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Louisville, Kentucky

THURSDAY, DECEMBER 12, 2019 ❚ COURIERJOURNAL.COM PART OF THE USA TODAY NETWORK

Bevin pardoned brother of donor

Former governor absolved hundreds of convicted criminals of Donald Mills, told The Courier Jour-
nal on Wednesday it would be an “un-
derstatement to say I am aggrieved” by
Andrew Wolfson and Joe Sonka fundraiser last year to retire debt from A photo of Bevin attending the July Bevin’s pardon.
Louisville Courier Journal Bevin’s 2015 gubernatorial campaign. 26, 2018, fundraiser at the home of Eric Steele identified Patrick Baker as the
USA TODAY NETWORK
The brother and sister-in-law of of- and Kathryn Baker in Corbin was pub- brother of Eric Baker, who hosted the
fender Patrick Brian Baker also gave lished six days later in a local paper, the Bevin fundraiser at his Corbin home.
The family of a man pardoned by Gov. $4,000 to Bevin’s campaign on the day News Journal. The Friday order was one of 428 par-
Matt Bevin for a homicide and other of the fundraiser, according to the Ken- Commonwealth’s Attorney Jackie dons and commutations Bevin issued
crimes in a fatal 2014 Knox County home tucky Registry of Election Finance data- Steele, who prosecuted Patrick Baker
invasion raised $21,500 at a political base. and other defendants for the 2014 death See PARDONS, Page 5A

Beshear-appointed In final hours,

Bevin staff
education board upholds snub
can meet, of Passport
judge says Deborah Yetter Louisville Courier Journal
USA TODAY NETWORK

In the final hours of Gov. Matt Bev-

New members could fire in’s administration, one of his top offi-
cials overrode a legislative commit-
Commissioner Lewis tee’s rejection of five Medicaid con-
tracts worth about $8 billion a year.
Mandy McLaren and Olivia Krauth William Landrum III, Bevin’s fi-
Louisville Courier Journal | USA TODAY NETWORK nance secretary, notified the commit-
tee Monday that “all five contracts
FRANKFORT – In what could spell the shall remain in effect as originally ap-
end for Education Commissioner Wayne proved,” according to a copy of his Dec.
Lewis, a judge ruled late Wednesday that 9 letter.
Gov. Andy Beshear’s newly appointed That throws the controversy over
state education board is free to meet. the contracts to the administration of
In issuing his ruling, Franklin Circuit Gov. Andy Beshear, who took office
Judge Thomas Wingate denied a request Tuesday and who has pledged to re-
for a temporary restraining order pre- view the contract decisions that ex-
venting the Kentucky Board of Educa- Beshear cluded Louisville’s Passport Health
tion’s new members from meeting Thurs- Plan and Anthem.
day. Beshear spokeswoman Crystal Sta-
The new board members are sched- ley said the new administration’s posi-
uled to meet for the first time at 10 a.m. “On my first day in tion has not changed.
Their agenda focuses on one task: firing office, I replaced The Bevin administration awarded
and replacing Lewis. the Kentucky Board the contracts, among the largest in
Beshear did not break state law when of Education state government, to Aetna Better
re-creating the Kentucky Board of Educa- because we must Health of Kentucky, Humana Health
tion with new members through an exec- have a board and Plan and Wellcare Health Insurance of
utive order, Wingate said. commissioner that Kentucky, all of which hold existing
Limiting a governor’s power to reorga- value public contracts with the state, as well as two
nize boards “would cripple any sitting education.” newcomers, United Healthcare and
governor’s ability to effectively govern,” Gov. Andy Beshear
Molina Health Care.
Wingate wrote in his opinion. Both Anthem and Passport filed for-
Bart Greenwald, the attorney for the mal protests on Wednesday, the dead-
ousted board members, said he would im- line for any appeal of the decision.
mediately appeal. It is unclear if he has Passport serves about 300,000 Medi-
done so yet. caid members and Anthem about
As for how far he’s willing to take the 130,000 under contracts that run
case, Greenwald said earlier Wednesday, ILLUSTRATION BY through June 30.
“All the way to the Supreme Court.” JOSHUA ULRICH/ The new contracts involve man-
“I’ve been a lawyer for 25 years and I’ve USA TODAY aged health care for more than 1 million
never actually said that,” he added. “... NETWORK; AND Kentuckians covered by Medicaid.
We’re willing to go all the way.” Lewis GETTY IMAGES They take effect July 1.

See BOARD, Page 8A See MEDICAID, Page 4A

January 7 - 12
The Kentucky Center
KentucKycenter.org • 584.7777

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 E1 COURIERJOURNAL.COM ❚ THURSDAY, DECEMBER 12, 2019 ❚ 5A

Pardons comment. A woman who identified her-

self as Kathryn Baker immediately hung
those cases, 99% of child rapists would
never be prosecuted.”
Bevin gave no reason for the pardon.
❚ Leif Halvorsen, who was sentenced
up on a Courier Journal reporter “This irresponsible manipulation of to death in Fayette County for the mur-
Continued from Page 1A Wednesday night after he mentioned the justice system is why the public’s der of three people – Jacqueline Green,
the pardon of Patrick Baker and did not confidence is constantly eroded,” Sand- Joe Norman and Joey Durham – in 1983.
since his narrow loss in November to answer follow-up phone calls. ers added. “No one from the Bevin ad- Bevin’s pardon and commutation
Democrat Andy Beshear, who was The manager for Bevin’s reelection ministration gave any warning this was stated only that “Leif has a powerful
sworn into office Tuesday. campaign, Davis Paine, and the gover- coming. If they had, we’d have shown voice that needs to be heard by more
The beneficiaries include one offend- nor’s former chief of staff, Blake Brick- them why these rapists and killers were people.”
er convicted of raping a child, another man, did not immediately respond to re- behind bars to begin with. These par- ❚ Kurt Robert Smith, who as a 17-
who hired a hit man to kill his business quests for comment. dons regurgitate false statements of de- year-old was convicted in 2002 in
partner and a third who killed his par- Judge David Williams, the former fense attorneys that juries of Kentucky Fayette County of the murder of his 6-
ents. president of the Kentucky Senate, sen- citizens obviously didn’t believe.” week-old baby, Blake, whose brain was
Steele noted Baker served two years tenced Baker in 2017. He said in 30 years Bevin also pardoned: so swollen that the seams between the
of a 19-year sentence on his conviction of practice: “I’ve never seen a more com- ❚ Kathy Harless, who was convicted bones in his skull were pushed half an
for reckless homicide, robbery, imper- pelling or complete case … the evidence of murder in Grayson County in 2003 inch apart, a state medical examiner
sonating a peace officer and tampering was just overwhelming.” and sentenced to life in prison after she testified.
with evidence. Steele said in an email to a Courier gave birth in a flea market outhouse and Bevin said Smith had been “duly
Steele, who, like Bevin, is a Republi- Journal reporter that Baker was the threw the baby in a cesspool. Bevin punished” for a crime 18 years ago. “I am
can, also cited the fact that two of Bak- most culpable of the defendants be- wrote that she had “paid enough for the confident that he will become a produc-
er’s co-defendants are still in prison. cause “he was the one who shot Mr. death of her newborn son.” tive member of society and encourage
“What makes Mr. Baker any different Mills.” ❚ Blake Walker, who was convicted in him to use his life experience to educate
than the other two?” he asked. According to his indictment, Baker 2003 in Adair County of killing his par- and help others,” Bevin wrote.
Answering that question, he said he and co-defendant Christopher Bradley ents, Barbara Peterson, 55, a Lindsey ❚ Daniel Scott Grubb, who was sen-
believes Baker was pardoned while the Wagner posed as law enforcement offi- Wilson College teacher, and her hus- tenced to life in prison in Knox County in
others remain locked up because Bak- cials to force their way into Mills’ home, band, Brian Walker, 54, who worked in 2010 for the murder of Jeremy Johnson.
er’s family has given generously to Bev- where they fought with Mills before construction and was a former Peace According to news accounts, Grubb
in. State records show that Victoria Bak- Baker shot him. Corps volunteer, and leaving their bod- claimed both were drunk when he threw
er, who lives at the same Corbin address They also restrained Mills’ wife and ies in a basement. He was 16 at the time. a cinder block at him, and after finding
where the fundraiser was held, donated took various items from the house. Bevin wrote that Walker, now 33, is his body the next day, panicked and en-
$1,000 in 2015 and that Kathryn Baker Three children were also in the home at “blessed by a loving and forgiving fam- listed a friend to bury the body.
gave another $500 to Bevin’s reelection the time of the crime. ily and it is this alone that tips the del- Bevin wrote that “drugs, alcohol and
in March. Wagner, who was sentenced to 10 icate balance in the direction of his re- a tragic accident resulted in the death of
In a pardon order Friday, Bevin said years for manslaughter and robbery, is quest.” one friend perpetrated by another. Dan-
Baker had made “a series of unwise de- still serving his sentence, as is Elijah He also said that while Walker com- iel Grubb made a series of bad decisions
cisions in his adult life” and that his Message, who got 20 years for second- mitted a crime “for which only God can that forever altered the lives of many
drug addiction “resulted in his associa- degree manslaughter and robbery. provide true forgiveness,” he was com- people in a negative way.”
tion with people that in turn led to his Bevin issued 428 pardons and com- muting Walker’s sentence “so that he Bevin said the pardon came with “the
arrest, prosecution and conviction for mutations from Election Day through can proceed with his life, unrestricted in expectation that Mr. Grubb will live his
murder.” the end of his term Monday, according his efforts to serve the world and the life as a model citizen in a way that will
Bevin wrote that the evidence sup- to the Secretary of State’s Office. needs of others in a way that would best bring honor to his family and to the
porting Baker’s conviction is “sketchy at He pardoned Micah Schoettle, who honor the lives and life work of his memory of his friend.”
best. I am not convinced that justice has was convicted last year of raping a 9- mother and father.” Bevin conditioned one pardon – of
been served on the death of Donald year-old child in Kenton County and But Adair Commonwealth’s Attorney Michael Hardy, who was convicted in
Mills, nor am I convinced that the evi- sentenced last year to 23 years in prison. Brian Wright, who prosecuted Walker, Warren County of the 2014 wanton mur-
dence has proven the involvement of Bevin wrote that Schoettle was con- said he was “disgusted, frustrated and der of Jeremy Pryor – on Hardy refrain-
Patrick Baker as a murderer.” victed of a heinous crime “based only on upset” by the pardon, which he called a ing from any consumption of alcohol
(Although the pardon says Baker was testimony that was not supported by travesty. He said Bevin’s office never and sharing his story “in schools,
convicted of murder, court records show any physical evidence.” He added that consulted him about it, and that Walker churches and other gatherings no less
that was amended to reckless homi- the case “was investigated and prose- agreed to the sentence in a plea agree- than six times per year for at least the
cide.) cuted in a manner that was sloppy at ment. next 20 years.”
Bevin commuted his sentence to best. I do not believe that the charges ❚ Irvin Edge, who was convicted of “I do not believe that society, as a
time served and gave him a pardon. against Mr. Schoettle are true.” murder and solicitation to murder for whole, or the memory of Jeremy Pryor
State prison records showed that But that explanation infuriated Ken- hiring a hit man to kill his business part- more specifically, will be best served by
Baker, 41, was still at Northpoint Train- ton County Commonwealth’s Attorney ner in 1991 in Daviess County. According the continued incarceration of Mr. Har-
ing Center on Wednesday. Rob Sanders, who prosecuted Schoettle. to court records, the killer came to vic- dy,” Bevin wrote.
If not for Bevin’s clemency order, “So, I guess Matt Bevin thinks he’s tim Charles Westerfield’s door, asked to He said he hoped Hardy’s pardon
Baker would not have been eligible for smarter than the 12 citizens that heard see him, and then shot and killed him in would provide “a teachable lesson for
parole until July 2027. The minimum the actual evidence,” Sanders said. “I’ve front of his family members. He was others of all ages (but especially young
date for expiration of his sentence got news for him: Child molesting rarely sentenced to life, and in 2004, the Pa- people).”
would have been January 2034. happens in front of witnesses or leaves role Board ordered him to serve out that Andrew Wolfson: 502-582-7189;
Eric Baker could not be reached for physical evidence. If we didn’t pursue sentence. [email protected].

