Lexington

Christopher Hignite

Another Close Encounter of the Judicial Kind

November 13th, 2010 10:58 pm ET

Do you like this story?

Like One person likes this.

Oh the games the courtrooms play.

In my article, Please ponder this plea from Pleas, I

Another Close Encounter of the Judicial
Kind
Photo: Pleas Lucian Kavanaugh
Slideshow: Another Close
Encounter of the Judicial
Kind
offered you the first tale from Pleas Lucian
Kavanaugh. Lucian details the continual history of his
encounters with false arrests stemming from a failed
attempt to convict him on an original charge. This is a
tale I personally know too well. Unfortunately, the
continuing story also details courtroom tricks and
harassment techniques that I have also personally
experienced and documented others experiences.

Lucian has given me permission to re-post his most

recent blog detailing his current situation with the
Central Kentucky legal system. Here is Lucian's
current struggle:

There must be something in the water at the

Lexington Fayette Urban County Government.

I had a court appearance last Thursday. This time

before presiding Circuit Judge Ernesto Scorsone
regarding the instance where I was that 6'4" light-
Video: Pleas Lucian skinned black dude with gold teeth, green eyes and
Kavanaugh is armed and hair who tried to kidnap some pregnant chick in the
dangerous?
middle of the Downtown Lexington Transit Center in
broad daylight, but managed to avoid every single
one of the sixteen cameras comprising their
multimillion dollar, state of the art security system.

You heard me...Somebody remind me to add

shapeshifting ninja to my resume. Here's a refresher

Police claim that Pleas Lucian
Kavanaugh is suspected of trying to
abduct a 5 month pregnant woman in
broad daylight at the main bus station.
Kavanaugh is identified from a
description by a police officer he had
encountered in the past.
Related articles
 Operation Endgame comes to
Central Kentucky
 Bob Schulz mischaracterized in
Time magazine article
 Craigslist secrets exposed:
Prostitution in the dating ads
 Why do I agitate? Why do I ask the
uncomfortable questions?
 Should a grandmother's home be
taken over a positive test for
marijuana?
 Bluegrass Conspiracy : Scratch a
child support case and solve murder
(Part 3)
Popular articles
1. Pankaj Advani wins gold for India in
Asian Games 2010, Medal Tally
2. Leaders of violent Los Angeles-area
gang indicted
3. “The Pee-Wee Herman Show” on
Broadway (Video Preview)
4. Calicut University results 2010
announced
5. U.S. silence on Kashmir emboldens
India's nationalists, empowers
Taliban
6. Ded result 2010 Karnataka on
official website of KSEEB
Popular slideshows
1. Man buys Ansel Adams photos at
garage sale for $45, worth $200
million
for you amnesiacs. (Attached video)
So I'm standing in front of Scorsone with my two
public defenders, Chris Tracy and Chad Butcher.
My previous attorney, David Zorin and I parted ways
for reasons we most certainly won't agree upon. He
thinks we parted ways because I couldn't afford his
tab. And I think we parted ways because I was better
off with the public defenders.
Incidentally, I got drunk with him a couple of weeks
ago and he expressed some interest in pursuing
another civil suit against the City of Lexington for
ruining my life the last five years. I indulged the
conversation because he's good company - plus, he
was buying the drinks, so what the hell - but I'm pretty
sure I'm better off seeking competent representation
elsewhere.
Anyway, we're standing before the judge; me and my
two guys, but the specially assigned prosecutor from
Nicholasville, Robert Gullete Jr., otherwise known as
plain old Bobby Gullette, is nowhere to be found,
which isn't, actually, unusual. I used to think it bizarre
that he could just elect not to appear like he was
skipping first period, but have since come to expect
his absences because he's only attended maybe two
appointments since I got charged with this nonsense
last December and it's starting to get under my skin
because every time he doesn't show, Scorsone just
shrugs and schedules another appointment for me as
if I have nothing better to do with my time than
brighten the courtroom with my pretty face.
Where in the hell did my speedy trial run off to?
Apparently, Mr. Gullette didn't look at his calender
properly the night before and now we're all standing
around twiddling our thumbs wondering what in the
hell we're doing here. Meanwhile, I can't, for the life
of me, figure out why we just don't have him drive the
15 miles to Lexington so we can reschedule my trial
date, which had originally been scheduled for
November 17th but had to be extended because
David Zorin took an obscene amount of time to
withdraw and basically prevented the Public
Defenders from having sufficient time to prepare;
none of which has anything to do with me, of course,
 except that it's my life that hangs in the balance of all
2. Priyanka Chopra Hot Photo Gallery
this bullshit.
3. In photos, Sept. 11, 2010 World
Trade Center attack: America
Remembers
Not to mention, why doesn't Scorsone ever
reprimand the prosecutor for missing court? He
4. Mallika Sherawat Starrer’ Hisss’ -
photo gallery hasn't mentioned it once. Is this what passes for
professionalism around here? Even now I can't
5. Mark David Chapman up for parole
figure out why we didn't just call Gullette to find out
6. Maruti Alto K10
when he would be available for a trial and saved
Most commented articles ourselves the trouble.

