the scene of the as a law enforcement accident and took a big interest in me. I re- I received a promotion to sergeant and instructor, as a law member that he assisted in getting our tires went to Harlan, where I was squad sergeant enforcement instructor repaired and made sure I got to the doctor’s for Harlan and Bell counties. During my first senior in the Profes- office. six months as sergeant, we received 25 rookie sional Development I never forgot that trooper’s interest, con- troopers. Keeping them out of trouble was Section and as an in- cern and compassion. That encounter as a quite an experience. vestigator in the Com- five-year-old boy, along with the love and dis- As opportunities arose, I transferred to pliance Section. He and cipline of my parents, started me on the path Columbia and to Richmond to be closer to his wife, Betty, have to being a Kentucky state trooper. been married 39 years home. I was squad sergeant and operation ser- and have four sons and In 1966, I was drafted into the Army. I geant for the special response team, riot con- three granddaughters. graduated from military police school and trol squad, street level drug ops, marijuana was assigned to Fort Richardson, Alaska. Af- eradication and crime prevention.

70 KENTUCKY LAW ENFORCEMENT| Winter 2005 Ron Godsey | Profile

I came to DOCJT as a law enforcement 1999 under Investigator Manager Horace files. Our responsibilities have also expanded training instructor in Basic Training in 1993. Johnson. The section was formed to assist to ensure telecommunicators are compliant I transferred to what was then the In-service law enforcement agencies with compliance with training requirements. Training Branch in 1996. In 1999, I trans- issues involving Kentucky Law Enforcement ferred to the newly formed Compliance Sec- Foundation Program Fund and Peace Officer Share with us what you enjoy outside of tion as an investigator. I have been the investi- Professional Standards statutes, rules and reg- work. gator manager since 2002. ulations. POPS was brand new, and KLEFPF Most of all, I enjoy spending time with my incentive payments had never been audited three beautiful granddaughters Hunter, Tay- How has training been an important factor for compliance. They had been distributed lor and Katrina. I also like working in the yard in your law enforcement career? since 1972, so we had our work cut out for and raising a garden. I enjoy having family and When I graduated from the Kentucky State us. We also had the responsibility of monitor- friends over for a meal or going out with Police Academy in 1968 it had, and still has, ing Carrying Concealed Deadly Weapons in- them. I like to cook and enjoy traveling. the reputation of being one of the best in the structors, conducting background investiga- country. The excellent training I received tions on new employees and handling internal How do you and your wife, Betty, (who is supervisor of DOCJT’s Advanced Telecom- there and from my field training officer, H. investigations. C. Curly Shipp, prepared me for the reality munications Section), work as a team? of patrolling a rural area alone with backup One of the first things I did was to assist Some friends have told me that I married a county or more away. I have remembered the investigator manager and other investi- above my raising. I am proud to say that I did. the advice of my training officer: “Take what you learned at the academy and what I am go- ing to show and tell you, and it will keep you out of court and out of trouble.” Also, “Don’t fix the first ticket and you will never have to fix the second ticket.” My relationship with Curly Shipp goes beyond being my training officer to someone who saved my life. On the very first day I worked with him he saved me from being hit by a drunk driver. I further realized the importance of train- ing at the 2085th U.S. Army Reserve School. It was here that I developed a strong interest in instructing. The experience I had gathered as an army instructor, KSP trooper and sergeant led me to believe I had something to offer young po- gators in writing the policy and procedure Betty is one of those extra special women lice officers. “Been there, done that” was what manual for the section. We developed needed that makes a good police officer’s wife. She the police recruits often said was one of my forms and checklists as well as the first rota- has put up with a whole lot over the last al- favorite sayings. tion of audits. most 40 years. Between KSP and the Army Reserves, I was working most weekends, and When I started at DOCJT, instructor I spent a lot of time with chiefs, officers for four years my family saw me maybe two training outside the state had been suspended and their staff answering questions about the days a week. Betty raised our four boys and due to budget restrictions. In late 1994 I was new POPS laws and KLEFPF audits. did an excellent job. I am very proud of her privileged to be one of the first instructors to and my sons. receive approval to attend out-of-state train- What is your present role in the Compliance ing at the Cooper Institute in Dallas, Texas. Section? During the last several years we have The excellent instructor training I have re- We still have the responsibility of ensuring grown into a good team at home and at work. ceived by and through DOCJT has been ex- compliance with KLEFPF, POPS and CCDW We are both certified instructors, so even tremely important to my effectiveness as an laws and various investigations. now we give each other feedback on classes instructor. This year the KLEFPF fund will distribute that we are teaching. over $22 million to law enforcement agen- As supervisors we use each other as sound- Tell us about your role in developing cies in Kentucky. To make sure this money is ing boards for issues dealing with everyday the DOCJT Compliance Section as an investigator. being spent properly, we inspect training re- operations. J The Compliance Section was formed in April cords, timesheets, payroll records and POPS

Winter 2005| KENTUCKY LAW ENFORCEMENT 71

Team Offers 26 Recommendations to Crack Down on Sex Offenders /Jeanne Lausche, Communications Director, Office of Lieutenant Governor /Steve Lynn, Assistant General Counsel, Department of Criminal Justice Training

coalition charged with devel- KCASA is drafting an omnibus bill for oping a legislative strategy for consideration by the Kentucky General As- strengthening sex offender sembly’s 2006 legislative session. laws presented its recommen- “Strengthening Kentucky’s sexual of- dations to Lt. Governor Steve fender laws should not be a partisan issue,” APence in October. Pence said. “We must work together to pro- Declaring that sexual predators would tect the most vulnerable members of our be dealt with harshly in Kentucky, Pence society – our children.” launched the efforts to address sexual as- Throughout the summer and early fall, saults and child pornography earlier this KCASA conducted seven public meetings year. He formed Kentucky’s Coalition across the state to gather opinions, stories Against Sexual Assaults, KCASA, a group of and suggestions from Kentuckians. Hun- 11 professionals with experience ranging dreds of prosecutors, judges, victims’ ad- from law enforcement to corrections. vocates and other concerned citizens at- KCASA has been charged with tended, providing valuable insight about developing a strategy for leg- the current laws and those that could be islation to strengthen laws revised. to protect children and families from danger- “The bottom line is many sexual offend- ous predators. ers repeat their crimes over and over again, often because they get out of prison on pa- >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 73 /Photos submitted

>> role or are only sentenced to probation,” Pence said. buried alive. Authorities found her body less than p Floridian Mark Lun- “For instance, here in Kentucky, possession of child 150 yards away from her home almost a month sford, whose daughter pornography is currently a misdemeanor, when it was murdered by a later. should be a felony. We must better protect the most convicted sex offender, “I don’t want another child to have to suffer the vulnerable members of our society.” joined Lt. Gov. Steve way my Jessica suffered,” Lunsford said. “Lt. Gov- Pence in leading a motorcycle rally to draw KCASA co-chair, Bridget Brown, who is the ernor Pence is stepping up to the plate and tack- attention to Kentucky’s commissioner of the Department of Juvenile Jus- ling this problem so families in Kentucky never go need for stronger sexual tice, said that there was nothing more important through this nightmare.” predator laws. than “the safety and well-being of Kentucky’s chil- dren.” Convicted sex offender John Evander Couey, a neighbor and previously convicted sex offender, has “The proposals from the coalition will strength- been charged with capital murder, burglary with en Kentucky’s laws, ensuring that those convicted battery, kidnapping and sexual battery in connec- of sexual offenses will serve longer sentences and tion with Jessica’s abduction and death. Following mandating that those who are released are kept un- the Jessica Lunsford tragedy, Florida legislators der the watchful eye of Probation and Parole and passed “Jessica’s Law,” legislation that requires sex other law enforcement agencies throughout the state,” she said. offenders to wear electronic tracking devices at all times. To raise awareness about the importance of strengthening Kentucky laws, Pence also hosted “While commending Florida lawmakers for a statewide motorcycle tour in August, featuring swiftly reacting to this heinous crime, I do not want Mark Lunsford, a Floridian whose daughter was a similar catastrophic event to occur in Kentucky murdered by a child predator just six months previ- before we strengthen our laws,” Pence said. “Ken- ously. In a crime that made national headlines, his tucky must be proactive in this endeavor. We do not daughter, Jessica, was abducted from the family’s want to name a law in memory of an innocent child home by a repeat sex offender, abused, raped and who was a victim of a sexual predator.” J