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Louisville, Kentucky

MONDAY, DECEMBER 16, 2019 ❚ COURIERJOURNAL.COM PART OF THE USA TODAY NETWORK

BATTLE OF THE BULGE 75TH ANNIVERSARY

Bevin fights
‘I’VE COME HOME’ back amid
Louisville WWII veteran joins thousands in
Belgium for Battle of the Bulge anniversary
criticism
over pardons
Joe Sonka Louisville Courier Journal
USA TODAY NETWORK

A defiant Matt Bevin says he would welcome a

federal investigation into the controversial last-
minute pardons and commutations he issued before
leaving the governor’s office last week, adding he is
convinced that some he pardoned of
crimes, including brutal murder, rape
and child abuse, are innocent.
“This is going to be very cathartic,”
Bevin told The Courier Journal Satur-
day night.
“There’s nothing more antiseptic
than the truth. And the truth is some- Bevin
thing that needs to be shined into
some corners of the criminal justice
John Pildner Sr. salutes the schoolchildren of Noville, Belgium, during a visit Friday system, in this state and in this country.”
as part of the 75th anniversary of the Battle of the Bulge. Other veterans, from left, Bevin even suggested that some of the county
are Frank Riesinger, George Merz, of Louisville, and an unidentified Vietnam veteran. prosecutors who are the fiercest critics of his pardons
PAT MCDONOGH/COURIER JOURNAL may end up as the ones investigated and prosecuted
if federal investigators get involved.

B
Sarah Ladd Louisville Courier Journal | USA TODAY NETWORK See BEVIN, Page 5A

ASTOGNE, BELGIUM – It wasn’t the thunderous booms of shell-

ing or the acrid smell of smoke that filled the air on Saturday. It
was the click of horses’ hooves on paved roads in a celebratory DISCONNECTED YOUTH
parade. The smell of churros coming from the Christmas Market
on Rue Joseph-Renquin, the main stretch in downtown. ❚ And, it was bursts
JCPS alternative
of fireworks — harmless pink slivers in the night sky. ❚ Thousands from schools aim to give
around the world descended on Bastogne, a town of almost 50,000, to cele-
brate the country’s liberation.
students new hope
Mandy McLaren Louisville Courier Journal
See BATTLE, Page 11A USA TODAY NETWORK

If life is a series of cliffhangers, David Horton was

a 17-year-old teetering on the edge.
Caught with a gun at school, he was being reas-

CARDS SECURE signed to Louisville’s Breckin-

ridge Metropolitan High — a

BRAGGING
place the teen feared was “all This is part
chaos.” two of a
Over 6 feet tall, he knew he three-part
RIGHTS IN looked big and tough. But he
was scared.
series examin-
ing Kentucky’s

RIVALRY WIN That’s why he had the gun

in the first place.
“I’m gonna drop out of
young people
who are out of
school and out
Louisville’s Jazmine Jones (23), Kylee school,” he thought. of work.
Shook, left, Bionca Dunham and Yacine Jefferson County Public
Diop, right, celebrate after beating Schools has seen thousands of
Kentucky on Sunday. The Cardinals’ students like David Horton come through its doors —
seniors secured their fourth-straight win only to eventually disappear, whether pushed out by
over their rivals with a one-point victory the system, their own poor choices or a murky combi-
at Rupp Arena. See Sports, 1B and nation of both.
courierjournal.com for more coverage.
SCOTT UTTERBACK/COURIER JOURNAL See SCHOOLS, Page 6A

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 E1 COURIERJOURNAL.COM ❚ MONDAY, DECEMBER 16, 2019 ❚ 5A

