Open Letter to Lexington Judge Ernesto Scorsone

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    LexingtonChristopher Hignite

    Open letter to Lexington Judge, Honorable ErnestoScorsoneNovember 19th, 2010 2:31 am ET

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    I have been following the false arrests of Pleas

    Lucian Kavanaugh for some time now. I recently re-

    posted Lucian's blog detailing the shenanigans that

    he has dealt with in his most recent attempt at

    freedom. This has led to some interesting new

    developments.

    The police officer that accused Lucian has been

    reprimanded. Detective Elizabeth Adams was

    charged with unsatisfactory performance and

    violation of DOP Gen. Order 73-2H Operational rule

    1.11. Her punishment is 40 hours suspension withou

    pay and an employee development program to be

    completed within 6 months. I don't know about you

    but that leads me to question the reliability of her

    testimony and decision to single out Mr. Kavanaugh.

    Bobby Gullette just filed a motion to put Lucian in jail

    until trial (February 23) because of what he wrote in

    his blog and I re-posted. He even submitted a

    photocopy of his blog into the record. Lucian hascourt today, November 19, at 1pm to decide what

    Scorsone is going to do. Lucian has the right to air hi

    case and/or write about it on the internet. Gullette's

    attempt to punish him for this should be considered a

    First Amendment violation.

    What follows is a letter from Mr. Kavanaugh to the

    judge in this case, Ernesto Scorsone:

    Wednesday, November 17, 2010A Letter to the

    Judge Ernesto ScorsonePhoto: Matt Goins, Lexington Herald-

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    Judge

    While bias is understood to be an intrinsically human

    characteristic, that urge to presume on the basis of

    often erroneous information such as criminal history

    and passing innuendo, one can only hope that Lady

    Justices eyes remain shrouded as they should and

    implore that the prosecution and the defense beregarded equally so that no quarter be provided Mr.

    Gullette which isnt summarily endowed upon myself

    as well. It seems a most humble and reasonable

    request; a mere reiteration of the most fundamental

    inherence of any worthwhile legal system.

    Which isnt to suggest that one good foul deserves

    another or any such twist of illogic, but only that in th

    totality of this specific circumstance, it is difficult tofathom how one could arrive at the conclusion that

    my incarceration is the proper remedy for an isolated

    incident of inconvenient scheduling by arbiters.

    Furthermore, if the respective sides are to be held to

    an even remotely comparable standard, then it is

    noteworthy that Mr. Gullette has failed to appear at

    multiple appointments during the course of the last

    year without so much as a verbal reprimand or even

    an apology.

    This most recent mishap, for which I am currently

    held responsible, is more accurately, a hybrid of both

    the prosecutors failure to appear on November 4th

    and a rather perplexing failure to acknowledge my

    lack of availability on November 8th.

    If the court will pardon the insistence, I deliberately

    submitted that I would be out of town in order to avoi

    the very dilemma in which I presently find myself.That the point has gone unnoticed and that I came to

    be regarded as the primary culprit of this mishap

    contradicts even the most unrefined conception of

    fairness and alludes to a major point of concern in m

    mind

    It has been the experience that my extensive

    involvement with the Lexington Police Department

    has served to disrepute me among certain members

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    of the local establishment. Incidentally, the suspicion

    has been confirmed on several occasions over the

    years by a myriad of officials, both on and off the

    record, to include a former member of the judiciary.

    And while it would be far from me to insist that such i

    the case in this particular example, I must admit to

    regard the question with no small measure of

    trepidation.

    Studies have highlighted the multitude of challenges

    confronting an indigent defender in the criminal

    justice system ranging from the typical lack of access

    to resources and overloaded public advocates to

    unabashed disparities in rates of detainment pending

    trial, conviction and even capital punishment.

    In such a flagrantly lopsided system, a temperate

    arbitrator serves as perhaps the greatest barrier

    between a less fortunate socio-economic status and

    injustice. To condone the denial of that single respite

    is to sanction the deprivation of justice altogether.

    Without it, I am lost before the first word was ever

    uttered on my behalf. And if the police have

    succeeded as the saboteurs of my life, then the

    judiciary should now play the role of my executioner.

    But I remain hopeful that all has not been lost in a

    swift gust of disparaging conjecture and have faith

    that my liberty should not be stamped out with

    calloused indifference and shameless preferentiality.

    I maintain my innocence and have no doubt that time

    will readily disprove my accusers as it unseats all

    things shoddily founded. In the interim, I hope to be

    allowed the benefit of the doubt due a presumably

    innocent man and respectfully request to remain free

    until such time as a jury of my peers should decide

    otherwise.

    Sincerely,

    Pleas Lucian Kavanaugh

    Lucian's letter is not meant to enflame the courts,

    Judge Scorsone nor prosecutor Gullette. It is merely

    a plea for fairness and consideration. Lucian is no

    threat to society. The court is in no danger of Lucian

    murder

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  • 8/8/2019 Open Letter to Lexington Judge Ernesto Scorsone

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    attempting to flee and fail to face his trial.

    Honorable Judge Scorsone please show the wisdom

    of Solomon and use your bench to ensure justice not

    punishment. Lucian, I believe the evidence will show

    is innocent of the charges brought against him. One

    mistake navigating the mazes of the criminal justice

    system should not mean Lucian's loss of freedom

    until his trial date of February 23d.

    Lucian's point is well taken. Members of the airport

    board, upper white middle-class, were treated with

    kid gloves even after being convicted of their crimes.

    Lucian has shown repeatedly that bias in the police

    department is the cause of his repeated arrests. His

    only crime, it could be said, is filing a civil suit agains

    the city for false arrest. At least, it seems, elements in

    the police department think so.

    Please allow Lucian the dignity of his freedom and

    the ability to fight his case until he can prove his

    innocence at trial.

    Copyright Christopher Hignite 2010 All Rights

    Reserved. This articlecannot be copied for email

    or other websites.

    The author grants permission to republish the titleand first paragraph of this article provided they are

    linked to the original article here on Examiner. He

    welcomes emails:[email protected]