74 KENTUCKY LAW ENFORCEMENT| Winter 2005 Sexual Offender Laws The Kentucky Coalition Against Sexual Assaults KCASA recommendations  consecutive sentencing for multiple sexual adult court if charged with a Class A, B or C offenses against multiple victims felony violent sexual offense involving a victim  life sentencing without parole for conviction who is four years younger than the offender of a second sexual assault against a child  repealing the three-year limitation of sex-  elevating the sexual abuse statutes offender treatment for juveniles by one penalty class  opening juvenile felony hearings to  codifying all felony sexual offenses in the public in certain cases the violent offender statute  prohibiting the mixing of public offenders  making the penalties for incest the same as rape and abused, neglected, or dependent youth  creating a special category in the sexual assault, rape in foster homes and other facilities and sodomy statutes for offenders who serve in a  requiring the disclosure of offender statements position of authority or special trust to the victim made in a treatment program in order to  increasing the sex-offender registry identify and provide assistance and protection period to 20 years and lifetime to past, present or future victims  increasing the penalties for non-compliance  including a special designation on Kentucky with the sex-offender registry laws drivers licenses or identification cards identifying  creating a definition of residence for the sex-offender a sexual offender to law enforcement registry that is applicable to homeless and transient  eliminating the statute of limitations persons with a requirement that homeless and in a civil sexual abuse case transient individuals re-register every 14 days  authorizing school boards to adopt policies  amending the Sex Offender Registry Act to include pornographic offenses involving minors regarding background checks of contractors  requiring offenders moving into Kentucky from who perform work in the school other states to register within five days  authorizing the use of hormone treatment  increasing the period of conditional discharge for (chemical castration) for a limited group of a sexual offender from three years to five years sexual offenders if recommended by a treatment  permitting sheriffs’ departments and other law provider and imposed as a parole condition enforcement agencies to conduct community  amending the hindering prosecution or apprehension notification without fear of civil liability statute to include family members who intentionally  prohibiting all sexual offenders on the registry hinder the apprehension or prosecution of an from residing within 1,000 feet of daycares, individual who is in violation of the requirements of schools, parks and public swimming pools the Kentucky sex-offender registry statutes or a  requiring electronic monitoring of those on bail for person who has violated the terms of sex offender sexual crimes and prohibition of released on own conditional discharge or parole for sexual offenses recognizance or unsecured bail for sexual offenses  conducting further study of the issue of civil  automatic transferring of some juveniles to commitment of mentally ill offenders

KCASA Members KCASA conducted Dave Baker, Holly Dunn, assault John Rees, 54th Judicial Circuit public forums in Lexington radio and victim and advocate commissioner of Commonwealth’s Ashland television journalist Ray Larson, the Department Attorney of Corrections Bridget S. Brown, 22nd Judicial Circuit Vickie Wise, Victim’s Erlanger commissioner of Commonwealth’s Eileen Recktenwald, Advocacy Division the Department of Attorney executive director Hazard Juvenile Justice of the Kentucky of the Office of the Mark Miller, Attorney General Lexington Mary Corey, retired commissioner Association of Sexual Jefferson District of the Kentucky Assault Programs Kathy Witt, Fayette Louisville Court judge State Police Linda Tally Smith, County sheriff Owensboro Providing support were: KSP Lt. Tanya Clark, Justice and Public Safety Cabinet Deputy Secretary Cleve Gambill, Tom Gilsdorf, Sharon Goode, Jeff Hancock, Lisa Howard, Steve Lynn, Chuck Massarone, Carolyn Miller, Phyllis Millspaugh, Luke Morgan, Jean Ann Myatt, Jo Carol Roberts, Jim Paducah Robertson, Fayette County Deputy Sheriff Jim Sanders, Ken Schwendeman, Tami Stetler, Jessica Skraastad and Dr. Rodney Young.

Winter 2005| KENTUCKY LAW ENFORCEMENT 75 Drug Recognition Expert Program

DRE Pilot Program

Comes to Kentucky/Abbie Darst, Public Information Officer

Late one Friday night you’re patrolling your beat when p Members of the you notice a car coming toward you, trying desperately Greater Madison Area Citizens Police Academy not to cross the center-dashed line, and intermittently Class No. 5 participate crossing the solid line on the right until the driver is star- in DUI detection training tled by the sudden, invading sound of rumble strips. You at the Department of think to yourself that this individual is either extremely Criminal Justice Training. Similar eye tests like tired or drunk, neither of which mix well with driving a those done in DUI vehicle. Without hesitating, you flip on your lights and detection are performed sirens and pull the car over. as part of a drug recogni- tion exam done by a drug Upon approaching the vehicle, you encounter two recognition expert. young men in their mid to late twenties; the driver ap- pears disconcerted, nervous and quickly becomes ag- /Photos submitted gressive. After performing a series of exercises to check for intoxication, you decide that you definitely have a drunk driver on your hands. You arrest him and take him to the station. However, he blows a 0.00 into the Intoxilizer 5000, hardly what you expected after the signs that you saw in his driving and in the administered field tests. Now what do you do? You have plenty of evidence of impairment, but no numbers to back it up. You can ask for a blood and/or urine sample but there are times when even the presence of drugs in those samples doesn’t hold up in court since certain drugs, like marijuana, can be traced in the system for up to 30 days.

76 KENTUCKY LAW ENFORCEMENT| Winter 2005 Drug Recognition Expert Program

n the near future, Kentucky law en- “KVE officers are particularly concerned “Officers often struggle in this area, forcement may have a way to combat with offenses that involve impaired driving,” knowing that an individual is impaired but situations like this. Kentucky is now KVE Commissioner Greg Howard said. “Last not knowing on which specific substance,” the 42nd state to host a Drug Evalua- year a KVE officer was recognized by Gover- Howard said. “The DRE program will help tion and Classification program. The nor Ernie Fletcher for having the most DUI boost officer confidence by giving them the DEC program teaches peace officers to iden- arrests of any officer in Kentucky in 2003, knowledge they need to recognize specific Itify a drug-impaired individual, and graduates and many of his arrests were drug related. drug-related impairments.” will obtain certification as Drug Recognition We are pleased to have the opportunity to DREs frequently administer tests when Experts. be the lead agency on a national program in making an arrest for drunk driving, if the “The increased substance abuse problems collaboration with the Department of Crimi- breath analysis is passed. The hour-long exam faced by Kentucky and experienced by the nal Justice Training. This program will better is considered 90 percent accurate and the state’s law enforcement officers every day prepare our officers to fairly and consistently DRE’s testimony may provide better evidence warrants drug-specific training for officers enforce DUI laws and get dangerous drivers for the prosecution than toxicology reports. across the Commonwealth,” DOCJT Com- off the street.” Blood tests may not measure the quantity missioner John Bizzack said. “The ability for DREs are trained to determine whether of drugs taken and, even if they do, may not us here at DOCJT to combat the issue of an individual is under the influence of drugs show a level high enough to prove impair- drug abuse from yet another proactive way is through a visual evaluation. DRE classes take ment. Urine tests do not accurately pinpoint very important. The DRE program will pro- an in-depth look at the physiology of drugs when the drugs were ingested and may not vide Kentucky’s officers with the tools they and focus on teaching officers how to take show the quantity. Therefore blood and urine need to effectively recognize and prosecute the vital signs of the impaired individual and tests alone may not be sufficient to prove the drugged-driving offenders and keep Ken- match symptoms such as blood pressure and person was affected by drugs when they were tucky’s streets safer.” clues in the eyes to identify the type of drug driving. The DRE’s exam and testimony pro- The Department of Criminal Justice Train- influencing the person’s body and behavior. vide that link between the toxicology report ing will host two pilot DRE training classes and the Driving Under the Influence charge. beginning in January 2006. Kentucky Vehicle With the extreme rise in substance abuse Enforcement is funding the pilot project and in Kentucky in recent years, law enforcement KVE officers will attend the first two sessions. agencies across the Commonwealth have be- The training will consist of 72 classroom-in- come more aware of the need for specializa- struction hours, including daily quizzes and a tion in drug-related issues from prevention final exam. After completion of the classroom to prosecution. Soon Kentucky’s officers portion of training, officers will complete a will join the other 5,800 DRE officers in the training internship. During the internship, of- United States in helping to combat substance ficers will conduct 12 DRE instructor-super- abuse cases that fall through the cracks by vised evaluations of drug-impaired subjects using expert training and skills to recognize and will complete a six-hour written specific impairments and testify on behalf of exam to obtain DRE certi- the arresting officer and department. J fication. For more information on the DRE Program contact Darrell at (859) 622-2339.