Bevin had spoken to Eric Baker before, “But I

don’t know if I’ve spoken to him about
vers on Sunday stood by his concerns
and call for a federal investigation, par-
this.” “There’s a boatload of ticularly the circumstances surround-
Continued from Page 1A Bevin added that he could not re- ing the pardon of Patrick Baker.
member ever being at the Bakers’ home. legislators who are all “It has an appearance that calls for
“You will see people subpoenaed, you The former governor also insisted outraged right now who individuals to look into the case,” said
will see people deposed, you will see Baker is an innocent man — despite the Stivers, citing the overwhelming evi-
people convicted,” he predicted. outcry over Patrick Baker’s pardon from sure advocated the crap out dence in the case, “the photos you’ve
“If the truth comes out, there will be Mills’ family, the local prosecutor in the seen” of Bevin and Patrick Baker at the
people involved in this process on the case and those questioning if the politi-
of me for the last four years, campaign fundraiser and “the inconsis-
other side of the equation that have very cal donations played a role. including some of the tencies in the pardons of one but not all
good reason to be very concerned right The real killer, Bevin said, hasn’t three,” as two accomplices in the crime
now. And some of them been fully brought to justice. loudest ones.” are still in jail.
are the loudest people “I looked at (the Patrick Baker case) Matt Bevin Bevin strongly denied that families of
right now, and for good for months and months,” said Bevin, Former governor inmates who got meetings or special ac-
reason.” adding he had “a lot of conversations” cess to the former governor got prefer-
Squarely in Bevin’s with people about the circumstances of Schoettle case recounted to the New ential treatment.
sights are state legisla- Mills’ murder and Baker’s trial. York Times her outrage when learning “People can agree with me, disagree
tors and prosecutors — “If you truly care about the truth of about the pardon, saying her family had with me, like me, not like me,” Bevin
Patrick including Republican that story, among others, stay with it, only recently begun to recover from the said. “I have never in four years done
Baker Senate President Robert stay on it, ask a lot of questions,” Bevin trial and “it scares me to think that he anything based on a political or finan-
Stivers — who have said. “You’ll find a lot of people both in- knows he got away with it.” cial calculation. Never. It’s just not how I
called on commonwealth and federal side and outside of Kentucky are very Bevin’s pardon order for Schoettle operate.”
law enforcement to investigate some of aware of that case.” stated the case “was investigated and
his more controversial pardons and Bevin questioned testimony in the prosecuted in a manner that was sloppy Bevin’s pardon process
commutations. case from Mills’ family members who at best.”
In his interview with The Courier witnessed the murder, saying the testi- However, Bevin repeatedly disputed In the Courier Journal interview, Bev-
Journal, the one-term Republican gov- mony suggested the killer had specific that he cited prosecutorial misconduct in said he alone went through all of the
ernor insinuated his critics are grand- physical characteristics different than in this pardon or any of the other hun- pardon and commutation applications
standing for political gain. that of Patrick Baker. dreds he issued in his final days, saying and made the determinations of who
“There’s a boatload of legislators who “The way in which these things have “that’s something either you’re making was worthy of one, writing all of the or-
are all outraged right now who sure ad- gone down has been a remarkable mis- up or someone’s making up.” ders himself.
vocated the crap out of me for the last carriage of justice,” Bevin said. He added he would also ask for feed-
four years, including some of the loud- “There is little that can be done given Bevin responds to Stivers back on certain cases from public advo-
est ones,” Bevin said. “Political oppor- the existing criminal justice system to cates and officials in the Kentucky Jus-
tunism is an interesting thing.” undo that which is wrong. There is an Shortly after Senate Majority Leader tice and Public Safety Cabinet.
The Courier Journal was the first to appeals process, but it is almost impos- Mitch McConnell on Friday called Bev- The former governor said he would
reveal the political connections related sible — not just in Kentucky, but in in’s pardons “completely inappropri- listen to cases for pardons made by any-
to one of Bevin’s most controversial de- America — for an innocent person, ever, ate,” Stivers, the Republican president one, including legislators, people on this
cisions: Pardoning Patrick Baker two no matter how existent exonerating in- of the state Senate, called for a federal team and “people who might come up to
years into his 19-year sentence for kill- formation is, to get anybody to overturn investigation of Bevin’s pardons. me at a Lincoln Day dinner and say,
ing Donald Mills in a Knox County home something that’s incorrect.” “From what we know of former Gov. ‘Hey, you know, what about this, that or
invasion and robbery. Bevin’s extreme pardons and commuta- the other person.’”
In the weekend interview, Bevin ini- Defending other pardons tions, the Senate Republican Majority “I’ll listen to anybody,” Bevin said.
tially claimed several times that he condemns his actions as a travesty and “Believe me, I talked to people out the
didn’t know and couldn’t remember Bevin also defended his pardon of perversion of justice,” Stivers said in a wazoo. I’ll take anyone’s opinion on
ever meeting or speaking to Patrick Bak- Micah Schoettle, who was convicted of press release. something.”
er’s brother, Eric, who held a campaign raping a 9-year-old in Kenton County “Our citizens, and especially the Bevin also said he had “absolute con-
fundraiser for Bevin at his Corbin home last year and sentenced to 23 years. crime victims and their families, de- fidence” that everyone he pardoned
last year that raised $21,500, state pub- Bevin claimed Schoettle is complete- serve better.” would not have a serious future run-in
lic records show. ly innocent because there is no physical, Asked about the comments from with the law.
The Courier Journal last week report- medical or eyewitness evidence against McConnell and Stivers, Bevin said his “I can’t predict the future, but... I’m
ed on Bevin’s attendance at the July 26, him, adding that “not everything that two Republican critics did not provide as confident about these folks as I am
2018, fundraiser — including publishing you are told is true, including in a court- any specifics about what wrongdoing he about you or me or somebody that
a front-page photo of Bevin and Eric room.” was guilty of, adding that such “broad passes me on the street next,” he said.
Baker talking at Baker’s home. The Cou- “Go sit down, talk to (Schoettle), talk categorizations make for good press re- Reach reporter Joe Sonka at json-
rier Journal story included a first-hand to the other people involved, talk to the leases, make for good tabloid fodder.” [email protected] or 502-582-
account from the publisher of the Cor- mother of the daughter, who was in- “People like that, they’ll never give 4472 and follow him on Twitter at @joe-
bin newspaper of Bevin having a private volved in the accusation,” Bevin said. you specifics,” Bevin said. “He’ll express sonka. Support strong local journalism
meeting with the Baker family. “You dig into that thing and find out outrage, but over what? Specifically, by subscribing today: courierjour-
Asked about the fundraiser again, what did or didn’t happen.” what is the outrage based on?” nal.com/subscribe.
the former governor then conceded he The mother of the victim in the Asked about Bevin’s comments, Sti-

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Louisville, Kentucky

WEDNESDAY, DECEMBER 18, 2019 ❚ COURIERJOURNAL.COM PART OF THE USA TODAY NETWORK

COURIER JOURNAL EXCLUSIVE

McConnell urges
House not to
impeach Trump
Senate majority leader criticizes
‘slapdash’ probe, slams Schumer
Morgan Watkins Louisville Courier Journal
USA TODAY NETWORK

U.S. Sen. Mitch McConnell urged

the House of Representatives not to
impeach President Donald Trump this
week after the chamber’s Democrats Senate
led what he called a “slapdash” investi- Majority
gation. Leader
He also harshly criticized the Sen- Mitch
ate’s top Democrat, Sen. Chuck McConnell
Schumer. says
“All signs seem to suggest that later members
this week, House Democrats are final- of the
ly going to do what many of them have House still
been foreshadowing for three years have time
now and impeach President Trump,” to do the
McConnell said in a speech Tuesday right thing
on the Senate floor. for the
McConnell criticized the investiga- country by
tion the Democrat-controlled House deciding
began in September 2019 as the “most not to
rushed, least thorough and most un- impeach
fair impeachment inquiry in modern the
history.” president.

See MCCONNELL, Page 5A

GOP megadonor TODAY’S HIGHLIGHT SPORTS, 1B

pushed for pardon

Bevin’s last-minute order freed convicted killer Baker
Joe Sonka and Phillip M. Bailey Louisville Courier Journal | USA TODAY NETWORK

A prominent Kentucky banker who INSIDE dates, committees and super PACs
is one of the state’s largest Republican over the past decade, state and federal
Baker’s
donors urged former Gov. Matt Bevin campaign records show.
lawyer:
to pardon convicted killer Patrick Bak- Forcht hosted a reelection fundrais-
Pardon
er months before the outgoing gover- er for Bevin on March 23 at his home
was a
nor issued a controversial last-minute near London, Kentucky, where he
“coura-
order freeing the man. raised $33,150. Forcht also gave
geous
Terry Forcht, founder of Corbin- $100,000 to the Matt Bevin-Jenean
act.” 3A
based Forcht Bank, has given more
than $1 million to Republican candi- See PARDON, Page 7A
‘A dream come true’
COURIER JOURNAL FILES/PHOTO ILLUSTRATION BY DIANDRA SPICAK/USA TODAY NETWORK, AND GETTY IMAGES Friendship brought Jordan Watkins, left, and Josh
Minkins together as recruits for the Louisville
football team. SAM UPSHAW JR./COURIER JOURNAL

(502) 785-8386
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 E1 COURIERJOURNAL.COM ❚ WEDNESDAY, DECEMBER 18, 2019 ❚ 7A

Pardon Who did Bevin pardon?

