Judge denies injunction on early release

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Eddy Montgomery, the Commonwealth’s Attorney for Pulaski, Lincoln and Rockcastle counties, says yesterday’s ruling in Franklin Circuit Court does not affect the injunction Pulaski Circuit Judge David A. Tapp put in place for the 28th Circuit last month. File Photo

October 13, 2008

Montgomery: Ruling doesn’t affect Tapp’s injunction

By JEFF NEAL, CJ News Editor The Commonwealth Journal Mon Oct 13, 2008, 06:36 AM EDT

Eddy Montgomery, the Commonwealth’s Attorney for Pulaski, Lincoln and Rockcastle counties, doesn’t believe a ruling in Franklin Circuit Court yesterday will necessarily deter his battle against the early release of prisoners and parolees.

Franklin Circuit Judge Phillip J. Shepherd on Friday denied State Attorney General Jack Conway's request for a temporary injunction blocking the state's early prisoner and parolee release program.

Last month, Pulaski Circuit Judge David A. Tapp issued a temporary injunction barring the early release of prisoners and parolees in the 28th Judicial circuit.

“I don’t see it affecting anything in Pulaski County,” said Montgomery. “What (Conway) asked for is a temporary injunction. It doesn’t mean that ultimately the judge will not issue an injunction. He just didn’t issue a temporary injunction.”

Montgomery asked for a permanent statewide injunction last month.

“We’ll proceed on with our lawsuit just like we have,” Montgomery said. “I think ultimately it will end up at the Kentucky Supreme Court and they will make the final decision. I’m glad the attorney general became involved.

“I’m still going to ask Judge Tapp to impose (the injunction) statewide when he makes his final decision,” Montgomery added. “Both (Tapp and Shepherd) are circuit judges and equally powerful. ... It will ultimately end up in the Kentucky Supreme Court and they will decide.”

Shepherd said yesterday the Kentucky attorney general's office has "raised a substantial question of law" but not enough to grant an injunction. Instead, Shepherd has scheduled a Nov. 10 hearing to hear arguments on whether state officials are properly applying a parole credit toward inmates' sentences.

Montgomery and Conway have sued the state to block the General Assembly's money-saving plan to ease Kentucky's costly prison burden by giving inmates and parolees more credit than normal for time served on parole. Thousands of inmates or parolees — including thieves, sex offenders and murderers — already have been released from prison based on the new "street credit" calculation.

Montgomery and Conway contend the plan is unconstitutional and should be stopped.

“We are disappointed that the court did not take immediate action by issuing a temporary restraining order barring the early release of prisoners and parolees, but we appreciate the fact that Judge Shepherd acknowledged the merits of the case and its impact on public safety,” Conway said yesterday.

“Today’s ruling does not determine whether or not the Kentucky Department of Corrections is violating state law by retroactively applying street-credit time to parolees and inmates or whether this practice has undermined Kentucky’s Truth in Sentence Law,” Conway added. “We’re going to evaluate our legal options and take the next steps necessary to uphold the integrity of our judicial sentences.”

•••

CJ Staff Writer Susan Wheeldon and the Associated Press contributed to this story.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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