Winter 2005| KENTUCKY LAW ENFORCEMENT 77 Kentucky Women’s Law Enforcement Network stuck in

Kentucky Among States Taking Initiative to Fight the Emergence of traffickingHuman Traffi cking in the U.S. /By Abbie Darst Public Information Offi cer

orced labor, prostitution, physical world wide, affecting an estimated 600,000 within the criminal community represents a and sexual abuse, forced marriage, to 800,000 victims each year. approximately clear and present danger to the very founda- harvesting of human organs – this 17,000 of them are trafficked to the united tion of our civil society.” is the face of human trafficking, states, according to federal statistics. Victims the trafficking in Persons task Force was a ghastly business flourishing in of human trafficking have come from nearly established to analyze and assess the problem places like India, Nepal and China. and those 50 other countries to almost every part of of human trafficking including an identifica- Fengaging in the trade are not street-wise thugs the world and are trafficked to virtually every tion of federal and state laws relating to traf- trying to turn a dollar, they are upper-class state – to clandestine factories, restaurants, ficking in persons; identification of federal, members of society with respectable standing farms, massage parlors, even private homes state and local agencies involved in the preven- in their communities, said abhilasha Bisht, sr. where women and girls are kept in servitude, tion of human trafficking; the effectiveness of supt. of the uttaranchal Police Department according to the associated Press. existing state and local programs in prevent- in India. In atlanta, Georgia, starting in 1995, an ing human trafficking; and the effectiveness of Bisht made a presentation at the 2005 asian crime organization called snakeheads existing state and local programs in serving Kentucky Women’s Law enforcement Net- smuggled asian women into atlanta and victims of human trafficking, including health work on the problems and personal devas- would regularly trade the women between care, housing, education and legal assistance, tation caused by human trafficking in India. local and out-of-town brothels. Between 500 as stated in section 1 of HrC 210. she cited that more than 150,000 girls are and 1,000 women from all over asia were In addition, senate Bill 11, which will be trafficked in India each year and more than shuttled around the country from atlanta taken up in the 2006 legislative regular ses- 30,000 children disappear each year, 27 per- to brothels in places like arizona, Califor- sion, solicits for a new chapter to be added cent of which are never found. these statistics nia, Colorado, Florida, Illinois, Pennsylva- to Kentucky revised statute Chapter 509 rank India as one of the top nine places for sex nia texas, Indiana, Kentucky, tennessee and and designates that acts such as forced la- trafficking in the world. Ohio. this is no longer a problem that can be bor, service, restraint or confinement against However, people seem to have this stereo- viewed as distant and continue to go unno- another’s will be considered acts of human type that trafficking is only occurring over- ticed and unaddressed by law enforcement. trafficking and classified as Class B felonies. seas in these third-world countries. If they In 2004 the Kentucky House of repre- according to this same bill, “human traffick- do venture to think that it is happening in the sentatives drafted HCr 210, which created a ing means transporting, soliciting, recruiting, united states, they assume it is restricted to task force on human trafficking. the bill ad- harboring, providing or obtaining another Los angeles and NewYork City. In reality, traf- dresses the fact that the “continued existence person for transport. a person is guilty of ficking is a stubborn and staggering problem of sexual and economic slavery and peonage human trafficking when he or she engages in

 KENTUCKY LAW ENFORCEMENT| Winter 2005 Kentucky Women’s Law Enforcement Network human trafficking with the intent that the trafficked person engage in forced labor or services.” 6th Annual But the question may still linger – does human KWLEN trafficking really happen in Kentucky? Two recent articles published in Louisville’s Courier-Journal Conference a resound with a harsh and tragic “Yes.” Success In July 2004 the Courier-Journal published an /Photos submitted article entitled “Businesses Cash in by Selling Sex,” The Sixth Annual Kentucky that described the common usage of massage parlors Louisville man who was arrested for holding a 15- Women’s Law Enforcement in metro Louisville as a pretense for selling sex. The year-old girl captive in his home for two months Network Conference article described the life of the women involved, while raping her and forcing her into prostitution provided speakers and most of whom were Asian, sometimes sleeping on in nearby Bullitt County, as well as places in Indiana training on a wide range of mattresses on the floor and keeping their bags al- and Florida. The man was charged with unlawful ways packed to leave at a moment’s notice. Many topics and initiatives for the imprisonment, use of a minor in a sexual perfor- of these women only stayed in Louisville for a few more than 100 participants. mance, sodomy, sexual abuse and promoting prosti- months before being moved to massage parlors in a tution – all offenses that fall under the definition of different towns or states. The conference attendees human trafficking. also participated in a Several months later in November 2004 the As the problem of human trafficking hits closer Courier-Journal published another article about a community service project and closer to home and as more information is un- to provide personal hygiene covered about its origins and coordination, new items for Veterans’ Affairs steps are taken in the Commonwealth to inform Hospital patients. Facts on Trafficking officers on how to identify and stop this problem. The Department of Criminal Justice Training  Approximately 800,000 to 900,000 along with the Kentucky Regional Community Po- 2006 KWLEN Officers victims are annually trafficked licing Institute will be offering two human traffick- President across international borders. ing classes in 2006. The 24-hour course is designed Linda Mayberry  Sex trafficking is the third most to provide training for law enforcement personnel Justice and Safety profitable industry of organized crime. on the problem of human trafficking and ways to Center Annual revenues from sex trafficking combat it. Students attending this course will be 1st Vice President produce an estimated $7 billion. exposed to the nature and scope of human traffick- Debbie Marasa-Holly  Many are unable to seek ing; will become aware of victim identification, help because they do not rescue issues, investigation and prosecutorial con- St. Matthew’s Police speak English, they are afraid, siderations, as well as a need for coordinated com- Department threatened, socially isolated, or munity response to this violation of human rights. 2nd Vice President Melanie Watts their movement is restricted. One of Sr. Supt. Bisht’s suggestions for combat-  Many victims are forced ing human trafficking also centered on a strong Bowling Green Police to work in prostitution or sex inaction of community policing. Since the victims Department entertainment. Victims also are of this crime are often afraid, threatened, socially Secretary used in labor exploitation, such as isolated and restricted in their movement, an of- Jennifer Lube domestic servitude, sweatshop ficer’s heavy involvement in the community will Lexington-Fayette factories or migrant farm work. often gain him or her access to information about County Police  The Trafficking Victims Protection strange occurrences going on in particular homes Department Act, passed in October of 2000, and businesses, Bisht said. This privileged informa- Treasurer enables victims of trafficking to be tion may allow law enforcement to identify and Bella Wells treated as refugees in regards to their curtail traffickers in local neighborhoods. eligibility for federally-funded benefits. Lexington-Fayette The TVPA also created tougher Through training and broadened awareness on County Police penalties for trafficking-related crimes. the issue, Kentucky’s law enforcement community Department It was reauthorized in December 2003. has joined many law enforcement officers around Historian the world in learning to deal with this new, perva- Jacqualine Pickrell Information from the Department of Health and Human Services sive issue. J Kentucky State Police

Winter 2005| KENTUCKY LAW ENFORCEMENT 79 Homeland Security | KCPP - Assessed Communities KCPP Assessed Communities

