Kentucky’s primary election will be Tuesday, May 21 and because all
three candidates running for the office of Commonwealth’s Attorney of
the 14th Judicial Circuit,which includes Bourbon, Scott and Woodford
Counties, are running on the Republica ticket, the winner will become
the next commonwealth’s attorney.
The Woodford Sun asked each of the candidates running for the office to
answer the same five questions prior to the election. Below are Keith
Eardley and Kelli Kearney’s responses to those questions. The Sun did
not receive a response from Sharon Muse Johnson.
Why are you running for Commonwealth’s Attorney?
Keith Eardley: Our current Commonwealth’s Attorney, Sharon Muse, has
failed the people of our circuit, and we desperately need a change in
leadership.
As Commonwealth’s Attorney, Sharon Muse routinely violated Kentucky’s
Constitution regarding grand jury proceedings. The sad truth is that,
despite 20 years of practicing law, she simply didn’t know what she was
doing. Sharon Muse was investigated by Daniel Cameron’s office and the
allegations against her were substantiated. As a result of her
incompetence, scores of felony indictments, including indictments for
crimes such as murder, had to be dismissed.
As Commonwealth’s Attorney, Sharon Muse has routinely made plea
agreements for dangerous criminals, plea agreements that shock the
conscience of our communities. I note the case of Commonwealth v. Vicki
Brautigan as one example. Ms. Brautigan was potentially facing the
death penalty for Murder and Burglary, but Ms. Muse, rather than take
the case to trial, offered Ms. Brautigan a slap of the wrist, 10 years.
Judge Mattox refused to accept this comical plea deal and the Woodford
County courtroom erupted in applause.
As Commonwealth’s Attorney, Sharon Muse has used her position to enrich
her family. She employs both her husband and her stepson at her office,
and collectively the Muse-Johnson family is taking in over $240,000 a
year, not including benefits, of our tax dollars. Nepotism is a corrupt
practice, and I intend to put an immediate end to it.
As I said, Sharon Muse has failed the people of our circuit and has
betrayed their trust. I’m running for Commonwealth’s Attorney to
restore the dignity and competence that belong to that office. I have
been asked by many in our circuit, especially those who work in law
enforcement, to do so.
Kelli Kearney: One of my first jobs after graduating from the University
of Kentucky was as a victims’ advocate working for Ray Larson, the
former Commonwealth’s Attorney in Fayette County. After spending ten
years seeing the torment that victims go through both physically and
psychologically, I knew I had to more to offer.
With a job, husband and children, I worked my way through law school
with one single focus, to be a prosecutor. I have worked as an Assistant
Attorney General and am currently the First Assistant Scott County
Attorney, where I have been the lead prosecutor in multiple trials.
With that experience, I am ready to take on a bigger task as
Commonwealth’s Attorney. I want to use the power of that office to make
our community safer for decades to come.
What makes you the most qualified and best candidate to be
Commonwealth’s Attorney?
Kearney: I think this depends on what you consider qualifications. To
hold the office, in addition to age and residency requirements, a person
must be a licensed practicing attorney for four years. All of the
candidates meet that requirement.
However, beyond the legal requirements, I’m of the opinion that a
person’s background should be considered as qualifications. Sharon
Muse-Johnson has served in this office for one term. In that short time,
she has made errors causing hundreds of felony indictments to have to go
through the process again, been investigated by the Attorney General’s
office, been reprimanded by the Chief Circuit Judge, and had a revolving
door of staff who have quit. Also, during that time, she has published a
book and shopped a reality show about herself.
For over two decades, I have served in the public sector. My record is
exemplary and without controversy. Commonwealth’s Attorney is a
full-time position, and I will treat it that way, working for the people
of our circuit every day.
Eardley: I have practiced criminal law for over 25 years and have been a
felony prosecutor since 2006.
I have had more felony trials (over 100) than my opponents combined.
I have had more murder trials (at least 16) than my opponents combined.
I am the only candidate who has taken a death penalty case to trial.
