Lexington Kentucky:
The Kentucky Court of Appeals issued a decision on January 8, 2010 in an unpublished opinion. In Wanda Brown v. Office of the Fayette County Attorney the Appeals Court held it was not manifest injustice when the County Attorneys office ran jurors through its criminal investigation database.
“Brown next argues that she was prevented from receiving a fair trial
when the defense ran the potential jury members’ names through the criminal databases available to the County Attorney’s Office. Brown claims this gave the defense an unfair advantage. This issue was not preserved at trial, but Brown requests we review it for palpable error.”
“RCr 10.26. “[I]f upon consideration of the whole case the reviewing court does not conclude that a substantial possibility exists that the result would have been any different, the error complained of will be held to be nonprejudicial.” Jackson v. Commonwealth, 717 S.W.2d 511, 513 (Ky. App. 1986) (citation omitted). After reviewing the case as a whole, we cannot say this was an instance of manifest injustice.” NO. 2009-CA-000651-MR
It is now the rule of law in Kentucky that prosecutors can investigate jurors without it causing an error in the trial. Such a precedent is dangerous because it gives confidential information about jurors in the hands of one party- the government. Further, unscrupulous prosecutors and police officers could use this information to improperly influence both grand and petit jurors.
As reported by the RC Justice Watch the precursor website to the US Justice Watch; Employees of the Kentucky Attorney Generals office tampered with the special grand jury in Russell County. Kentucky Bureau of Investigation Agent John Dudinskie as a representative the Attorney Generals Office engaged in corrupt practices including tampering with grand jury member Derek Brown.
Derek Brown who had criminal cases pending against him was inelgible to even sit on the Special Russell County grand jury. Despite this, Brown even served part time as grand jury foreman. Brown and Dudsinkie were seen in deep conversation at separate times by many witnesses during the time that the Special Grand Jury met.
The special grand jury was called because of numerous complaints against Russell Springs Police Chief Joe Michael Irvin and Kentucky State Police detective Scott Hammond. However instead of assigning a neutral individual the Attorney General assigned John Dudinskie to investigate Irvin and Hammond. Dudinskie had previously jointly worked closely with Irvin and Hammond just a few months prior to his appointment on the same cases.
Dudinskie worked to cover-up police corruption of his associates while the Attorney General did nothing about the conflict of interest. As was alleged in Brown v. Fayette County Attorney; the Kentucky Attorney Generals office was notified of corrupt practices but took no action against the Fayette County Attorney.
The Fayette County Attorney has given no comments to the US Justice Watch about its practice of criminally investigating jurors.