CSX Rail Yards; Dupont Chemical; FAA VOR Beacon Site at Beauty Ridge; Greenup County Board of Education; Greenup Pineville County Courthouse; Greenup County Courthouse Annex; Greenup County: Bell County E911 Center; Greenup High School; Greenup Lock and Population: 2,093 Dam; Kentucky/Ohio Bridges; Mark West Hydrocarbon; McKell Size: 1.4 square miles Elementary School; Our Lady of Bellefonte Hospital; Railroad City Rank: Fourth Class Bridge at Siloam; Russell High School; Tennessee Gas Transmis- Mayor: Bruce Hendrickson sion Plant; Tennessee Gas Pipeline; Wurtland Middle School Chief: John Collins Sheriff: Bruce Bennett Date of assessment: August 15 to August 19 Stanton Sites assessed: Bell Central School Center; Bell County County: Powell Courthouse; Bell County Detention Center; Bell County EMS; Bell Population: 3,029 County High School; Bell County Senior Citizens Center; Bell- Size: 2.0 square miles Whitley Community Action Agency; Farmer Helton Judicial Cen- Class: Fourth Class ter; Lone Jack Elementary School; Pineville City Hall and Police Mayor: Virginia Wills Department; Pineville Community Hospital; Pineville Fire Depart- Chief: Kevin Neal ment; Pineville High and Elementary schools; Pineville Utility Com- Sheriff: Joe Martin mission; Pineville Water Treatment Plant; Wilderness Trail Manor Date of assessment: August 29 to September 1 Sites assessed: Powell County High School; Powell County Middle School; Stanton Elementary School; Bowen Elementary Mt. Vernon School; Clay City Elementary School; East Kentucky Power Sub- County: Rockcastle station; Cabinet for Health and Family Services; Powell County Population: 2,592 Courthouse; Powell County Emergency Services Center; Clay Size: 3.2 square miles City Municipal Building; Stanton Police Department; Stanton Fire Class: Fifth Class Department; Tennessee Gas Pipeline Compressor Station; Beech Mayor: Clarice Kirby Fork Water Treatment Plant/Reservoir; Stanton Waste Water Chief: Terry Jackson Treatment Plant Sheriff: Darrell Doan Date of assessment: August 15 to August 19 Sites assessed: Rockcastle County High School; Rockcastle Cynthiana County Middle School; Mt. Vernon Elementary School; Brodhead County: Harrison Elementary School; Roundstone Elementary School; Rockcastle Population: 6,258 Alternative School; Rockcastle Area Technology Center; Rock- Size: 3.3 square miles castle County Courthouse; 911 Emergency Dispatch Center; Class: Fourth Class Rockcastle Detention Center; Rockcastle County Sheriff’s Office; Mayor: Virgie Florence Wells Mt. Vernon City Hall; Mt. Vernon Police Department; Mt. Vernon Chief: Steve Muntz Fire Department; Rockcastle Health and Rehabilitation; Rockcastle Sheriff: Bruce Hampton Hospital; Mt. Vernon Water Treatment Plant; Mt. Vernon Waste Date of assessment: September 6 to September 9 Water Plant; Brodhead Waste Water Plant; Livingston Waste Wa- Sites assessed: 3M Cynthiana Manufacturing; Bullard Indus- ter Plant; Rockcastle County Judicial Building tries; Cynthiana City Hall; Cynthiana Airport; Cynthiana Waste Water Treatment Plant; Cynthiana Water Tower North US 27 and Public Safety Communications Tower; Cynthiana Water Treat- Greenup ment Plant; Cynthiana-Harrison County E911 Center; Eastside County: Greenup Elementary School; Harrison County High School; Harrison County Population: 1,198 Middle School; Harrison Memorial Hospital; Kentucky Utilities Size: .8 square miles Substation No. 690; Maysville Community College; Miles Farm Class: Fifth Class Supply; Southern States Mayor: Charles Veach Chief: John Brady Sheriff: Keith Cooper Date of assessment: August 22 to August 26 Sites assessed: Ashland Regional Airport at Worthington;

80 KENTUCKY LAW ENFORCEMENT| Winter 2005 KCPP - Assessed Communites | Homeland Security KCPP Assessed Communities Bowling Burlington County: Boone Green Population: 10,779 County: Warren Size: 8.4 square miles Population: 49,296 Sheriff: Mike Helmig Size: 35.4 square miles Date of assessment: Class: Second Class September 19 to Mayor: Elaine Walker September 23 Chief: Bill Waltrip Sites assessed: Walton-Verona High School; Walton-Verona Sheriff: Jerry Gaines Elementary; Conner High School; Conner Middle School; Ryle Date of assessment: September 12 to September 16 High School; St. Henry High School; Alternative Center for Educa- Sites assessed: Warren Elementary; Potter-Gray Elemen- tion; Boone County Justice Center; Boone County Public Safety tary; Bowling Green Junior High; Warren East Middle School; Campus-Sheriff’s Office; Sachs Automotive; Schwan’s Global Warren Central High School; Bowling Green High School; War- Supply Chain, Inc.; Aristech Acrylic; McLane Food Services; He- ren County Courthouse; Bowling Green City Hall; Bowling Green bron Station District Office-Mid Valley Pipeline Police Department; Warren Rural Electric Co-op.; Bowling Parks and Recreation; Bowling Green Municipal Utilities Office; War- ren County Justice Center; Bowling Municipal Utilities Water Danville Plant; Warren County Water Pump Station and Tower; Western County: Boyle Kentucky University; Science Building; Kelly Thompson Complex Population: 15,447 North and Center Wing; E. A. Diddle Arena; L. T. Smith Stadium; Size: 15.8 square miles Heating Plant; Applied Physics Institute; Thermal Analysis Labora- Class: Third Class tory; Bowling Green Police Department; Supply Services building; Mayor: John W.D. Bowling Eastwood Baptist Church; Hildreth Oil Company; Richpond Crop Chief: Jeff Peek Services; Medical Center at Bowling Green; Greenview Regional Sheriff: Leeroy Hardin Hospital; First Baptist Church; Community Action of Southern Date of assessment: September 26 to September 30 Kentucky; WBKO 13; Greenwood Mall Sites assessed: Boyle County High School; Danville High School; Kentucky School for the Deaf; Boyle County Government Services and Detention Center; Coldiron-Watkins Memorial Water Florence Filtration Plant; Elite Petroleum, Inc.; Southern States; Green Leaf County: Boone Plant Food Wholesale Inc.; Norfolk Southern Danville Yard and Population: 23,551 Bridges; Norton Center for the Arts; Ephraim McDowell Regional Size: 9.9 square miles Medical Center Class: Third Class Mayor: Diane Ewing Whalen Chief: Tom Szurlinski Elizabethtown Sheriff: Mike Helmig County: Hardin Date of assessment: September 19 to September 23 Population: 22,542 Sites assessed: Florence Government Center; Communica- Size: 24.1 square miles tion Tower; Florence Aquatic Center; One Stop Government; Fa- Class: Fourth Class cility/ Kentucky Environmental Protection; 5th/3rd Bank Center; Mayor: David Willmoth Jr. St. Luke West Hospital; Turfway Park Race Track; Champion Win- Chief: Ruben Gardner dow Field; Ockerman Middle School; St. Paul School; Cincinnati Sheriff: Charles Anthony Bell Telephone Station; Heritage Academy; Boone County High Williams School; Florence Fire Department-Headquarters Date of assessment: September 26 to September 30 Sites assessed: Central Hardin High; Elizabethtown High; Elizabethtown City Hall; Hardin Memorial Hospital; Hardin County Justice Center; Hardin County Courthouse; Addington Field; City Springs Water Plant; Valley Creek Waste Water Treatment Plant; Pear Orchard Road Water Tower; Cecilia Compressor Station; Hardin County 911; West Hardin Middle School; East Hardin Middle School; Helmwood Heights Elementary School; Hardin >>

Winter 2005| KENTUCKY LAW ENFORCEMENT 81 Homeland Security | KCPP - Assessed Communities