Continued from Page 1A Gov. Matt Bevin issued 254 par-
dons between his loss to Andy
Hampton Inaugural Committee in 2015. Beshear on Election Day and the
Public records reviewed Tuesday by end of his term.
The Courier Journal show the GOP
Bevin has been criticized for sev-
megadonor lobbied Bevin, a Republi-
eral pardons he issued, including
can, on behalf of Baker twice: In an Au-
to the man convicted on homicide
gust 2018 letter and again in a June 4,
and other charges in a fatal 2014
2019, note.
Knox County home invasion
“I would like to renew my recommen-
whose brother and sister-in-law
dation for him to receive a Gubernato-
hosted a fundraiser for Bevin that
rial Pardon,” Forcht wrote on June 4. “I
raised $21,500.
continue to follow his story and feel he
would be a good candidate. I know his Those 254 pardons are among the
family and still feel he has turned his life more than 670 pardons and com-
around.” mutations Bevin issued during his
Shortly after Forcht prodded the gov- final two months in office.
ernor to act, former state Rep. Denny
The Courier Journal is working to
Butler, an investigator looking into Bak-
provide details from each pardon
er’s case on Bevin’s behalf, advised the
order filed with the Secretary of
governor that while he believed in Bak-
State’s office.
er’s innocence, it would be inappropri-
ate to issue a pardon at that time. Patrick Baker, who was recently pardoned by former Gov. Matt Bevin, told a You can look them up with Bevin’s
Despite that finding from Butler in reporter that he plans to enjoy the holiday before deciding his next move during reason for pardoning them on our
June, Bevin issued Baker’s pardon dur- a press conference in Lexington on Tuesday. Baker’s pardon has been criticized searchable database online at
ing his last week in office, writing, “Pat- because his family donated to Bevin’s reelection campaign. courierjournal.com.
rick Baker is a man who has made a se- SAM UPSHAW JR./COURIER JOURNAL
ries of unwise decisions in his adult life.
“The evidence supporting his convic-
tion is sketchy at best. I am not con-
vinced that justice has been served on
the death of Donald Mills, nor am I con-
vinced that the evidence has proven the
involvement of Patrick Baker as mur-
derer; and I am commuting Mr. Baker’s
sentence to time served and providing
him with a pardon only for charges as-
sociated with this conviction.”
The Courier Journal reviewed dozens
of pages of state documents, correspon-
dence and other public records to better
understand Bevin’s decision to pardon
Baker. In December 2017, Baker was sen-
tenced to 19 years in prison, convicted of
reckless homicide, robbery and imper-
sonating a peace officer when he and
two accomplices invaded Donald Mills’
Knox County home.
Prosecutors argued to jurors Baker
was the one who shot and killed Mills.
The Courier Journal was the first to
report last week Baker’s brother and sis-
ter-in-law hosted a political fundraiser
for Bevin at their Corbin home on July
26, 2018, where they raised $21,500 to
retire debt from the governor’s 2015
campaign.
Members of Baker’s family and other
Knox County residents with the same
last name donated $9,500 to Bevin that
day, with his sister-in-law and father
donating $2,000 to Bevin’s reelection
campaign in 2019.
Kentucky Registry of Election Fi-
nance records show two employees of The mother of convicted killer Patrick Baker wrote to then-Gov. Matt Bevin on March 9, 2018, asking for his help in her
Forcht Bank also donated to Bevin’s son’s case. COURIER JOURNAL
2015 campaign on the day of the fund-
raiser at the Baker home.
Numerous state legislators — includ- have the description of the killer’s phys-
ing Republican Senate President Sti- ical appearance as different than Baker.
vers, who represents Knox County — “I am currently at the Clay His attorneys have also suggested that
have called for federal and state investi- Kentucky State Police troopers wrongly
gations of the most controversial of County Detention Center, fingered Baker as the shooter, citing
Bevin’s hundreds of pardons in his final serving a 19-year sentence lawsuits against two of officers leading
days. the case that accused them of framing
They are particularly concerned in which I was wrongfully four innocent people with crimes.
about the timing of campaign contribu- convicted. The reason for The first letter sent to Bevin pleading
tions and political access to Bevin relat- for a pardon of Baker was from his
ed to the Baker pardon. this letter is to ask you to mother, Jackie Baker, in March 2018. His
Senate Majority Leader Mitch show mercy on my family father, John Baker, followed up with a
McConnell also lashed out at Bevin’s letter in June.
flurry of pardons and commutations for and I and issue me a pardon. In the first few days of July 2018, sev-
those convicted of violent crimes, call- I’ve never been a threat to en additional letters were sent to Bevin
ing them “completely inappropriate.” asking for a pardon, including letters
“I expect (Bevin) has the power to do society. I’m 40 years old and from his friends, pastor, fiancée and
it, but looking at the examples of people Terry Forcht, left, and then-Gov. Matt have worked, paid taxes and Baker himself.
who were incarcerated as the result of Bevin celebrate Forcht’s birthday in “I am currently at the Clay County
heinous crimes, no, I don’t approve of April 2017. been a productive citizen.” Detention Center, serving a 19-year sen-
them,” McConnell said last week. FROM GOV. MATT BEVIN’S OFFICIAL TWITTER PAGE Patrick Baker, writing then-Gov. Matt Bevin tence in which I was wrongfully convict-
Forcht’s support for Baker’s release ed,” Baker told Bevin.
was discovered in The Courier Journal’s “The reason for this letter is to ask
review of records related to Baker’s par- with him about starting a conviction in- ceived such a letter from the Bevin ad- you to show mercy on my family and I
don. tegrity unit to look into the Baker case ministration. and issue me a pardon. I’ve never been a
He is not new to Kentucky’s GOP pol- and others. She said there is no signed copy in threat to society. I’m 40 years old and
itics. He told Bevin’s general counsel and the governor’s office files, nor was there have worked, paid taxes and been a pro-
In March 2019, during Kentucky’s other administration officials he be- any email suggesting the letter was ever ductive citizen.”
hotly contested gubernatorial race be- lieved Baker was innocent and “the true sent. On July 4, the formal pardon applica-
tween incumbent Bevin and, ultimately, killer could be identified and held ac- “We are not aware of any conviction tion was filed with the governor’s office.
Democratic Attorney General Andy Be- countable.” integrity unit in Kentucky, and we did Three weeks later, Bevin attended
shear, Forcht doled out $150,000 to the “The Patrick Baker case came to my not receive a request to investigate the the campaign fundraiser at the Corbin
Republican Governor’s Association. attention earlier this year through the Edge and Baker convictions,” Staley home of Eric and Kathryn Baker.
That group aired numerous ads sup- governor,” Butler said in the email. said. In his interview with The Courier
porting Bevin, who lost the November Butler provided administration offi- Butler, who Bevin appointed com- Journal, Bevin acknowledged speaking
election by about 5,000 votes to Be- cials with a draft letter written in the missioner of the Department of Juvenile to Eric Baker, but said he couldn’t re-
shear. governor’s words asking Beshear to Justice in August 2019, did not return a member if he ever talked to him about a
Forcht ended his June 4 letter to Bev- launch an investigation into Baker’s call for comment on Tuesday. pardon for his brother.
in by asking the governor to call him on case, along with the case of Irvin Edge, Ultimately, Bevin pardoned Edge and A month after the fundraiser, Forcht
his cell phone if he needed any further who was convicted of murder for hiring Baker. sent his first letter to the governor men-
information. a hit man to kill his business partner in Bevin told The Courier Journal in a tioning Patrick Baker, along with anoth-
Forcht’s assistant emailed a copy of 1991. lengthy interview on Saturday that he er person he wanted Bevin to consider
the letter on June 5 to Bevin’s chief of But Butler didn’t think a pardon was welcomes a federal investigation. for a pardon.
staff, who then forwarded it to three at- warranted until further investigation Bevin said he is not only convinced of Forcht wrote that he had “personal
torneys in the governor’s office, records could be done. the innocence of Baker and others he knowledge of both families” and could
show. “In response to the request for par- pardoned, but suggested that there was attest that both individuals had “turned
State records show the Bevin admini- dons by Mr. Edge and Mr. Baker, and af- corruption among law enforcement that their life around.”
stration was in constant conversation ter a comprehensive review by my ad- led to wrongful convictions in this case Former Courier Journal reporter Tom
with Butler months ahead of the Baker ministration, a pardon would not be the and others. Loftus contributed to this report.
pardon. Butler is a former Louisville po- appropriate decision in either case,” the “The way in which these things have Reach reporter Joe Sonka at json-
lice detective who has challenged local letter drafted by Butler in the governor’s gone down has been a remarkable mis- [email protected] or 502-582-
law enforcement and prosecutors in a name said. carriage of justice,” Bevin said, adding 4472 and follow him on Twitter at @joe-
number wrongful conviction cases in Crystal Staley, a spokeswoman for that he looked at Baker’s case “for sonka. Reach reporter Phillip M. Bailey
recent years. Gov. Andy Beshear who worked as the months and months” and had a lot of at pbailey@courierjournal or 502-582-
In a June 19 email to three members chief communications official when he conversations about his conviction. 4475. Support strong local journalism
of Bevin’s staff, Butler slammed Be- was attorney general, told The Courier Bevin and attorneys for Baker have by subscribing today: courierjournal.
shear’s office for failing to correspond Journal Tuesday their office never re- both cited eyewitness accounts that com/subscribe.
 SPECIAL REPORT
SUNDAY, DECEMBER 22, 2019 ❚ COURIERJOURNAL.COM

MATT BEVIN’S PARTING PARDONS

THE 11 TH

HOUR
Bevin’s final flurry of pardons, commutations
ignites a political firestorm across Kentucky

Patrick Baker was sentenced to 19 years in prison for breaking into a

Knox County home in 2014 and killing a man in front of his family. Gov.
Matt Bevin pardoned him, saying the evidence was “sketchy at best.”
Micah Schoettle received 23 years in prison after he was convicted
last year of raping a 9-year-old girl in Kenton County. Bevin pardoned
him, calling the investigation “sloppy at best” and telling a radio host the
girl couldn’t have been raped because her hymen wasn’t broken.
Delmar Partin got life in prison for murdering a Knox County co-work-
er in 1994, beheading her and stuffing her in a barrel. Bevin pardoned him
over the state’s “inability or unwillingness” to look at DNA evidence.
What convinced Bevin to pardon or commute the sentences of these
and more than 650 other Kentuckians during his final days in office, ig-
niting a firestorm of protest from victims’ families, lawmakers and law
enforcement?
The Courier Journal has spent the past two weeks digging into Bevin’s
decisions, pulling back the curtain on a process that has mystified — and
angered — many Kentuckians.
In this special section, you’ll learn of Bevin’s frenzied final days poring
through pardon requests, discover how a rush to help low-level drug of-
fenders left many minorities still behind bars, and find out how religion,
redemption and injustice influenced Bevin’s choices.

Pictured: All but 16 of the 336 drug offenders whose sentences

then-Gov. Matt Bevin commuted are white. Read the story on Page 2K.
2K ❚ SUNDAY, DECEMBER 22, 2019 ❚ COURIER JOURNAL E1 K1

SPECIAL REPORT BEVIN’S PARTING PARDONS

Commutations by race

Of 336 inmates,
Before leaving office, former Kentucky Gov. Matt
Bevin granted early release to 336 nonviolent drug
offenders. Of those, only 16 inmates of color were
included in the commutation orders.

nearly all those

% of
% of commutations
commutations by
by race
race

freed were white 95% white

95% white
5% non-white
5% non-white
Matt Mencarini and Jonathan Bullington Louisville Courier Journal | USA TODAY NETWORK

On his last day as Kentucky’s governor, Matt Bevin signed a sweeping executive order granting
early release to 336 inmates sentenced solely for drug possession. ❚ All of them were nonviolent
offenders. ❚ And 95% of them were white. ❚ A vocal believer in second chances, Bevin, who lost
his bid for a second term, had asked the Department of Corrections staff to compile the list of
names in less than two weeks. ❚ Corrections staff used a handful of criteria — including criminal
history and pending felony charges — to whittle a prospective list of 797 offenders to the 336
% of
of commutations
commutations by
by gender
gender
whose sentences Bevin commuted in his Dec. 9 order. %