I received the highest jury verdict in our circuit in the last 50 years,
Life Without Parole. The case was Commonwealth v. Lewis Ballard.
My record speaks for itself.
What will you do as Commonwealth’s Attorney to make our communities safer?
Eardley: I will prosecute violent offenders and repeat offenders to the
full extent of the law. I will only employ experienced trial attorneys
(and not family members) to work as our felony prosecutors. I will have
an open-door policy with law enforcement and will give serious
consideration to all of their advice and suggestions. If we can do
something better, we’ll do it.
Finally, I will abide by Kentucky’s Constitution. Unlike our current
Commonwealth’s Attorney, I’m not going to be compelled to dismiss felony
indictments because of a failure to follow the law.
Kearney: Anyone slightly familiar with the legal system knows that
precedent matters. That is true not only for cases, but for reputation
as well. As Commonwealth’s Attorney, I will quickly let it be known that
crime will not be tolerated in Bourbon, Scott and Woodford counties. I
will not be afraid to take cases to trial. And I will not make plea
deals out of vain efforts to preserve some win/loss record.
I will protect our victims and work to put offenders behind bars so that
we have less victims in the future. It’s that simple.
In what circumstances will you offer probation and/or Drug Court to
someone who is guilty of a felony?
Kearney: Every family has been touched by the epidemic of illegal drugs.
The addiction to legal opioids prescribed by doctors led to a resurgence
of heroin abuse. Today, our law enforcement officers all carry Narcan on
them because of the frequency of coming upon people who have overdosed.
Good people have found themselves in bad situations.
I will carefully and diligently weigh each case and learn the facts
associated with them. I will not have tolerance for those using our
highways to traffic drugs, dealing large amounts or selling to our
children. To me these are the people that must be incarcerated.
There are some who an arrest may have been a wake-up call for though. I
have seen drug court in action. I know there are a high number of
success stories. I will be open to people who have made bad choices
finding redemption through the requirements of drug court. I know the
program well enough to know that it is strict and not simply a “get out
of jail free” card. Drug court truly has a positive impact.
Eardley: I will consider an offer of probation (and/or Drug Court) in
only a few limited circumstances. The Defendant must have a minimal
criminal history and absolutely no record of violence. The Defendant
must first demonstrate that he or she is willing to abide by the law,
and the Office of Probation and Parole, which will be supervising the
Defendant, must make a written recommendation in support of probation.
As a condition of probation, I will always recommend that the Defendant
maintain full-time employment, perform community service, not consume
alcohol, and not violate the law.
Talk about how you will include law enforcement and the victims of a
crime when making a decision about going to trial or making an offer
that may include probation or a shorter sentence in exchange for a
guilty plea?
Eardley: When a case is referred to my office, I will meet with the
investigating law enforcement officer and ask that he or she make a
written recommendation as to an offer in the case.
In addition, I will encourage all crime victims to meet with me and the
Victims’ Advocate. As a rule, I will not plead out a case unless the
crime victim is in agreement with the Commonwealth’s offer.
Kearney: To start out with, felonies are not victimless crimes. Somebody
has been negatively affected due to the actions of another. And, far too
often, there is nothing a prosecutor, judge or jury can do to repair
that damage. Having served as a victim’s advocate, I know the suffering
of victims. It’s what inspired me to earn my law degree in the first place.
My door will always be open to hear from victims. I will not turn them
away. I will not lecture them. I will not try to sell them a book. I
will listen. Will my office always be able to meet their expectations or
demands? No. However, no victim will ever have the misconception that I,
or my staff, do not care about them and their case.
As far as law enforcement officers, these men and women are the front
lines in keeping our communities safe. They know their jurisdictions.
They know the criminals. They know the particulars of each and every
case. I will work with them shoulder-to-shoulder and consider them equal
partners. I will not be dismissive of their thoughts or opinions.
As the introduction to the television show Law & Order says, “In the
criminal justice system, the people are represented by two separate yet
equally important groups: the police, who investigate crime; and the
district attorneys, who prosecute the offenders.”
I am, and will always be, a true law-and-order conservative prosecutor!