>> County Water District 2; Elizabethtown Police Headquarters; Nolin Department; Falmouth Police Department; Falmouth Water Plant; RECC; Dow Corning Company; Kentucky State Police Post No. 4 Midwest Gas; Pendleton County Courthouse; Pendleton County EOC/E911; Pendleton County Health Department; Pendleton County High School; Pendleton County Road Department; Pendle- Guthrie ton County Sheriff’s Office; Phillip Sharp Middle School; Southern County: Todd Elementary School; Suburban Propane Population: 1,469 Size: 1.4 square miles Class: Fifth Class Frankfort Mayor: Albert Scott Marshall County: Franklin Chief: Robert Whittlesey Population: 27,741 Sheriff: Keith Wells Size: 14.7 square miles Date of assessment: October 3 to October 6 Class: Second Class Sites assessed: Logan Todd Regional Water Plant; CSX Rail- Mayor: William I. May Jr. road; Guthrie Waste Water Treatment Plant; Railroad Overpass Chief: Mark Wilhoite Route US 79; Planters Elevator; South Todd County Elementary Sheriff: Ted Collins School; Guthrie City Hall/Police Department; Guthrie Fire Depart- Date of assessment: October 17 to October 21 ment; Koppers Incorporated; Guthrie Gas Metering Station; Guth- Sites assessed: Bondurant Middle School; Bridgeport Ele- rie Water Pumping Station – Clarksville; Guthrie Water Storage mentary School; Collins Lane Elementary School; Elkhorn Elemen- Tank/Communications Repeater tary School; Elkhorn Middle School; Frankfort City Hall; Frankfort High School; Frankfort Plant Board – Water Plant; Frankfort Police Department; Frankfort Regional Hospital; Wal-Mart Super Calvert City/ Center; Franklin County High School; Franklin County E-911 Center; Franklin County Courthouse; Hearn Elementary School; Benton Montaplast of North America; Network Operations Center; Peaks County: Marshall Mill Elementary School; Second Street School; Western Hills High Population: 2,701 (Calvert School City) 4,191(Benton) Size: 13.9 miles (Calvert City) 3.9 square miles (Benton) West Liberty Class: Fourth Class (Calvert County: Morgan City) Fourth Class (Benton) Population: 3,277 Mayor: Lynn B. Jones (Calvert City) Larry Spears (Benton) Size: 4.4 square miles Chief: David L. Elliott (Calvert City) Gary West (Benton) Class: Fourth Class Sheriff: Terry Anderson Mayor: Robert W. Nickell Date of assessment: October 3 to October 6 Chief: James Keeton Sites assessed: Marshall County High School; Wal-Mart; Sheriff: Mickey Whitt Marshall County Judicial Facility; Kentucky Dam; Kentucky Dam Date of assessment: October 24 to October 27 Park Airport; Benton Water and Sewer; Benton Elementary; Ben- Sites assessed: Ferrell Gas; Morehead State University ton Middle School; Calvert City Fire, Police and City Hall; Calvert Center; Morgan County Appalachian Regional Hospital; Morgan City Water and Waste Water Facilities; Calvert City Elementary County Courthouse; Morgan County Government Office Build- ing; Morgan County High School; Morgan County Middle School; Mountain Telephone; Old Mill Park; Oldfield’s Farm Supply; Falmouth University of Kentucky Technical Building; West Liberty City Gov- County: Pendleton ernment Building; West Liberty Elementary School; West Liberty Population: 2,058 Water Plant Size: 1.3 square miles Class: Fourth Class Mayor: Gene Flaugher Chief: Robert Scott Jr. Sheriff: Lark O’Hara Date of assessment: October 10 to October 14 Sites assessed: Falmouth City Hall; Falmouth City Main- tenance Garage; Falmouth EMS Headquarters; Falmouth Fire

82 KENTUCKY LAW ENFORCEMENT| Winter 2005 KCPP - Assessed Communites | Homeland Security

Frenchburg County: Menifee KCPP Will Population: 551 Size: 1.0 square miles Assess 30 Class: Sixth Class Mayor: Dwain E. Benson Additional Sheriff: Rodney Coffey Date of assessment: October 24 to October 27 Communities Sites assessed: Frenchburg City Hall; Clark Energy Coop- erative; Menifee County Sheriff’s Office; Kentucky Cabinet for in 2006 Families and Children; Menifee County High School; Menifee County Middle School; Menifee County Elementary School; Me- The Kentucky Commu- nifee County Board of Education office; Botts Elementary School; nity Preparedness Pro- Menifee County Court House; Cave Run Water Commission Wa- gram, the Department of ter Treatment Facility; Menifee County Farm Supply; Frenchburg Criminal Justice Training’s Waste Water Treatment Plant; Gladie Welcome Center; Edge- homeland security initia- wood Estates J tive that is preparing small- and medium-sized communities across Ken- tucky, has received a $1.2 million grant to assess an additional 30 communities Richmond Awarded in 2006. The assessment, which helps identify vulnerabili- ties and tighten security, is the first step a community takes to prepare itself and protect its citizens from a hostile event, a natural disaster or criminal activity.

“This program is a vital investment in Kentucky’s safety,” Governor Ernie Fletcher said.

The Kentucky Office of Homeland Security previ- ously approved $2.4 million for the implementation p Governor Ernie Fletcher presents Richmond Mayor Connie Lawson with a of KCPP in 60 small- and Prepared Kentucky Community certificate at a ceremony honoring the city and medium-sized communities Madison County for the advances they have made to public safety. Standing throughout the state in with the governor and the mayor, from left to right, are Madison County Judge Executive Kent Clark, Rep. Harry Moberly, Sen. Ed Worley, KOHS Director 2005. n Alecia Webb-Edgington and Lt. Governor Steve Pence.

Winter 2005| KENTUCKY LAW ENFORCEMENT 83 LEGAL Crawford v. Washington Implications of the Confrontation Clause of the Sixth Amendment to the United States Constitution /Hon. Neil Martin, Assistant Commonwealth Attorney 25th Judicial Circuit (Madison, Clark) /Thomas W. Fitzgerald, Staff Attorney Legal Training Section

[Ed. Note: This is Part I of a two-part article that will review the legal issues associated with the decision of the United States Supreme Court in this case.]

n March 8, 2004, the United had tried to rape her. The two had found Lee at his States Supreme Court decided apartment, and a fight ensued in which Lee was the case of Crawford v. Washington1. stabbed in the torso and Crawford’s hand was cut4. Justice Antonin Scalia wrote the Crawford’s trial was conducted upon the charg- majority opinion of the case, and es of assault and attempted murder and he claimed he was joined by Justices Stevens, Kennedy, Souter, self-defense. The state of Washington played for the OThomas, Ginsburg and Breyer. A concurring opin- jury Sylvia’s tape-recorded statement to the police ion was tendered by Chief Justice Rehnquist, and describing the stabbing, even though he (Michael) he was joined in his opinion by Justice O’Connor. In a nutshell, the Court held that out-of-court had no opportunity for cross-examination. Sylvia statements by witnesses that are testimonial are did not testify at the trial because of the state’s mar- barred, under the Confrontation Clause of the Sixth ital privilege, which generally prevented a spouse Amendment2, unless witnesses are unavailable and from testifying without the other spouse’s consent. defendants had prior opportunity to cross-examine In the state of Washington, however, the marital witnesses, regardless of whether such statements privilege did not extend to a spouse’s out-of-court are deemed reliable by court, which was the “old” statements admissible under a hearsay exception. standard used to evaluate such statements3. Therefore, the state sought to introduce Sylvia’s tape-recorded statements to the police as evidence On August 5, 1999, Kenneth Lee was stabbed at that the stabbing was not in self-defense5. Crawford his apartment. Police arrested Michael D. Crawford claimed that admitting the evidence would violate later that night. After giving Crawford and his wife, his federal constitutional right to be “confronted Sylvia, Miranda warnings, detectives interrogated 6 each of them twice. Crawford eventually confessed with the witnesses against him.” that he and Sylvia had gone in search of Lee because Justice Scalia opined that “Leaving the regulation he was upset over an earlier incident in which Lee of out-of-court statements to the law of evidence

