Kentucky News Now – August 21st 2015

JEFFERSON DAVIS STATUE

Kentucky Human Rights Commission wants Davis statue removed

LOUISVILLE, Ky. (AP) — The Kentucky Human Rights Commission is asking lawmakers to remove a statue of Confederate president Jefferson Davis from the state Capitol, despite a vote by another commission this month to let it stay.

The Board of Commissioners voted unanimously Thursday for a resolution asking that the statue be moved to the Capitol Education Center or the Kentucky History Center. The resolution said leaving the statue in place is offensive to Kentucky citizens.

The Historic Properties Advisory Commission, which has final authority, voted Aug. 5 to keep the statue in the Rotunda but add an "educational context" to the display.

The board Thursday also voted to ask lawmakers to begin the process of removing a reference to slavery in the Kentucky Constitution and to encourage governments to place statues, plaques and murals recognizing the contributions of women.

DOUBLE SLAYING

New trial ordered in double murder case in Floyd County

FRANKFORT, Ky. (AP) — Kentucky's Supreme Court has ordered a new trial for a man who was found guilty but mentally ill of killing two neighbors in Floyd County.

The ruling Thursday pointed to 28 crime scene and autopsy photos admitted at trial as the reason for ordering the new trial for Berry Hall.

Hall was convicted in 2012 in the shooting deaths of Alan Tackett and his wife, Lisa, outside their home in 2008. Hall also was convicted on four wanton endangerment counts — one for each of the Tacketts' children, who were home when their parents were killed.

Some photos showed fatal wounds in graphic detail.

The court's majority opinion said many photos depicted the same scene and were needlessly cumulative. The opinion called it a rare abuse of a trial court's discretion in admitting gruesome photos.

911 COSTS

As landlines disappear, so does funding for 911 services

FRANKFORT, Ky. (AP) — Regions across Kentucky are struggling to maintain and upgrade critical 911 services as more and more people trade in their landlines for cellphones.

That's because local governments in Kentucky can charge fees on landlines for 911 services but are not allowed to tax cellphones.

Only the state legislature can collect fees from cellphone customers but does so poorly. Each cellphone customer pays 70 cents per phone each month for 911 services. But customers who use prepaid phones — phones without annual contracts — often pay far less.

Local governments have steadily increased their fees on landlines the past few years in an attempt to make up the difference, but in most cases have been unable to keep up.

LOUISVILLE-COACH LAWSUIT

Supreme Court reinstates $300K award to former U of L coach

FRANKFORT, Ky. (AP) — The Kentucky Supreme Court has reinstated a jury's $300,000 award to a former Louisville assistant track coach who claimed she was fired for filing a sexual harassment complaint.

The Supreme Court on Thursday said Mary Banker is entitled to the award for emotional distress. But the ruling left in place the Court of Appeals' reversal of a $71,875 jury award for lost wages. The Supreme Court said Banker didn't show that she looked for work after being dismissed in 2008.

A $149,000 award for fees to Banker's lawyer was also reinstated Thursday.

Banker accused the University of Louisville Athletic Association of not renewing her contract because of her complaint. The association contended she wasn't a good coach and officials had discussed not renewing her contract before the complaint was filed.

PAUL AIDES-INDICTED

Aides to Ron Paul's 2012 presidential bid plead not guilty

DES MOINES, Iowa (AP) — Two former top aides to Ron Paul's 2012 presidential campaign are pleading not guilty to charges that they conspired to buy support of an Iowa lawmaker before that year's caucuses.

Jesse Benton and John Tate appeared in federal court in Des Moines Thursday. Along with a third former Ron Paul staffer, they are charged with conspiracy, falsifying documents and several other related crimes. Both were released and a trial date of Oct. 5 has been set.

Benton and Tate are on leave from their roles leading America's Liberty, a super PAC supporting Rand Paul's presidential run. Benton is married to Rand Paul's niece.

The indictment alleges Benton negotiated a $73,000 payment to state Sen. Kent Sorenson in exchange for his leaving the Michele Bachmann campaign to support Paul.

WOMAN CONFINED-CLOSET

Abuse charge leads to new look at man's malnutrition death

LOUISVILLE, Ky. (AP) — A Kentucky coroner says officials are reviewing the 2009 malnutrition death of a disabled man after his sister was charged in Michigan with locking another sibling in a closet for years.

Authorities in Corunna, Michigan, charged 44-year-old Candy Lawson last week with unlawful imprisonment, vulnerable adult abuse and embezzlement from a vulnerable adult. She pleaded not guilty. Authorities say she locked her disabled adult sister in a closet for six or seven years with little food, water or clothing and only a bucket for urination.

Shiawassee County's chief assistant prosecutor Daniel Nees said police found the disabled woman locked in a closet suffering from malnourishment and dehydration.

Franklin County, Kentucky, Coroner William Harrod says Lawson's 33-year-old disabled brother, Christopher Justin Churchill, died in Frankfort in 2009 of protein calorie malnutrition.

SEVERANCE TAX

Court: Producers responsible for paying severance taxes

LOUISVILLE, Ky. (AP) — Kentucky's Supreme Court says natural gas producers are solely responsible for paying severance taxes on the fuel.

In a divided ruling Thursday, the court said landowners are exempt from paying part of the taxes, unless specified to do so in lease contracts.

The ruling came in a dispute between a Pike County landowner and EQT Production Co., a natural gas producer.

Appalachian Land Co. claims it was underpaid the royalties owed in exchange for EQT extracting natural gas from its property. EQT used a calculation factoring in post-extraction processing costs that included severance taxes.

Writing for the majority, Justice Bill Cunningham said the tax is assessed for the privilege of severing or processing the gas. He said that privilege is given to the producer, not the landowner.

KENTUCKY-SIGNING

Calipari, Kentucky sign 7-foot Australian Isaac Humphries

LEXINGTON, Ky. (AP) — Kentucky coach John Calipari has signed Australian 7-footer Isaac Humphries to a Wildcats' frontcourt that lost four big men to the NBA draft.

Originally part of the 2016 class, the 250-pound Humphries recently reclassified to 2015. A top-50 prospect by several services, he joins Kentucky's group of international newcomers including Haitian Skal Labissiere and Canadians Mychal Mulder and Jamal Murray.

Most importantly for Calipari, Humphries fills a void left by the departures of Willie Cauley-Stein, Karl-Anthony Towns, Trey Lyles and Dakari Johnson. The coach compared him to former Wildcat Josh Harrellson and said in a release, "He's very skilled, has great hands and is a great passer."

Humphries played last season at La Lumiere School in Indiana and recently helped Australia's Under-17 team finish second at the World Championships.