“Race was not a factor” in the as- possession. stration, said officials are “still try-
sessments, Lisa Lamb, a correc- The screening factors the Cor- ing to piece together information
tions spokeswoman, told The Cou- rections Department used to elim- regarding the last governor’s com-
rier Journal in an email. inate inmates from the list includ- mutations.”
But the end result — few people ed pending detainers, pending fel- “Gov. Beshear believes the re-
of color granted commutations — is ony charges, recent violations of ported imbalance is concerning
another painful example of how community supervision, prior es- and pledges to take a different ap-
generations of African Americans capes, a history of violent behavior proach,” Staley said.
have been unfairly punished by and prior convictions for a “violent 63% male
63% male
Kentucky’s legal system, and how or serious felony,” according to A closer look at 37% female
37% female
they are too often cheated out of a Lamb. who got released
chance at redemption, said crimi- The Dec. 9 commutations are
nal justice advocates and current among more than 670 pardons and The Courier Journal ran the 336
and former state public defenders. commutations the Republican for- inmates included in Bevin’s order
“Black people are on the damn- mer governor issued between his through the state’s online offender
ing end of every negative response Election Day loss to Democratic ri- database to gather additional in-
this country has offered,” said Sa- val Andy Beshear and his final day formation on who received com-
diqa Reynolds, president and CEO in office. muted sentences, including their
of Louisville Urban League. “The His flurry of executive orders risk assessment scores and num-
war on drugs was a war on black was applauded by some for show- ber of charges.
people. There is a pipeline to prison ing compassion and righting injus- Among the findings:
filled with black bodies flowing di- tices. ❚ 63% were men and 37% were KYLE SLAGLE/USA TODAY NETWORK

rectly from our schools. But several pardons and com- women
“And then when politicians have mutations have ignited sharp criti- ❚ 65% of the commuted sen-
the resources to provide relief, they cism, as well as calls for a federal tences were for a single drug pos- ‘I hit the lottery’
use it largely in white communi- investigation and a proposed con- session charge
ties, generally least impacted by stitutional amendment to limit fu- ❚ 24% of the commuted sen- “We certainly For those on Bevin’s commuta-
the harm.” ture governors’ ability to issue end- tences were for two charges, and are pleased tion list, like Elizabeth Hogge, it
of-term pardons. 10% had three or more for those who was like Christmas came early.
Winnowing the list Bevin’s most controversial par- ❚ 13% had risk assessment are getting The 46-year-old Carter County
of eligible inmates dons include a man convicted of scores of high or very-high and 71% a second native and mother of two was serv-
murder whose family raised more scored low or moderate chance and ing a three-year sentence in east-
The Courier Journal analyzed than $20,000 for Bevin at a politi- ❚ 16% had no score or had their look forward ern Kentucky for an April 2019 drug
Bevin’s conditional commutation cal fundraiser last year, the son of a score listed as “unassigned” to someday conviction she said stemmed from
order as well as data on the state’s state representative who had do- In other words, incarcerated enjoying a severe back injury and an addic-
total prison population during Sep- nated to Bevin’s campaign, and a drug offenders with more than one equal access tion to pain medications.
tember 2019. man convicted of raping a young charge or with high-risk assess- to systems At 6 a.m. Monday, as a Greenup
It found that white inmates dis- girl. ments were still more likely to get a that offer County jail guard made mandatory
proportionately benefited from The 336 commuted drug sen- commutation than minorities. such.” cell checks, Hogge was told she was
Bevin’s order. tences Bevin signed provide yet Damon Preston, head of the going home.
Sadiqa
At that time, 4,857 inmates were another look at how he chose to use state’s Office of the Public Advo- At first, she thought the guard
Reynolds,
being held on a primary charge of his pardon power in the waning cate, said that high-risk assess- president and CEO was joking, or was referring to
drug possession. days of his administration. ment scores may seem alarming, of Louisville Urban Hogge’s scheduled parole hearing
Of that, 20% — or 976 — were Bevin could not be reached for its intent is to predict the likelihood League Jan. 14. But later that same day,
minorities who could have been eli- comment on the commutation or- of someone reoffending, not of when a corrections staffer came to
gible for Bevin’s life-changing com- der. harming someone. talk to Hogge and another woman
mutation. His mass commutation of drug That the commutations list Bev- in custody, she was told about Bev-
Instead, only 16 inmates of color sentences is more than the total in received did not automatically in’s commutation order.
were included in the commutation commutations issued by nine of exclude people because of their Hogge sat there, speechless. She
order. the 10 previous governors com- risk assessment score shows that hadn’t known she was on the list
The Courier Journal’s analysis bined. corrections staff were exercising sent to the governor, or that having
shows that while 8% of a potential Only former Gov. Paul Patton, a their judgment in selecting in- her sentence commuted was an op-
pool of white drug offenders re- Democrat, issued more, commut- mates, said Ed Monahan, former tion.
ceived a commutation, only 1.6% of ing the sentences of 883 inmates in head of the state’s Department of She barely knew Bevin’s name.
a potential pool of minority drug December 2002 because of state Public Advocacy. About 24 hours later, she walked
offenders got a similar break. budget constraints. “That’s the kind of thing I hope out of jail a free woman.
Bevin’s request was for inmates Crystal Staley, a spokeswoman they would have done to see about
serving sentences solely for drug for Gov. Andy Beshear’s admini- any racial bias,” he added. See COMMUTATIONS, Page 7K
 E1 COURIERJOURNAL.COM ❚ SUNDAY, DECEMBER 22, 2019 ❚ 3K

SPECIAL REPORT BEVIN’S PARTING PARDONS

Gov. Matt Bevin, seen in 2018, issued hundreds of pardons and commutations during his final 13 days as Kentucky’s governor. MATT STONE/COURIER JOURNAL

As the clock ticked, Bevin

rushed to issue pardons
Joseph Gerth Louisville Courier Journal | USA TODAY NETWORK

Two days before Thanksgiving and just two weeks before his term would end, former Gov. Matt
Bevin held a conference call with three key aides to talk about letting convicted felons go
free. ❚ The meeting with Justice Secretary John Tilley, Public Advocate Damon Preston and Cor-
rections Commissioner Kathleen Kenney had been arranged to discuss commuting the sentences
of fewer than 100 nonviolent offenders in Kentucky’s prison system who were nearing the end of
their sentences. ❚ By the time the meeting wrapped late that afternoon, Bevin had ordered his
Justice Cabinet to come up with another list of felons, convicted on drug possession charges, who
might be good candidates for early release, as well.

That’s when Preston took his But Bevin’s rushed decisions on freed commit a heinous crime — Then-Gov. Matt Bevin with Eric Baker, right, during a
shot. such weighty issues — often made will be what people remember. 2018 fundraiser at the Baker home in Corbin.
“It’s not every day that you get to without input from prosecutors The Courier Journal interviewed COURTESY TRENT KNUCKLES/THE NEWS JOURNAL
talk to the governor, so I spoke up and victims — has raised questions more than four dozen people, some
and said, ‘Are you also open to other in Kentucky about a governor’s vir- of whom asked not to be identified
pardons for our clients who think tually unrestricted power to par- for fear of losing their jobs, and re- Little did Preston know, Bevin
they have grounds for relief?’” Pres- don criminals. viewed 250 pardons and piles of had been for months, even years,
ton said in an interview Tuesday. He’s been criticized by Republi- emails, memos and other docu- looking into several cases around
Bevin gave Preston the answer cans and Democrats alike who ments in an attempt to re-create the state for convicts he could par-
he was hoping to hear, agreeing to have called for state and federal Bevin’s hectic last days in office. don.
take a look at his recommenda- investigations of Bevin’s pardon- “He had made clear that this was When felons filed pardon re-
tions. ing spree, while others demand a a high priority for him,” said Pres- quests, he insisted on reviewing
That meeting and Bevin’s re- constitutional amendment to rein ton, a career public defender who Patrick Baker them personally.
sponse to Preston’s question kicked in what they see as an out-of-con- Bevin tapped in 2017 to head the was recently At some point in his term, it’s un-
off a 13-day frenzy during which trol executive. state agency that defends people pardoned by clear when, he assigned an investi-
lawyers and state bureaucrats Bevin has been largely left accused of crimes who can’t afford former Gov. gator working for him to dig into
scrambled to put together lists of alone, without support from his to pay an attorney. Matt Bevin. cases in which he believed people
people who might be commuted or former staff, to defend the pardons. “He clearly had a personal inter- SAM UPSHAW JR./ behind bars were actually the vic-
pardoned. It also led to Bevin work- When people look back on the Bev- est in this and he implied that he COURIER JOURNAL tims of a criminal justice system
ing holidays, weekends and late in administration years from now, would be working through Thanks- run amok.
into the night to free as many peo- it’s likely his last-minute pardons giving weekend, and his staff as
ple as he could. — especially if any of the felons he well,” Preston said. See BEVIN, Page 8K

Bevin challenged us to ‘dig deep,’ so we did

Richard A. Green tions for nearly 675 inmates in the somebody to shine the light of truth That helped us be the first to re-
Editor commonwealth’s prison system. and objectivity into these cases in a veal one of Bevin’s most startling
Louisville Courier Journal Many of the moves had triggered way that has not been there.” I am not sure decisions: Pardoning Patrick Baker
USA TODAY NETWORK alarm by victims’ families or out- The Courier Journal certainly where this two years into his 19-year sentence
rage from prosecutors and law en- didn’t need Bevin’s encouragement story will go. for killing Donald Mills in a Knox
forcement. or the incentive of a bright, shiny Nor is anyone County home invasion and robbery.
Joe Sonka’s buzzing phone inter- Bevin didn’t back down. award to dig into Bevin’s pardons certain how What made it even more inter-
rupted dinner with his wife on Sat- And on the phone that night, the and commutations. Or, as Robert history will esting: Patrick Baker’s brother, Eric,
urday night, Dec. 14. one-term governor challenged Son- Stivers, Kentucky’s Senate majority remember this held a July 26, 2018, campaign
The number was blocked. But ka: leader, described them, “a travesty final chapter of fundraiser for Bevin at his Corbin
Sonka, a Courier Journal political “Pick the two or three or five that and perversion of justice.” Bevin’s home that raised $21,500.
reporter, answered and instantly you find to be the most sensational Shortly after Andy Beshear suc- tempestuous The collision of political influ-
recognized who was on the line. and dig deep, deep, deep into them. ceeded Bevin as Kentucky’s gover- term in office. ence, campaign contributions, par-
It was Kentucky’s former gover- And if it’s done right, I’m telling you, nor, we began asking questions of tisan relationships and pardons has
nor, Matt Bevin. you could win a Pulitzer Prize,” Bev- sources and reviewing public rec- been at the heart of The Courier
Over the next 50 minutes, Bevin in said. ords, political donations and emails Journal’s coverage these past two
defended himself and his decisions “These cases are literally being exchanged between Bevin and ad-
in signing pardons or commuta- served up as an opportunity for ministration officials. See GREEN, Page 8K
4K ❚ SUNDAY, DECEMBER 22, 2019 ❚ COURIER JOURNAL E1