84 KENTUCKY LAW ENFORCEMENT| Winter 2005 LEGAL

would render the Confrontation Clause powerless applies at a minimum to prior testimony at a pre- to prevent even the most flagrant inquisitorial prac- liminary hearing, before a grand jury, or at a former tices.” 7 The Court in the decision makes a distinc- trial; and to police interrogations. These are the tion between testimonial and non-testimonial state- modern practices with closest kinship to the abuses ments and undertakes a historical review of prior at which the Confrontation Clause was directed. decisions. Where testimonial statements are at issue, the only Under the court’s prior decision in Ohio v. Rob- indicium of reliability sufficient to satisfy constitu- erts8 tional demands is the one the Constitution actually , the right (to be confronted with the witnesses 12 against him) does not bar admission of an unavail- prescribes: confrontation. able witness’s statement against a criminal defen- The decision provides guidance, in fact appears dant if the statement bears “adequate ‘indicia of reli- to have created a bright-line rule, in that if an out- ability,’” a test met when the evidence either falls of-court statement is taken by a government agent, within a “firmly rooted hearsay exception” or bears (including, but not limited to, law enforcement of- “particularized guarantees of trustworthiness.” 9 ficers) and offered against a criminal defendant the Crawford’s trial court let Sylvia’s tape-recorded statement will be considered to be testimonial if the statements to the police into evidence based upon witness reasonably could expect that the statement the analysis that it bore a “particularized guarantees will be used in a later trial. The statement then is of trustworthiness.” only admissible if the person who makes it testifies From a historical perspective, the framers of the at trial, or if such person is unavailable at trial the Constitution would not have allowed admission of defendant had a prior opportunity to cross-examine testimonial statements of a witness who did not ap- the person. The person who bears such testimony pear at trial unless he was unavailable to testify and must be confronted with the rigors of cross-ex- amination. By so holding, the Court abolished the the defendant had had a prior opportunity for cross- 13 [Ed. Note: This is Part I of a two-part article that will review the legal issues associated with the decision of the United States examination. English authorities and early state cas- Ohio v. Roberts test in cases of testimonial hearsay Supreme Court in this case.] es indicate that this was the common law at the time statements. J of the founding. The Sixth Amendment’s “right ... to be confronted with the witnesses against him,” is Part II, in the next issue of Kentucky Law most naturally read as a reference to the common- Enforcement, will conclude with an ex- law right of confrontation, admitting only those ex- amination of some case law decisions over ceptions established at the time of the founding10. issues that have been implicated with the changes announced by the Court in this Where testimonial statements are involved, the decision. opinion of Justice Scalia continued, “We do not think the framers meant to leave the Sixth Amendment’s protection to the vagaries of the rules of evidence, much less to amorphous notions of ‘reliability.’ 1 Crawford v. Washington, 124 S. Ct. 1354 (2004) Admitting statements deemed reliable by a judge 2 Constitution of the United States, Sixth Amendment is fundamentally at odds with the right of confron- 3 Ohio v. Roberts, 100 S. Ct. 2531 (1980) tation. To be sure, the clause’s ultimate goal is to 4 Crawford v. Washington, 124 S. Ct. 1354, 1357 (2004) ensure reliability of evidence, but it is a procedural 5 rather than a substantive guarantee. It commands, Id at 1357,1358 6 not that evidence be reliable, but that reliability be Constitution of the United States, Sixth Amendment assessed in a particular manner: by testing in the 7 Crawford v. Washington, 124 S. Ct. 1354, 1364 (2004) crucible of cross-examination.” 11 8 Ohio v. Roberts, 100 S. Ct. 2531 (1980) 9 Id at 2531 Where testimonial evidence is at issue, however, 10 the Sixth Amendment demands what the common Crawford v. Washington, 124 S. Ct. 1354, 1356,1357 (2004) 11 law required: unavailability and a prior opportunity Id at 1370 for cross-examination. We leave for another day 12 Id at 1374 any effort to spell out a comprehensive definition 13 Ohio v. Roberts, 100 S. Ct. 2531 (1980) of “testimonial.” Whatever else the term covers, it

Winter 2005| KENTUCKY LAW ENFORCEMENT 85 LEGAL Don’t Get Lost in the Search for a Missing Person /Mark E. Ihrig, J.D., Deputy Director Boone County Emergency Management

he terrible outcome of the June search In addition to your agency procedures, is defined in KRS 39F.010(6) as “the active for three missing Camden, New Jer- KRS 39F.190 requires that your jurisdiction process of looking for a person or persons sey children drew national attention have a comprehensive, written search and res- whose location is not precisely known, and to law enforcement procedures for cue plan that is a part of the local Emergency who may be in distress.” The determination missing person reports. The Camden Operations Plan. The development of this to search should be based on the urgency or Tyouths were found dead in the trunk of a car search and rescue plan is the responsibility of possibility of distress. The law does not re- in the same yard where they were last seen the local search and rescue coordinator. Pur- quire, or even suggest, any so called “waiting 50 hours earlier. The Camden Police Depart- suant to KRS 39F.200, the local search and period” or delay in reporting a missing person ment policies, training and search procedures rescue coordinator is either the Emergency or initiating a search. KRS 39F.180(7) makes all came under intense scrutiny. it clear that there should be no delay in noti- Do not wait for a tragic event such as this fying appropriate resources to respond to a to force your agency into action. Now is the missing person report or a request to search time to review your procedures for handling if necessary. Your agency should incorporate missing person reports and search incidents. into your written procedures the criteria that a first responder, usually a law enforcement Kentucky law enforcement agencies officer, should consider when determining if and dispatch centers are required by KRS an active search is required. 39F.180(5) to have a written procedure for handling missing person reports and requests Your agency procedures should also pro- to search for missing, lost or overdue persons. vide guidance as to which events are generally not considered a search mission. These may Your written procedures should, at a mini- Management director or a designee appoint- mum, address how a missing person report include: locating a wanted person, escapee ed with the concurrence of local government. or absconder; locating an adult who has run will be handled, criteria for deciding when Your agency should offer to assist in the an- to search, search procedures, and who and away voluntarily; and locating a child over nual review of the search and rescue plan or, the age of eight who has run away voluntarily when to notify. You should consult with your at the least, should become familiar with the local Emergency Management Director, local provided there is no evidence to the contrary. plan so that your agency’s written procedures These incidents are generally deemed law Search and Rescue Coordinator and any res- are consistent with that plan. The basic pro- cue squad that serves your jurisdiction. The enforcement matters. Additional guidance cedures for all law enforcement agencies in a should be provided to assist with determining Kentucky Division of Emergency Manage- county should be similar. ment state coordinator of Search and Rescue the need to search. It is important to con- is another valuable resource. There is no statutory guidance that tells sider the following factors when determining us when to initiate an active search. Search the need to search: age, medical conditions,

86 KENTUCKY LAW ENFORCEMENT| Winter 2005 LEGAL

whether the missing person was alone or with two hours be reported to the local Emergen- urgency and search methodology including a others, their knowledge of the area, experi- cy Management director and the local Search practice night search. Occasionally, the divi- ence in the outdoors, weather conditions, ap- and Rescue coordinator. The better practice sion also offers more advanced classes in man- propriate clothing, hazardous terrain involved would be to notify them whenever you de- aging search operations. and any other information that may raise the cide to initiate an active search so they can be Every effort must be made not to be com- search urgency. It is critically important not involved from the outset and provide access placent with missing person reports and allow to assume that a missing child or teen is a to valuable resources. If the search continues the routine to lull us into inaction. Failure to runaway, particularly if there is no history of for a total of four hours without the subject act appropriately in a timely manner, make that behavior, or assume that an adult that is being located, KRS 39F.180(3) states that the the proper notifications and request the nec- reported missing has gone voluntarily. incident must be reported to the duty offi- essary resources can have a tragic result. J Should it be determined that a search mis- cer for the Kentucky Division of Emergency Management. That responsibility usually falls sion is appropriate the following initial steps Referenced statutes may be found at: to the local Search and Recovery coordina- should be taken: 1) establish an identified http://www.lrc.ky.gov/KRS/039F00/ tor. command post location; 2) initiate interviews CHAPTER.HTM of appropriate persons to obtain all neces- Finally, follow-up is critical. Even if the sary information including the description situation does not initially appear to justify a

and the Place Last Seen (PLS) or Last Known /Photos submitted by Madison County Rescue Squad, Inc. Position (LNP) of the person(s), obtain maps as appropriate for the area, including topo- graphical maps, determine high probability areas where search efforts should initially be directed; segment the search area using natu- ral and manmade boundaries, confine the search area using perimeter controls, deploy trained searchers to perform a quick search of high probability areas with an emphasis on clue conciousness. The use of a computer telephone notification system commonly re- ferred to as “Reverse 911” may be helpful to call persons in a certain geographic area with the description and request them to call if they have seen the person or have any impor- tant information. Resources such as ground search teams, civilian search dogs and aircraft often take some time to be dispatched and deployed so it is important not to delay the request for appropriate resources. This is not the place for a go it alone mentality. Call takers and first responders should search, be aware that conditions do change. quickly attempt to determine if the person p Bill Hicks (in red) and members of reported missing has an organic brain disor- Law enforcement officers should remain in the Madison County and Estill Coun- der, including but not limited to Alzheimer’s contact with the reporting party to deter- ty search and rescue teams gather to disease. KRS 39F.180(2)(b) requires that mine if, at some point, an active search does discuss whose jurisdiction will handle the search for the missing child who these incidents be immediately reported to become advisable. If the individual is found or returns, again, that information should be was swept away in high waters along the local Emergency Management director, the two counties’ borders. the local Search and Rescue coordinator and recorded so that the case can be closed. the duty officer for the Kentucky Division of Law enforcement and dispatchers may t Sookie, bloodhound, is owned Emergency Management at (800) 255-2587. want to take advantage of the Basic Search and handled by Bud Dixon of the Jef- ferson County Search Dog Associa- Once the decision is made to initiate a and Rescue class offered by the Kentucky Di- tion. In this picture, Sookie is working search it is imperative to monitor the time vision of Emergency Management. This class a drowning search. Sookie is primarily that has elapsed. KRS 39F.180(1)(a) and (b) provides an excellent opportunity to learn a trailing dog, and is also trained in water and cadaver recovery. require that any search lasting longer than essential skills for determination of search