1. Censored News: CIA and Nazis, So, once again, the judge suggests we schedule
Mumbai Attack Plotter DEA
Employee, Torture Videos another date to meet just to schedule another trial
date and then, I guess, we'll cross our fingers and
2. Pottery Barn lamp recall
hope the prosecutor shows up. Believe me, it's as
3. CIA Examiner has new
DECLASSIFIED SECRETS-2
stupid as it sounds.
FORUM
The three of them begin bantering about availability
4. The full-body backscatter backlash
until Scorsone suggests that we reconvene the very
5. United Nations' anti-Christian, anti- next day. As they consider it, I whisper to Chris
Judaism obsession
Tracy that I am scheduled to be out of town and won't
6. Blood found in home of missing
be available.
children and mother

He then suggests to the judge that the three

counselors be allowed to coordinate the new trial
date in my absence, which seems reasonable
enough since I, frankly, couldn't care less when the
trial happens granted I'm provided ample notice
beforehand.

But for reasons unbeknown to the rest of us,

Scorsone disagrees and insists that that I am present
for the scheduling of the new trial and informs my
representatives to discuss the matter with Mr.
Gullette and to keep the court informed. We leave
and all seems well.

Just as I'm on my way out of town, Mr. Butcher

informs me that they've conversed with Mr. Gullette
and rescheduled for the following Monday. En route
to Key Largo, I learn that my transportation won't be
available to return on Monday and that I am
essentially stuck in Florida until Tuesday. So I call
the PD's office and leave a message. No reply. I call
again on Friday morning and the secretary assures
that she'll deliver the message, so I forget about it
and spend some time writing on the beach.

But when the weekend is nearly passed and I haven't

heard back from either of the Public Defenders, I
begin to wonder. Finally, on Sunday, I decide I'm
better safe than sorry and basically guilt a friend of
mine in Florida into driving me all the way to
Kentucky. She's a good friend, indeed. I definitely
owe her one.

By the time I've hitched the ride, we're already behind

schedule. After I'd driven a good deal of the way, she
insists on driving. We switch places and I'm napping
on the passenger side when the next thing I know,
this woman is barreling down the highway at ninety-
seven miles an hour and, naturally, the popo stops
us. She yanks the ticket, hits the gas, but there's just
not enough time in the day.

A couple of detours and a few traffic jams later, it's

becoming readily apparent that the Monday
appointment is, simply, not a possibility. I alerted the
lawyers to the news and they informed Mr. Gullette
who, with his characteristic indifference, expressed
no problem postponing Monday's appearance until
Tuesday. You can imagine the collective gasp when
Scorsone declared that a warrant would be issued for
my arrest if I was not in his courtroom at 3pm sharp
Monday afternoon.

My attorneys later described his rather bizarre

determination as uncharacteristic and were at a loss
to explain it. For my part, I've seen some members
of the Fayette County Judiciary do some very strange
things and while this definitely hovers near the top of
the list, I have my own theory as to why, but that's
another blog altogether. Anyway, they opined that all
was not yet lost.

My understanding is that as I was stampeding up I-

95, Mr. Butcher and Mr. Tracy had met with Scorsone
at 3pm hoping to dissuade him from issuing a
warrant, but that their pleas fell on deaf ears.
Incidentally, Mr. Gullette declined to grace the
courtroom, once again, but that fact went unnoticed
even as the ink on my warrant was settling in. Still,
my ever optimistic counsel surmised, we would go to
the Judges' Chambers tomorrow after he had a
chance to reconsider and surely the man will have
come to his senses by then.
The next day, we chatted in the lobby for some
twenty minutes before a petite secretary approached
and politely informed us that the judge was neither
inclined to speak with us nor to lift the warrant. She
smiled awkwardly and left the three of us alone with
the crickets.

