Kentucky News Now – October 2nd 2015

ADVICE COLUMN-CENSORSHIP

Judge: state psychology board can't regulate advice column

FRANKFORT, Ky. (AP) — A federal judge has ruled the state of Kentucky's effort to censor a newspaper advice column because its author is not a state-licensed psychologist amounts to an unconstitutional restriction of free speech.

The ruling issued late Wednesday by Judge Gregory Van Tatenhove in Frankfort resolves a two-year legal battle by parenting columnist John Rosemond.

The state's Board of Examiners of Psychology had told Rosemond to stop identifying himself as a psychologist, and questioned his column's occasional use of a question-and-answer format because it said that was akin to offering direct mental health services.

Rosemond, who is a licensed psychologist in his home state of North Carolina, sued with assistance from the Arlington, Virginia-based Institute for Justice in federal court to stop the board from taking action against him.

EMBEZZLEMENT SUSPECT-HIKER

APNewsBreak: plea deal in $8.7M Ohio embezzlement case

CINCINNATI (AP) — A federal court filing shows that a plea deal has been reached in the case of an accountant arrested along the Appalachian Trail, six years after he was accused of embezzling $8.7 million from his Cincinnati-based employer.

Fifty-three-year-old James Hammes (HAM'-us) of Lexington, Kentucky, was scheduled for trial next week on 2009 wire fraud and money laundering charges. A notice of a plea agreement was filed Thursday in U.S. district court, and trial has been canceled. No details were available. His attorney didn't immediately return calls.

The FBI says Hammes fled after being confronted about money missing from the Pepsi-Cola bottler he worked for.

Agents arrested him May 16 in Damascus, Virginia, during the annual Trail Days festival. People there say Hammes was an Appalachian Trail regular known as "Bismarck."

VOTER FRAUD

Election fraud case goes to Kentucky Supreme Court

(Information in the following story is from: Lexington Herald-Leader, http://www.kentucky.com)

FRANKFORT, Ky. (AP) — Attorneys for a Magoffin County official have asked the Kentucky Supreme Court to review a lower court decision that would force the official out of office for election fraud.

The Lexington Herald-Leader reports Judge-Executive Charles Hardin's attorneys on Wednesday argued that the Court of Appeals' decision to declare Hardin's office vacant was not supported by facts.

Hardin received more absentee votes than his challenger John P. Montgomery in November 2014 and won by 28 votes. Montgomery accused Hardin of fraud and alleged that absentee ballot applications were given to people ineligible to vote.

Hardin denied the allegations, but a circuit court declared the office vacant. The Court of Appeals let the decision stand.

Hardin can remain in office while his case is pending in the state Supreme Court.

ALUMINUM PLANT

Part of aluminum smelter to remain open in western Kentucky

(Information in the following story is from: Owensboro Messenger-Inquirer, http://www.messenger-inquirer.com)

HAWESVILLE, Ky. (AP) — Century Aluminum is planning to keep at least a portion of its Hawesville Smelter in western Kentucky open after announcing plans to close the plant in August.

The Messenger-Inquirer in Owensboro reports in a statement Wednesday, the company said that the plant will continue operating at about 40 percent capacity after Oct. 24. Company officials had originally planned to shut down the smelter on that date, citing a stagnant aluminum market and low prices for Chinese aluminum.

The company now says it will keep two pot lines operating at the plant.

There are about 565 employees at the Hawesville plant. The company didn't say how many workers would be retained for the two pot lines.

Century Aluminum's spokesman Kenny Barkley couldn't be reached for comment by the newspaper Wednesday.

MILITARY SCHOOL AUCTION

Kentucky's only military school files bankruptcy

(Information in the following story is from: Lexington Herald-Leader, http://www.kentucky.com)

MILLERSBURG, Ky. (AP) — Kentucky's only military school, Forest Hill Military Academy, has filed for bankruptcy protection.

Brian Canupp, the lawyer who filed the petition, told The Lexington Herald-Leader that the Chapter 11 filing stops a planned master commissioner's sale that had been set for Thursday.

The petition says U.S. Army Cadet Corps, which owns the property, has debts of between $500,000 and $1 million while its assets are between $1 million and $10 million.

Canupp says the new filing will allow Army Cadet Corps to keep possession of the property and submit and plan for its future.

The school, once known as Millersburg Military Institute, was founded in 1893 by Col. C.M. Best, but has recently struggled to make ends meet.

DEATH INVESTIGATION-DRUG BUST

Death investigation leads to drug bust in Rockcastle County

MOUNT VERNON, Ky. (AP) — A 68-year-old man has been arrested in a drug bust that authorities say was prompted by a death investigation in Rockcastle County.

Multiple media outlets report that Kentucky State Police are investigating the Monday discovery of an unidentified body inside a Mount Vernon motel. The coroner says the person appeared to have died from natural causes.

Police say the investigation led authorities to a Mount Vernon home where they arrested Logan R. Towery after finding 14 firearms, more than $13,000 in cash and hundreds of suspected oxycodone pills and Xanax pills inside the house. Towery has been charged with trafficking a controlled substance within 1,000 yards of a school.

Authorities haven't said how they believe Towery was connected to the dead body. It's unclear if Towery has an attorney.

KENTUCKY GOVERNOR-ADS

Kentucky leads nation in political ad spending in 2015

FRANKFORT, Ky. (AP) — Kentucky leads the nation in political spending on TV ads as it hosts the most competitive governor's race in the country.

Politicians and outside groups have spent $9.8 million on TV ads in Kentucky since Jan. 1, 2014, according to an analysis of ad spending by the Center for Public Integrity. The data includes spending through Monday and doesn't include money to produce the ads or money spent on radio, online, direct mail or TV ads that aired on local cable systems.

Hal Heiner is the top spender with an estimated $2.3 million. Heiner finished third in May's Republican primary after running a mostly self-funded campaign. Democrat Jack Conway is second with about $1.7 million, and Republican nominee Matt Bevin is third with $1.1 million.

The Center for Public Integrity estimates outside groups have spent $3.2 million on the race so far, but the actual number is likely higher.

GAY MARRIAGE KENTUCKY

Kentucky Governor: Clerk's arguments 'absurd' and 'obtuse'

LOUISVILLE, Ky. (AP) — Kentucky Gov. Steve Beshear's lawyers are using the words "absurd," ''forlorn" and "obtuse" to describe the legal arguments a county clerk has used to avoid issuing marriage licenses to same-sex couples.

Rowan County clerk Kim Davis filed a lawsuit against the governor, alleging he violated her religious freedom by asking clerks to comply with the U.S. Supreme Court's decision that effectively legalized gay marriage across the nation. Beshear reiterated a request Tuesday that a judge toss the suit.

Davis spent five days in jail for defying a series of federal court orders to issue the licenses.

She has blamed Beshear for her legal woes, alleging that he "commandeered" her office when he instructed clerks to follow the court's decision.

Beshear's lawyer, Palmer G. Vance, described Davis' continued legal battle as a "meritless assault on the rule of law."