Winter 2005| KENTUCKY LAW ENFORCEMENT 87 TECHNOLOGY

New Findings Expand ners screaming in their ears, may have per- ceived their gunshots as puny pops and so on – many sound distortions or omissions. Now we know why this so-called auditory blocking Understanding of takes place. “Likewise, we understand why they may not see something within their field of vision, Tunnel Vision, Auditory such as where their partner was standing, where civilians were, when they are focused on listening to audible stimuli. And we know that these phenomena are real, an unavoidable Blocking & Lag Time part of the human condition, not just some- thing cops imagine.” In a Web-posted video explaining his ex- periments, Yantis references work at the /Force Science News University of Utah that, like his study, would seem to most civilians to have primarily road rain researchers at Johns Hopkins es, brain areas that respond to visual images safety implications. University have shed new light on showed diminished activity. (The video can be accessed at: www. the auditory blocking and tunnel In effect, when a subject concentrated vision officers often experienced jhu.edu/news_info/news/audio- on one source of sensory input – looking video/brain.html. You can click on the during deadly encounters, while re- at something, in this case – that essentially searchersB at the University of Utah have sur- photo of Professor Yantis to launch the turned down the volume on the part of the faced new information related to lag time. video or click the link at the end of the brain that monitors hearing. And vice versa. printed news release.) In both cases, the findings will help ad- As Yantis puts it: vance studies at the Force Science Research At Utah, researchers monitored subjects Center regarding officer behavior during “When attention is deployed to one mo- talking on a cell phone while operating a vi- shootings. dality, it necessarily extracts a cost on another sual driving simulator. This study measured modality. The brain can’t simultaneously give reaction time and found, for example, that a The Hopkins study, led by Dr. Steven Yan- full attention to both.” driver’s reaction to the brake lights of a car tis, a professor in the Department of Psycho- antis uses this finding, reported in ahead is significantly slower if he or she is en- logical and Brain Sciences, tracked how the gaged in a phone conversation. human brain handles competing demands for last November’s issue of the Jour- attention. nal of Neuroscience, to explain why Lewinski believes this finding, too, “has cell phone conversations diminish a important law enforcement implications, In a neuroimaging lab, adults ranging in driver’s visual acuity for what’s hap- concerning the impact of distraction. In this age from 19 to 35 were asked to view a rap- Ypening on the road. But Dr. Bill Lewinski, case, if you are listening to something (a cell idly changing computer display of multiple executive director of the Force Science Re- phone conversation) it will delay your reac- numbers and letters while listening through search Center at Minnesota State University- tion to something that occurs in your visual headsets to three voices simultaneously speak- Mankato, sees important law enforcement field.” ing numbers and letters. This was intended to implications. simulate “the cluttered visual and auditory But distractions within a particular sen- input people deal with every day.” Using so- “This explains why officers defending sory realm such as within your visual field, phisticated imaging equipment, Yantis and his themselves in a shooting may not hear things will produce delays, too, he points out. “If team recorded the subjects’ brain activity. accurately, or at all,” he told Force Science you are focused on watching one thing you News. “Their intense focus on a powerful vi- won’t detect changes as rapidly in the other They found that when the subjects direct- sual stimulus – a threat to their life – causes parts of your visual field that you aren’t con- ed their attention to visual tasks (“tunneling their brain’s hearing receptors to shut down. centrating on. in” on the computer screen), the parts of the brain that record auditory stimuli registered “We’ve known for a long time that shoot- “For example, if you are intently watching decreased activity. By the same token, when ing survivors often don’t hear their rounds a suspect’s right hand because you think he they focused on listening to spoken messag- going off, can’t remember hearing their part- might produce a weapon there and instead he

88 KENTUCKY LAW ENFORCEMENT| Winter 2005 TECHNOLOGY

comes up with a weapon in his left hand, your tention and recording what it perceives. It and reaction time in complex new ways, Le- reaction time will be significantly impaired.” shifts among competing stimuli to accommo- winski says, and these latest studies will assist In the practical world of the street and in date what seems most important, and blocks in that research. “Later,” he says, “we will in- court the ramifications of these perceptual out the rest. vestigate how training can best be designed to studies are “profound and wide ranging,” Le- In reality, you may be capable only of help officers better overcome the challenges winski stresses. vague generalizations after an experience they face.” J hey show, for instance, how dealing like a shooting. Those investigating or judging with multiple suspects in a high-stress you need to realize you are not feigning lack For a more complete discussion of the encounter presents an extreme chal- of memory. Details that were not important recent university studies and their im- lenge to you as an officer. Not only to your survival during the microseconds of plications for law enforcement, go to: a shooting may not have been recorded. You will you be able primarily to see only http://www.forcesciencenews.com/ Twhat you are focused on at any given moment will simply remember what you were focused visuals/newdev.pdf but your own brain may sabotage or delay on at the time, not what someone who was your ability to perceive and react to threats not there at the moment of crisis may think There you’ll find a special report outside your immediate focus. If you’re not later is important. Lewinski has prepared, including a anticipating a threat from beyond your point Part of FSRC’s mission is to research how detailed examination of one reaction- of concentration, you can be caught flat-foot- officers can cope with the phenomena re- time challenge in particular – the time ed and be way behind the reactionary curve vealed in the university studies cited above. it takes officers to respond to a change when a threat is presented. A number of experiments are underway or in circumstances and stop shooting at a previously perceived threat. Moreover, you may be held to unrealistic planned at the center to explore perception standards in court or during departmental investigations after a major use of force if the persons probing or judging your actions don’t understand the psychological influences involved. “People questioning you are seri- ously deluding themselves if they think you can perceive, pay attention to, react to and remember everything with clarity and preci- sion, even if it happened directly in front of you,” Lewinski says. The reality is that most of us are pretty poor, in fact, incapable of perceiving and re- cording everything that occurs to us at any particular moment. Not perceiving the total- ity of an event is how we normally operate. Even in non-stress situations, not to men- tion a life-threatening confrontation, once we focus on anything, even if it’s a thought in our own head, we significantly compromise our ability to perceive and remember what else is occurring around and to us. The uninformed person will wonder why in a lethal situation you can’t remember how you moved or shot or how many rounds you fired or the movement of the very person you are shooting at to save your life. The bottom line of Dr. Yantis’ work is that the brain has limited capacity for paying at-

