Download PDF Version
Printable Version
Tell a friend
Del.icio.us
Digg
StumbleUpon
Technorati
Google
Yahoo
more...
Counsel for the Kentucky Equality Federation, Jill Hall Rose, media statement. Hate voicemail included stating gays are not welcome in the Commonwealth!
Monday, May 3, 2010
Contact: Public Relations Team
(877) KEF-5775 - Ext 1 (office)
Counsel for the
Kentucky Equality Federation, Jill Hall Rose,
has reviewed the court proceedings in the
Jackson District Court involving Cheyenne
Williams on behalf of the Federation. It has
been determined that while the Federation
respects the ruling of the Court, there may
have been certain irregularities within the
proceedings that should be reviewed to ensure
that the victim was not treated differently due
to her sexual orientation. These irregularities
include the following:
1. SUPPORTERS OF THE DEFENDANTS
During the preliminary hearing on April 29,
2010, 8-10 individuals supporting the
Defendants, none of whom were witnesses,
parties, court personnel or attorneys, were
allowed to sit in the jury box in courtroom
during the hearing to visually show support of
the Defendants. These seats were directly in
front of the Judge and separate from the public
area of the courtroom. Further, these
individuals were completely dressed in white as
a sign of support for the Defendants. This
dress was coordinated by the Defendants, and
all of the Defendants’ supporters in the public
area of the courtroom were similarly dressed in
white. These 8-10 individuals were allowed to
remain in the nonpublic area of the Court room
instead of the area designated for the public.
This is highly unusual and creates a perception
of favoritism for the Defendants.
2. INVESTIGATION
It appears that the charges were not promptly
and fully investigated by law enforcement.
While the incident took place on 4/16/10, the
officer who testified at the hearing stated
that he had still not completed his
investigation.
3. PRIVATE
COMPLAINT
No officer would support the charges and
therefore, Ms. Williams was required to bring
the Complaint herself through a private
complaint.
4. VICTIMS
ADVOCATE
Jackson County does not have a
victims advocate that serves the court system.
While this is likely a funding issue, the
Kentucky Equality Federation has had to fill
that role for Miss Williams.
5.
STATE HATE CRIME
At no point, has the prosecutor or
court recognized that one of the charges upon
which the Judge found probable cause, namely
fourth degree assault, can be subject to the
“hate crime” statute under KRS 532.031.
Pursuant to this statute, the Judge may
consider whether the offense the victim’s
sexual orientation was primary factor in the
commission of the crime in sentencing,
including the denial of probation.
Comments