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Open Letter to Lexington Judge Ernesto Scorsone

Open Letter to Lexington Judge Ernesto Scorsone

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Published by: Christopher Alan Hignite on Nov 19, 2010
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11/19/2010

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Lexington
Christopher Hignite
Open letter to Lexington Judge, Honorable ErnestoScorsone
November 19th, 2010 2:31 am ET
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I have been following the false arrests of PleasLucian Kavanaugh forsome time now. I recentlyre- posted Lucian's blogdetailing the shenanigans thathe has dealt with in his most recent attempt atfreedom. This has led to some interesting newdevelopments.The police officer that accused Lucian has beenreprimanded. Detective Elizabeth Adams wascharged with unsatisfactory performance andviolation of DOP Gen. Order 73-2H Operational rule1.11. Her punishment is 40 hours suspension withoutpay and an employee development program to becompleted within 6 months. I don't know about youbut that leads me to question the reliability of hertestimony and decision to single out Mr. Kavanaugh.Bobby Gullette just filed a motion to put Lucian in jailuntil trial (February 23) because of what he wrote inhis blog and I re-posted. He even submitted aphotocopy of his blog into the record. Lucian hascourt today, November 19, at 1pm to decide whatScorsone is going to do. Lucian has the right to air hiscase and/or write about it on the internet. Gullette'sattempt to punish him for this should be considered aFirst Amendment violation.What follows is a letter from Mr. Kavanaugh to the judge in this case, Ernesto Scorsone:Wednesday, November 17, 2010A Letter to the
Judge Ernesto Scorsone
Photo: Matt Goins, Lexington Herald- Leader 
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JudgeWhile bias is understood to be an intrinsically humancharacteristic, that urge to presume on the basis ofoften erroneous information such as criminal historyand passing innuendo, one can only hope that LadyJustice’s eyes remain shrouded as they should andimplore that the prosecution and the defense beregarded equally so that no quarter be provided Mr.Gullette which isn’t summarily endowed upon myselfas well. It seems a most humble and reasonablerequest; a mere reiteration of the most fundamentalinherence of any worthwhile legal system.Which isn’t to suggest that one good foul deservesanother or any such twist of illogic, but only that in thetotality of this specific circumstance, it is difficult tofathom how one could arrive at the conclusion thatmy incarceration is the proper remedy for an isolatedincident of inconvenient scheduling by arbiters.Furthermore, if the respective sides are to be held toan even remotely comparable standard, then it isnoteworthy that Mr. Gullette has failed to appear atmultiple appointments during the course of the lastyear without so much as a verbal reprimand or evenan apology.This most recent mishap, for which I am currentlyheld responsible, is more accurately, a hybrid of boththe prosecutor’s failure to appear on November 4thand a rather perplexing failure to acknowledge mylack of availability on November 8th.If the court will pardon the insistence, I deliberatelysubmitted that I would be out of town in order to avoidthe very dilemma in which I presently find myself.That the point has gone unnoticed and that I came tobe regarded as the primary culprit of this mishapcontradicts even the most unrefined conception offairness and alludes to a major point of concern in mymind—It has been the experience that my extensiveinvolvement with the Lexington Police Departmenthas served to disrepute me among certain members
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of the local establishment. Incidentally, the suspicionhas been confirmed on several occasions over theyears by a myriad of officials, both on and off therecord, to include a former member of the judiciary.And while it would be far from me to insist that such isthe case in this particular example, I must admit toregard the question with no small measure oftrepidation.Studies have highlighted the multitude of challengesconfronting an indigent defender in the criminal justice system ranging from the typical lack of accessto resources and overloaded public advocates tounabashed disparities in rates of detainment pendingtrial, conviction and even capital punishment.In such a flagrantly lopsided system, a temperatearbitrator serves as perhaps the greatest barrierbetween a less fortunate socio-economic status andinjustice. To condone the denial of that single respiteis to sanction the deprivation of justice altogether.Without it, I am lost before the first word was everuttered on my behalf. And if the police havesucceeded as the saboteurs of my life, then the judiciary should now play the role of my executioner.But I remain hopeful that all has not been lost in aswift gust of disparaging conjecture and have faiththat my liberty should not be stamped out withcalloused indifference and shameless preferentiality.I maintain my innocence and have no doubt that timewill readily disprove my accusers as it unseats allthings shoddily founded. In the interim, I hope to beallowed the benefit of the doubt due a presumablyinnocent man and respectfully request to remain freeuntil such time as a jury of my peers should decideotherwise.Sincerely,Pleas Lucian Kavanaugh
Lucian's letter is not meant to enflame the courts,Judge Scorsone nor prosecutor Gullette. It is merely a plea for fairness and consideration. Lucian is no threat to society. The court is in no danger of Lucian 
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