SPECIAL REPORT BEVIN’S PARTING PARDONS

Tim Robinson, CEO of Addiction Recovery Care, spoke in March at an event in Somerset recognizing the work of his treatment centers as former Kentucky Gov. Matt
Bevin, right, and U.S. Rep. Hal Rogers looked on. “I’m thrilled that some of our employees were deserving of” pardons, Robinson said more recently. OPERATION UNITE

Recovery center
boss helped staff
receive pardons
Deborah Yetter Louisville Courier Journal | USA TODAY NETWORK

About 20 employees of a network of drug and alcohol treatment centers based in Eastern Ken-
tucky are among more than 250 people who won pardons from former Gov. Matt Bevin in the final
days of his administration. ❚ Eight employees were from the tiny town of Louisa — population
2,400 — where Addiction Recovery Care is based. All received pardons for convictions related to Kayla Parsons of Louisa points to her image on a
past drug or alcohol use, said company founder Tim Robinson, a Bevin supporter and do- billboard promoting treatment. She was among the
pardoned ARC workers. ADDICTION RECOVERY CARE
nor. ❚ Though some of Bevin’s pardons have been controversial, because he granted them in
cases that involve violent crimes or because of alleged outside influence, Robinson said he sees
degree and completely wipe it
no such problems with those granted to his employees who have overcome substance abuse. clean, it opens up a whole new
Parsons, who
was assigned world of possibilities,” she said.
to help Bevin’s pardon said Parsons, a
“I’m thrilled that some of our lost his bid for reelection. Robinson said he didn’t discuss coordinate the married mother of two, “is a natural
employees were deserving of About 19 or 20 of about 26 em- the pardons with Bevin. flow of leader and has turned away from
them,” he said. “I don’t know the ployees who applied won pardons, Bevin — who cited treatment for applications, her previous life of addiction and
details on some of the other ones at he said. And, while he was glad to substance abuse as a priority dur- said she had criminal activity. She is a great
the heart of the controversy.” help, he doesn’t believe he had spe- ing his term as governor — had vis- not previously wife, mother, employee and com-
In an interview with The Couri- cial influence with Bevin although ited one of Robinson’s centers and considered munity citizen.”
er Journal last week, Bevin de- he has supported him and made attended an event in March where seeking a Such pardons are critical, Par-
fended his pardons and claimed he about $10,000 in donations to the ARC was recognized by the federal pardon for sons said, to people in recovery
had personally researched all of ex-governor, according to state government for helping people in herself but seeking employment. Though ARC
them. campaign finance records. recovery find employment. decided to do was willing to hire her, many other
Robinson, the CEO of the com- “I don’t think the fact that I gave Kayla Parsons, 32, Robinson’s so when employers in the area were not — a
pany known as ARC, wrote a letter him a little bit of money somehow deputy chief of staff, was among Robinson barrier, Parsons said, that individ-
on behalf of each employee who influenced him,” Robinson said. “I those who won pardons and said raised the uals with a criminal record face
qualified for a pardon, and his staff think a lot of them would have got the news left her in tears. “To know possibility. constantly.
helped them assemble and submit pardoned whether I wrote a letter that the governor of Kentucky can
applications in the days after Bevin or not.” recognize that I’ve changed to this See RECOVERY, Page 6K

Why Bevin handed out pardons for 250 criminals

Chris Kenning, Matt Mencarini convicted of manslaughter and and growing pot. ative impacts of others, not the
and Jonathan Bullington other charges in 2008 during a rob- What reporters found were sev- least of whom is Daniel’s son
Louisville Courier Journal bery in which a man was strangled eral recurring themes in Bevin’s or- “No greater Chase. With the expectation that
USA TODAY NETWORK to death with an electric cord. Carr ders, including alleged court injus- degree of Mr. Grubb will live his life as a mod-
has said her false confession was tices, forgiveness for poor deci- justice or el citizen in a way that will bring
Some came with short, by-the- coerced. sion-making, recognition of of- rehabilitation honor to his family and to the mem-
book rationales from former Gov. Several of the more than 250 fenders with strong family ties and will be gained ory of his friend, Jeremy Johnson.”
Matt Bevin, or no written reason at pardons Bevin issued as he left of- redemption through service to by extending Bevin’s explanations refer to
all. fice have sparked an outcry for tak- communities. Daniel Grubb’s criminals becoming good hus-
Other pardons included longer ing the side of murderers and child “Drugs, alcohol and a tragic ac- time in prison. bands, wives, mothers, fathers,
narratives, or conditions with rapists over the justice system that cident resulted in the death of one There will, employees or citizens in his pardon
questionable enforceability, such convicted them. Other pardons friend perpetrated by another. however, be orders, like in the case Jonathan
as requiring a man to spend 20 have been linked to political Daniel Grubb made a series of bad negative Morris, whom he pardoned for sev-
years talking in schools about a supporters. decisions that forever altered the impacts of eral theft convictions.
drunken-driving death. Many have been mystified why lives of many people in a negative others, not the “Since leaving a life of addiction
Still more were infused with reli- Bevin made those decisions, even way,” Bevin wrote in the order that least of whom years ago, Jonathan Morris has
gious language, including praising as he has defended them. pardoned Grubb, who had been is Daniel’s son done all that society has asked of
one offender as having become a The Courier Journal analyzed convicted of murder and tamper- Chase.” him,” Bevin wrote. “He is a loving
“God-fearing” citizen, a reflection each of the 244 narratives Bevin ing with physical evidence in 2010. husband and father and a dedicat-
Former Gov.
of Bevin’s beliefs as a devout Chris- wrote justifying his pardons, offer- “No greater degree of justice or ed, hard-working business owner
Matt Bevin
tian. ing a glimpse into his rationale in rehabilitation will be gained by ex- in the the pardon and tax-payer.”
“God clearly has His hand on cases that ranged from sodomy tending Daniel Grubb’s time in of Daniel Grubb
her,” Bevin wrote of Johnetta Carr, and murder to stealing copper wire prison. There will, however, be neg- See WHY, Page 7K
 E1 COURIERJOURNAL.COM ❚ SUNDAY, DECEMBER 22, 2019 ❚ 5K

SPECIAL REPORT BEVIN’S PARTING PARDONS

productive member of society and

encourage him to use his life expe-
What rience to educate and help others.”
people Daniel Grubb
are saying
Background:
“The way in Pleaded guilty in
which these 2010 in Knox
things have County to the
gone down murder of Jere-
has been a my Johnson and
remarkable to multiple counts of tampering
miscarriage with physical evidence. According
of justice. to news accounts, Grubb claimed
There is little both were drunk when he threw a
that can be cinder block at Johnson, and after
done given finding his body the next day, pan-
the existing icked and enlisted a friend to bury
criminal justice the body. He was sentenced to life
system to undo in prison.
that which is Bevin’s pardon: “No greater
wrong. ” degree of justice or rehabilitation
Former Gov. Matt Bevin sits next to former Louisville Mayor Jerry Abramson during Gov. Andy Beshear’s will be gained by extending Daniel
inauguration. Bevin pardoned hundreds in his final weeks in office. MATT STONE/COURIER JOURNAL Former Grubb’s time in prison. There will,
Kentucky Gov. however, be negative impacts of
Matt Bevin

A dozen of Bevin’s
interview with
others, not the least of whom is
The Courier Journal Daniel’s son Chase.”
on Dec. 14
Michael Hardy
“Honestly,

most contentious
I don’t approve. Background:
It seems to Convicted of
me it was wanton murder
completely and other crimes
inappropriate.” for killing Jere-