As we trudged back to the office, Mr. Tracy remarked

that he and I hadn't had much luck with judges lately,
to which I expressed doubt that the treatment we'd
been experiencing had much to do with luck at all.

Ironically, it turns out they were able to set a new trial

date after all, for February 23rd, without me and over
the phone to boot, per Mr. Tracy's original
suggestion. At the end of the day, the only thing that
anybody seems to have accomplished for all the
extra trouble was the promise of me in a cell. Who
needs prosecutors with judges like these? While I
have no doubt that Mr. Scorsone is a generally
evenhanded and honorable man, there is something
bad wrong with this picture.

According to Mr. Butcher, there is no pending status

date or bond revocation hearing scheduled for the
$3000 my brother put up to ensure my freedom
pending trial. That will undoubtedly change in the
near future, but it's almost as if the judge got so
beside himself in his eagerness to land me in a cage
that he abandoned the official particulars in the
process.

As last December made many well aware, a warrant

for my arrest in Lexington is tantamount to a license
to kill in the eyes of some highly antagonistic public
servants. One can only hope that it was a failure to
realize this which allowed Scorsone to jeopardize my
life as flippantly as one flushes excrement.

Maybe that's what he thinks he's doing...

So that's the story. I am a fugitive, once again, for

reasons that have absolutely nothing to do with
fairness or truth or any high ideal whatsoever. Ladies
and gentlemen, this is what passes for justice in
Fayette County, Kentucky.

That's Lucian's story and the story of many

others caught up in the maze of obstacles
standing in the way of true freedom from the
criminal justice system. Ray Larson calls them
repeat offenders. Sometimes they just missed a
step or court date while navigating the many
distractions attempted by the prosecution.

My family has personally used Ernesto Scorsone for

legal work while he was an attorney. I attended his
initiation ceremony when he became a a judge. I do
not know what he is being told by the prosecutor's
office and the police department. Therefore, I will
refrain judgement until I watch the case play out.

I do know, however, that stalling is a common

harassment technique used to bleed your pockets dry
and wear you out used by prosecutors and police
departments in these cases.

Most in the court system, especially in top level jobs,

tend to have entitlement issues as well. They will
cancel and re-schedule your hearing FROM the golf
course at the last minute without regard to your
schedule or budget. They are allowed to do this
without any repercussion in the case or from the
judge.

Meanwhile, any deviation from what can be a

confusing array of hearings and re-scheduled
hearings can mean, as it did for me recently, a
warrant being issued for your arrest.

In my case, I was handed a note with a date and time

on it by the prosecutor. This note and date did not
match the one that the judge and prosecutor had
written down on their books. Hmmm?

I didn't show and a warrant was issued. I went to the

DA the day after the warrant was issued after
showing up in court on the day I had on my note. I
also went to the County Clerk and County Attorney's
office. Both informed me that I had some choices. Go
to the jail and turn myself in, wait here for the Sheriff,
try to talk to the judge or show up in court and ask the
judge to be merciful or come back with an attorney
and see if I fair better.

I returned the next day with an attorney. They gave

us the same answers. That evening the Lexington
Police showed up at my door wanting to serve a
warrant for Nicholasville. Of course...I wasn't home.

Our criminal justice system wasn't meant to be used

in such a manner. Lucian shouldn't have to
continually look over his shoulder, watch his back and
check and re-check his court dates. Neither should
myself, yourself or anyone.

These days we talk about this country and that

country and the suffering their citizens go through at
the hands of their government. Please remember that
on the other side of your white picket fence, outside
the comfort of your home, right here in your own
backyard people suffer at the hands of their own
goverment.

Please spread the word about Lucian Kavanaugh and

anyone with the means to spare in these hard times
feel free to donate to his legal fund. Contact Lucian or
read more at his blog:
http://www.pleaslucian.blogspot.com/

Copyright ©Christopher Hignite 2010 All Rights

Reserved. This article cannot be copied for email
or other websites.

The author grants permission to republish the title

and first paragraph of this article provided they are
linked to the original article here on Examiner. He
welcomes emails: Christopher@wearechangeky.com