Winter 2005| KENTUCKY LAW ENFORCEMENT 89 TECHNOLOGY

afford to buy or what features officers were looking for in doing their jobs.” Tailor-made OLETC, located in Wheeling, West Vir- ginia, is the commercialization arm of the National Institute of Justice’s National Law Enforcement and Corrections Technology Technology: Center system, with a mission of placing in- novative technology in the field and helping law enforcement and correctional officers do In-Car Digital their jobs more efficiently and safely, Barte said. At any given time OLETC staff mem- bers are working with a number of vendors that have products in various stages of devel- Video Recorder opment. Also, every year OLETC hosts sev- /NLECTC eral Commercialization Planning Workshops – 4-day events that introduce all elements of t offers high-quality digital video record- Coban’s designers the opportunity to ride the commercialization process to technology ing capability in a unit small enough to along with officers and fine tune the newly innovators and provide guidance on the tech- fit between a patrol car’s visors and con- developed system. Coban began by building nology and its proposed business plan. tinuous recording of images and sounds a very rugged system for the troopers from onto a hard drive in a preprogrammed Humble, Texas, a Houston suburb. Coban staff “We were still wet behind the ears,” Hi- Iloop, usually 1 to 2 minutes long. When over- rode with troopers in their newly equipped nojosa said. “I was still trying to understand head pursuit lights are activated, the recorder cruisers, troopers like Jeff Shipley, who once the whole commercialization process. The automatically saves the previous loop and played in the Canadian Football League, and workshop was where I began to grasp what continues recording, without erasing, until his partner Don Bender. Each stands almost we needed to do and the steps that needed pursuit lights are turned off. Images include 6 ½ feet and weighs approximately 250 to take place. We learned we needed to syn- a date/time stamp and can be synchronized pounds. “We were learning how the officers chronize our engineering and marketing ef- with radar readings and global positioning forts. Now we’re into the second version of system data. At the end of a shift, the hard our product.” drive can be removed and images download- After attending the workshop, Hinojosa ed into a database for search and retrieval. tried to make a connection with IBM, call- The device includes automatic focus, auto- ing hundreds of people until he finally got the matic zoom, and simultaneous audio record- company’s attention. Coban ultimately be- ing, and it provides higher quality images than came an IBM business partner, reselling prod- videotape. Operational range is more than ucts to IBM. Thus, when the Yakima (Wash- 1,000 feet. It can be activated remotely and ington) Police Department called looking for images transmitted to headquarters through a digital video system about a year later, IBM a panic button. It helps ensure evidence in- work in the car, how the district attorney ac- became the prime contractor and Coban be- tegrity through an electronic chain of custody cepts evidence, things like that, and we were came the subcontractor. IBM and Coban have and an encrypted algorithm that reflects any able to fine tune our system to provide great since run pilot projects in Santa Barbara, Cali- change to the file. If the Coban In-Car Digi- utility for them,” Coban Director David Hi- fornia; St. Louis, Missouri; and Tyler, Texas. tal Video Recorder seems tailor-made to law nojosa said. “All these departments are different, with enforcement needs, it is — in part due to the It was also during 2001 that Hinojosa con- different procedures, different needs and dif- developer’s goal to meet the unique needs of tacted OLETC to find out more about the law ferent requirements for mounting the hard- policing and in part due to the commercial- enforcement market. “When Coban called,” ware in their cars. The pilot projects led to ization assistance provided through the Office OLETC Technology Agent Wayne Barte said, contracts with all three departments,” Hino- of Law Enforcement Technology Commer- “we thought they’d be a good candidate for josa said. J cialization. our Commercialization Planning Workshop. In 2001, Coban Research and Technolo- Company representatives attended in June For more information about the Coban In-Car gies, Inc. set out to apply digital video re- 2002. They got a lot out of the workshop Digital Video Recorder or the commercializa- tion assistance activities offered by OLETC, cording techniques to the particular needs because they put a lot of effort into the pro- contact Wayne Barte, (888) 306–5382 or of law enforcement. A pilot project with the cess. At that time, they had a real bare-bones [email protected]. OLETC maintains a Web Texas Department of Public Safety provided system and didn’t know what agencies could site at www.oletc.org.

90 KENTUCKY LAW ENFORCEMENT| Winter 2005 TECHNOLOGY

What’s New? cials say the plan would be paid has already made two arrests, for through local, state and fed- even though they have only gone eral money, but did not give an online three times in their first com/Breathalyzer+source+co estimate of costs. Such fusion three months of active partici- Breathalyzer de+must+be+disclosed/2100- centers are already in operation pation in chat rooms. Similarly, 1028_3-5931553.html in states such as Arizona, Colo- Reserve Officer Julie Posey of Source Code rado, Kansas, Massachusetts, the Wellington (Kansas) Police and New York, and are underway Department – who first started Must Be in Kentucky. “All we’re doing is combating online pedophiles as Disclosed Data Center collocating law enforcement data a civilian intern in a Colorado CNet (11/03/05); McCullagh, Declan for law enforcement users,” said district attorney’s office – says Heads State Texas homeland security Direc- that when she enters a chat room Security Plan tor Steve McCraw. He added that pretending to be a young teen, Dallas Morning News (11/02/05) P. 1A; only law enforcement data would “I’ll be contacted by 20 to 40 Mittelstadt, Michelle be assessed rather than credit men in the first few minutes. exas is building a new in- card data, medical information or And they’re not saying ‘Hi, how Tformation center that ex- property ownership data, and that are you?’ They’re saying, ‘Are you A amines data from 2,685 police the center has been reviewed to naked?’” While the vast major- Sarasota departments across the state us- eliminate privacy issues. http:// ity of online predators are male, County court ing data-mining techniques. The www.wfaa.com/sharedcontent/ there have been cases involving ruling could drastically im- aim is to help agencies enhance dws/news/texassouthwest/sto- women, including women meet- pact the use of electronic breath- policing and recognize potential ries/DN-homeland_02tex.ART. ing male teens online and moth- alyzers as evidence in cases filed terrorism patterns from appar- North.Edition2.1d2df6f8.html ers willing to sell their children against suspected drunk drivers. ently unrelated information. The for sex. The nature of people The justices ruled that a defense Texas Fusion Center is a five-year arrested for preying on children expert must be given access to initiative intended to integrate Trolling for online could also come the source code used by the In- 34 state agencies and 24 as a surprise; in af- toxilyzer 5000 developed regional councils to aid Predators fluent Peachtree by CMI of Owensboro. in thwarting terrorism, Police (10/05) Vol. 29, No. 10, P. 32; Kyrik, City, Georgia, for Kelly “Unless the defense can see safeguarding key example, people how the breathalyzer works,” i n f r a s t r u c - ccording to a study arrested include a the decision reads, the device ture, and Atitled “On-line Vic- school superinten- amounts to “nothing more recover- timization, a Report dent, a Web designer than a ‘mystical machine’ ing from on the Nation’s Youth,” employed by a school used to establish an accused’s disaster. one-fifth of the estimat- board and a production en- guilt.” Florida courts have The initia- ed 35 million children us- gineer for a major broadcasting been at odds over the use of tive links ing the Internet has received an firm. Many of the law enforce- breathalyzers as evidence and embedded online sexual solicitation in the ment officials who end up on the the public’s and defense’s right fingerprints to past year. This has given rise to online-predator beat were never to information about their inner driver’s licenses and identifica- a new breed of law enforcement expecting to end up there, but workings. Some cases have been tion cards; creates a database for officials all over the country who just find their way into the duty tossed out while other courts have identifying risks faced by critical work to combat “computer facili- by circumstance. Posey, however, ruled that such data is a trade se- infrastructure such as seaports, tated crimes against children” by is an exception, as she started cret and deserves to be guarded. petroleum refineries, and wa- uncovering pedophiles in online combating online pedophiles as A 1988 case found that police had terways; enhances surveillance chat rooms. Most of them have a civilian because of her experi- changed a device so much that its efforts to detect possible disease been taken aback by how bra- ence being molested as a child, results could no longer be con- or agricultural threats; and helps zen the predators online can be and her civilian efforts inspired sidered accurate or be admitted school districts develop their – for example, the Laguna Beach a 2003 TV movie. http://www. as evidence. http://news.com. own risk assessments. State offi- (California) Police Department policemag.com. J

Winter 2005| KENTUCKY LAW ENFORCEMENT 91 Pilot Project Focuses on Communications Interoperability entucky has been se- minded of the necessity to ensure that lected as one of only tragedies like the one of september 11, two states to participate 2001 never happen again,” Governor in a first responder com- Fletcher said. “On that fateful day, over munications interoper- 300 New York City firefighters lost their ability pilot project, according the u.s. lives because they couldn’t communi- KDepartment of Homeland security. cate with one another and with local the project focuses on communications law enforcement. this pilot project will capabilities among first responders, help us ensure that such a tragedy never particularly wireless communications. occurs here in the Commonwealth, Governor ernie Fletcher, joined by whether it is due to a natural or man- u.s. Department of Homeland secu- made disaster.” rity representative Dr. David Boyd and Kentucky Office of Homeland secu- Governor Fletcher announced the rity Director alecia Webb-edgington, pilot project is expected to save the announced Kentucky’s selection in a state several million dollars in future public ceremony commemorating the funding. events of september 11, 2001. “this pilot will be driven by the “While we remember the sacrifices practitioner community – the men and of those who have laid down their lives women who use communications equip- for the cause of freedom, we are re- ment on a daily basis,” Boyd said. J

NON-PROFIT ORG. U.S. POSTAGE PaId Department of Criminial Justice Training Kentucky Justice and Public Safety Cabinet RICHMOND, KY Permit No. 2 Funderburk Building Eastern Kentucky University 521 Lancaster Avenue Richmond, KY 40475-3102

615-010