pardons explained
my Pryor in a car
U.S. Senate crash in 2014 in Warren County.
Majority Alan Simpson, an attorney for the
Leader Mitch victim’s family, said that Hardy
McConnell was “blackout drunk” and driving
speaking with
reporters in at speeds in excess of 90 mph
Frankfort on Dec. 13 when he crashed into the rear of
Ben Tobin Louisville Courier Journal | USA TODAY NETWORK Pryor’s vehicle. Hardy was sen-
tenced to 20 years in prison.
“It’s been a
Bevin’s pardon: “Michael Har-
long journey,
Since The Courier Journal first reported on Dec. 11 that former Kentucky Gov. Matt Bevin issued it’s been
dy will arise each day for the rest
of his life with a debt that he can-
hundreds of pardons and commutations in his final weeks in office, many across the common- rough. The
not possibly repay. Every day he
pardon was
wealth and nation have expressed alarm and outrage. ❚ The Courier Journal is continuing to never paid for
will remember how his actions re-
sulted directly in the death of an
review each of the former governor’s pardons. Here are 12 of the most controversial pardons by my family.
innocent man. I do not believe
... You’re more
and commutations we’ve come across so far. ❚ If you have additional information about these than welcome
that society, as a whole, or the
memory of Jeremy Pryor more
pardons or others, please contact our political reporters Joe Sonka (jsonka@courier- to look into
specifically, will be best served by
that.”
journal.com) and/or Phillip Bailey ([email protected]). the continued incarceration of
Pardon Mr. Hardy.”
recipient
Patrick Baker Bevin’s pardon: “Given the in- this point in time he has repeated- Patrick Baker Elizabeth
press conference
ability or unwillingness of the ly squandered that potential. in Lexington on
Stakelbeck
Background: state to use existing DNA evidence Nonetheless, he has, in recent Dec. 17
Convicted of to either affirm or disprove this months, made an effort to turn his Background:
reckless homi- conviction, I hereby pardon Mr. life around.” Pleaded guilty in
cide and other Partin for this crime and encour- “This reeks 2013 to criminal
crimes in a 2014 age the state to make every effort Irvin Edge of political solicitation of
Knox County to bring final justice for the victim favoritism. murder and two
home invasion. He was sentenced and her family.” Background: Convicted of We can’t have counts of drug trafficking for offer-
to 19 years in prison in 2017. His murder and solicitation to murder that. People ing prescription pills to an under-
brother and sister-in-law raised Dayton Jones for hiring a hit man to kill his busi- need to trust cover FBI agent in exchange for
$21,500 at a political fundraiser ness partner in 1991 in Daviess our system of killing Matt Vaughn — the father of
last year to retire debt from Bevin’s Background: County. According to court rec- government her child — and his wife, Morgan.
2015 gubernatorial campaign. And Pleaded guilty in ords, the killer came to victim and our She was sentenced to 15 years in
they also gave $4,000 to Bevin’s 2016 to sodomiz- Charles Westerfield’s door, asked officials are prison in 2014 and released in
campaign on the day of the fund- ing a passed-out to see him, and then shot and doing the 2016. Bevin’s sister, Lydia Parks,
raiser, according to the Kentucky drunk 15-year- killed him in front of his family right thing.” testified on behalf of Stakelbeck
Registry of Election Finance data- old boy in Hop- members. He was sentenced to Kentucky during 2015 adoption proceedings
base. Baker and his lawyer main- kinsville so violently with a sex toy life, and in 2004, the parole board Senate that ultimately terminated her pa-
tain his innocence. that his bowel was perforated. ordered him to serve out that sen- Minority rental rights. Leland Hulbert, a
Bevin’s pardon: “The evidence Jones was sentenced to 15 years in tence. Leader Morgan former assistant commonwealth’s
supporting his conviction is prison. According to court records, Bevin’s pardon: “I, Matthew G. McGarvey attorney who prosecuted the case
sketchy at best. I am not convinced while the case was pending, Jones’ Bevin, Governor of the Common- press conference in against Stakelbeck, told The Cou-
Frankfort on Dec. 13
that justice has been served on the family offered as much as wealth of Kentucky, in considera- rier Journal that Bevin’s wife,
death of Donald Mills, nor am I $500,000 to the victim’s family in tion of the foregoing, and by the Glenna, is also a friend and “ap-
convinced that the evidence has a civil settlement if they would virtue of the authority vested in “We’ll have parently” attended at least one
proven the involvement of Patrick support a conviction not requiring me by Sections 77, 145 and 150 of occasions to hearing.
Baker as a murderer.” Jones to register for life as a sex of- the Constitution of the Common- look over the Bevin’s pardon: “On the com-
fender. The judge and the special wealth of Kentucky, do hereby materials on a pelling testimony of Elizabeth Sta-
Micah prosecutor rejected the deal. commute the sentence of Irvin whole host of kelbeck’s friends and family, and
Schoettle Bevin’s pardon: “I, Matthew G. Edge to time served.” topics, and her stated desire for a fresh start in
Bevin, Governor of the Common- it’s obviously life, I am granting her the pardon
Background: wealth of Kentucky, in considera- Blake Walker something she had requested.”
Convicted last tion of the foregoing, and by the we’ll look at.”
year of raping a virtue of the authority vested in Background: Convicted in Brett
Attorney
9-year-old in me by Sections 77, 145 and 150 of 2003 in Adair County of killing his Whittaker
General Daniel
Kenton County the Constitution of the Common- parents and leaving their bodies in
Cameron
and sentenced to 23 years in pris- wealth of Kentucky, do hereby a basement. He was 16 at the time. interview with Background:
on. Kenton County Common- commute the sentence of Dayton Walker’s lawyer, Vince Aprile, said The Courier Journal Pleaded guilty in
on Dec. 17
wealth’s Attorney Rob Sanders, Ross Jones to time served.” Walker’s surviving family, includ- 2011 in the
who prosecuted Schoettle, has ing his grandmothers, “believe deaths of a pas-
called the pardon an “irresponsi- Christian that he has grown into a responsi- “Bevin should tor and his wife
ble manipulation of the justice Moffett ble, mature man” and has been be ashamed in a car collision while driving un-
system.” sufficiently punished by the nearly of himself / der the influence the year before in
Bevin’s pardon: “Micah Background: 17 years he has served in prison. how can he go Lincoln County. Whittaker, who
Schoettle was tried and convicted Pleaded guilty in Bevin’s pardon: “Blake Walker sleep & feel was on shock probation at the time
of a heinous crime based only on Jefferson County is blessed by a loving and forgiving good about for second-degree assault in 2006,
testimony that was not supported Circuit Court in family and it is this alone that tips himself? This was sentenced to 20 years in pris-
by any physical evidence. In fact, April 2019 to the delicate balance in the direc- is a disgrace!” on for murder. He had 30 disciplin-
any and all evidence that is avail- charges of drug trafficking, receiv- tion of his request.” ary violations in prison, including
able refutes the allegations that ing stolen firearms, drug para- ESPN five in 2019.
were made. This case was investi- phernalia, burglary and being a Kurt Smith commentator Bevin’s pardon: “Brett Whitta-
gated and prosecuted in a manner convicted felon in possession of a Dick Vitale ker has utilized the past nine years
tweet published
that was sloppy at best. I do not firearm. He was sentenced to serve Background: Convicted in on Dec. 13 in prison to transform his life spiri-
believe that the charges against 10 years in prison, but in August, 2002 of the murder of his 6-week- tually, emotionally and psycholog-
Mr. Schoettle are true.” he was granted shock probation old son, Blake, whose brain was so ically. In this regard, he embodies
“Matt Bevin
and placed on five years’ super- swollen that the seams between the best of what society would
can rot in hell.”
Delmar Partin vised probation. Christian is the the bones in his skull were pushed hope for prison to do for an inmate.
son of Phillip Moffett, a former half an inch apart, a state medical Melinda Mills, He is a new man ready to return to
Background: Convicted in state representative who de- examiner testified. He was 17 at the older sister his community.”
Knox County in 1994 of murdering fended Bevin on numerous occa- time and sentenced to life in pris- of murder Contact Ben Tobin at
co-worker Betty Carnes. He was sions and contributed to his on. victim of [email protected] and 502-
found to have strangled and beat campaign. Bevin’s pardon: “I hereby com- Patrick Baker 582-4181 or follow on Twitter
Carnes, before beheading her and Bevin’s pardon: “Christian mute his sentence to time served interview with @TobinBen. Support strong local
The Courier Journal
stuffing her corpse into a barrel. Moffett is a young man with ex- and pardon him for his actions. I on Dec. 14 journalism by subscribing today:
He was sentenced to life in prison. traordinary potential in life. Up to am confident that he will become a subscribe.courier-journal.com.
6K ❚ SUNDAY, DECEMBER 22, 2019 ❚ COURIER JOURNAL E1

SPECIAL REPORT BEVIN’S PARTING PARDONS

The front page of the Dec. 13,

2019, edition of The Courier
Journal has a story on relatives
angry about Bevin’s pardon of a
convicted murderer.

young man with multiple drug and

gun felonies who is the son of the
governor’s former political ally in
the state legislature. Bevin respon-
ds with a 20-tweet defense of him-
self and lashes out at his critics.
Dec. 15: After Bevin’s late-night
call to a reporter, The Courier Jour-
nal publishes a story detailing why
On Dec. 13, state legislators called for state and federal investigations into the pardons issued by former Gov. Matt Bevin. Bevin believed some of the most
COURIER JOURNAL FILE PHOTOS controversial individuals convicted
of killing or sexually assaulting chil-
dren were innocent. Bevin said he

How controversy
would welcome a federal investiga-
tion of his pardons.
Dec. 16: The Courier Journal re-
Support ports that Kentucky Justice and
Public Safety Secretary John Tilley
more local

ignited state in
objected to several of the most con-
journalism troversial pardons of violent con-
victs in Bevin’s final days, but the
The Courier governor signed them anyway. Bak-
Journal relies er’s attorney suggests that corrupt
state police detectives framed him.

wake of pardons
on the support
of its subscrib- Dec. 17: The Courier Journal re-
ers to produce ports that Terry Forcht, a prolific
investigative political donor who has given over
reporting about $1 million to Republican campaigns
stories that over the past decade, lobbied Bevin
matter to you. to pardon Baker and that Denny
Butler — the state official investi-
Joe Sonka Louisville Courier Journal | USA TODAY NETWORK
If you aren’t gating the Baker case at the behest
already a of the governor — advised Bevin
subscriber, go that while he believed Baker was
to courier-
Former Gov. Matt Bevin’s decision to pardon and commute hundreds of criminals’ convictions innocent, a pardon would not be
journal.com/ appropriate without further inves-
and sentences in his last days in office has spurred widespread criticism and condemnation from subscribe for tigation. Baker proclaimed his in-
three months
legislators, prosecutors and victims’ families. nocence at a press conference and
of digital access dismissed allegations that his par-
for $3 and to don was purchased with his fam-
Here’s a timeline of events: Dec. 12: The Courier Journal re- see rates for ily’s political fundraising efforts.
Nov. 5, 2019: Bevin loses his re- ports how the family of Donald print delivery. Dec. 19: Kenton County Com-
election bid to Democratic rival An- Mills — the man Baker was convict- monwealth’s Attorney Rob Sand-
dy Beshear by slightly more than ed of killing — lashed out at Bevin ers, who prosecuted Schoettle, an-
5,000 votes but refuses to concede over the pardon, while two state nounced that he had begun an in-
and calls for a recanvass of the legislators called for a special pros- vestigation into Bevin’s pardon of
vote. ecutor to investigate the pardon the man convicted of raping a 9-
Nov. 14: Bevin concedes defeat. and amend the state constitution year-old girl. Bevin says on the Ter-
Dec. 10: Gov. Andy Beshear is to limit a governor’s pardon powers ry Meiners WHAS radio show that
sworn into office shortly after mid- near the end of a term. Schoettle’s victim couldn’t have
night. The Courier Journal also wrote been raped because her hymen was
Dec. 11: Hundreds of pardons about how Bevin commuted the re- intact. Medical experts and advo-
and commutations signed by Bevin maining sentences of 336 people cates dismiss Bevin’s claim as
begin to be posted on the Kentucky convicted of drug-related felonies. ignorant.
Secretary of State’s website, Dec. 13: State legislators call for Dec. 20: The Courier Journal re-
prompting The Courier Journal to state and federal investigations ports that Bevin’s former Kentucky
publish a story detailing the par- into the pardons. Senate Majority State Police Commissioner Rick
don of Patrick Baker, a convicted The front page of the Dec.12, Leader Mitch McConnell slammed Sanders said the governor asked
killer whose family hosted a cam- 2019, edition of The Courier the pardons as “completely him to investigate Baker’s convic-
paign fundraiser for Bevin, and Mi- Journal details Bevin’s inappropriate.” The Courier Jour- tion and he reported that Baker was
cah Schoettle, convicted a year ear- controversial pardon of nal publishes a story on Bevin’s guilty “without a doubt.” Bevin par-
lier for raping a 9-year-old girl. convicted murderer Patrick Baker. pardon of Christian Moffett, a doned him anyway.

Recovery Smith, 55, a nurse, said she never

dreamed of having her 2013 con-
hold public office and own a gun.
As the
inson said.
Parsons, who was assigned to
viction for illegal possession of ‘That means the world to me’ help coordinate the flow of applica-
Continued from Page 4K opioid pain pills erased. Smith said word spread ... tions, said she had not previously
her dependence on pain pills de- Shortly after the Nov. 5 election, some became considered seeking a pardon for
“I’m now in the CEO’s office in veloped after a series of setbacks Robinson, who has a law degree, tearful, herself but decided to do so when
leadership, yet I couldn’t get a job including major surgery, an injury said he realized Bevin would likely including a Robinson raised the possibility.
flipping burgers or making tacos,” at work and the murder of her be open to granting pardons before mother who “My immediate response to Tim
Parsons said. brother. he left office on Dec. 9. previously had was, ‘I want on that list,’ ” she said.
Robinson said his statewide After losing her nursing license So, on Nov. 15, Robinson sent been unable Parsons said ARC got about 40
network of treatment programs and being arrested, Smith said she out an email to all 625 of ARC’s em- to accompany inquiries from employees, with
employs about 625 people. About got help through Karen’s Place and ployees statewide, offering to help her children around 26 submitting applica-
half of them are in recovery and has been sober since March 14, anyone with a conviction who had on school trips tions.
about 200 have graduated from 2013. achieved sobriety for at least three because she As the word spread among staff
one of ARC’s treatment programs. Smith said she eventually was years fill out a pardon application couldn’t pass who received them, some became
Many of those in recovery have able regain her nursing license and and submit it to the governor’s of- a required tearful, including a mother who
convictions related to their drug or find a job she loves helping others fice. Robinson said he agreed to background previously had been unable to ac-
alcohol use, he said. recover from substance abuse. write a letter for each applicant but check. “She company her children on school
A graduate of an ARC treatment Then Robinson called her to tell her it was up to them to collect at least was in tears,” trips because she couldn’t pass a
program, Parsons said she got a Bevin had granted her pardon. two other letters of support and Parsons said. required background check.
pardon for a 2013 methamphet- “This has just been a really great other required material. “She worked “She was in tears. She worked so
amine conviction. Her drug use be- year,” Smith said. “When I thought Employees had three days to re- so hard to get hard to get custody of her children
gan as a young adult to ease the it couldn’t get any better, he calls spond. Robinson said he asked custody of her back,” Parsons said. “There were a
trauma of a sexual assault she ex- and tells me that.” some of his lawyers who work for children back. lot of things she can’t do and now
perienced after high school and es- Bevin’s pardon said Smith’s ARC to help employees with the There were she can.”
calated into 10 years of abuse of “journey back to sobriety and re- applications. As an alcoholic who a lot of things For Parsons, it’s another step to-
drugs including narcotic painkill- sponsibility is impressive and has been sober for 13 years, Robin- she can’t do ward rebuilding her own pride as
ers, heroin and methamphet- serves as a great example for oth- son said he wants to encourage and now s well as that of her family’s.
amine, Parsons said. ers to follow.” others to maintain sobriety and he can.” “For so long, I was a source of
“It numbed the emotional pain,” The pardon makes something succeed. Pardons are important to shame and worry for them,” she
she said. else possible. help people with careers but also said. “Today, I can be a source of
She found help in 2016 through “I do want to vote,” Smith said. for their self-esteem, he said. pride. When I’m in the newspaper
Karen’s Place in Louisa, an ARC “I would be very happy to vote.” “I’ve heard some of the folks say, today, it’s not because I got arrest-
residential program, and has been A pardon removes any remain- ‘The fact that the governor read my ed.”
sober since Aug. 11 of that year, Par- ing prison sentence or obligation story and read my applications and Deborah Yetter: dyetter@
sons said. and restores civil rights, including said I deserve a second chance, courier-journal.com or 502-582-
Another ARC employee, Loretta the right to vote, serve on a jury, that means the world to me,’” Rob- 4228.
 E1 COURIERJOURNAL.COM ❚ SUNDAY, DECEMBER 22, 2019 ❚ 7K

SPECIAL REPORT BEVIN’S PARTING PARDONS

Why Medical experts dismissed that as

ignorant.
Some included lines that left
Continued from Page 4K questions about whether they
could be enforced, or what prompt-
‘Saved by God’s grace’ ed them.
In the case of Max Sterling, con-
Some of Bevin’s pardon orders victed of criminal littering, harass-
touched on religious themes, either ment and possession of marijuana,
overtly or more subtly. the governor included a line, that
He mentioned God specifically read, “I encourage Max to slow
in seven orders, including in the down and buckle-up while driving
pardon for Toderick Moore, who (Seriously!).”
was convicted in 1993 on three In the case of Michael Hardy,
murder charges. convicted of wanton murder in the
“Toderick Moore is a new man. 2014 drunken-driving death of Jer-
Saved by God’s grace, he has cho- emy Pryor, Bevin issued a condi-
sen to chart a new course over the tional pardon.
past 25 years, both inside and out- “He must refrain from any con-
side of prison,” Bevin wrote. “His sumption of alcohol,” and “share
life story and strong testimony his story and the name of Jeremy
serve as a powerful example for Pryor in schools, churches and oth-
others seeking to break the cycle of er gatherings no less than six times
wayward living.” per year for at least the next 20
Anthony Cash, pardoned of years.”
drug, assault and other charges, In a statement, Alan Simpson,
had been “transformed by this faith an attorney for the victim’s family,
in Christ,” Bevin wrote. said Bevin’s action “screams of ei-
He encouraged another man “to ther a complete lack of empathy for
pursue his interest in prison minis- In the pardon for Toderick Moore of Louisville, then-Gov. Matt Bevin says Moore has been other human beings, willful igno-
try,” and lauded yet another for be- “saved by God’s grace.” Redemption is a recurring theme in several of Bevin’s pardons. rance to the truth or outright cor-
ing a good father, husband and COURIER JOURNAL ruption.”
church deacon.
Such language is not uncom- No explanation given
mon, said Rachel Barkow, a law family and it is this alone that tips
professor who studies criminal jus- the delicate balance in the direc- While Kentucky’s constitution
tice at New York University. She tion of his request; and Blake Walk- requires a governor to include a
said former Arkansas Gov. Mike er committed a crime for which “statement of the reasons for his
Huckabee and Tim Kaine of Vir- only God can provide true forgive- decision” to grant a pardon, nine of
ginia also referenced their religious ness. the pardon orders had no explana-
views in pardons. “Even so, with the authority tion from Bevin on his decision.
“There’s a long history of gover- granted to be by the Kentucky Con- That included the pardons for
nors being motivated by religious stitution, I hereby commute his Dayton Jones, convicted in 2016 on
reasons and a belief in redemption sentence and pardon him so that sodomy and other charges, and
and second chances,” she said. he can proceed with his life, unre- Marie Minix, who was convicted in
But those who think that the stricted in his efforts to serve the 2014 on a reckless homicide
power of pardons have their basis world and the needs of others in a charge.
in Christian doctrine are mistaken, way that would best honor the lives That doesn’t necessarily mean
other experts say. and life work of his mother and fa- those orders are invalid, Weisberg
Robert Weisberg, a law profes- ther.” said.
sor and faculty co-director of Stan- Robert Peterson, Walker’s uncle, “Sure, (those orders) seem to be
ford University’s Criminal Justice said it was clear when Bevin called in violation of the Constitution, but
Center, who reviewed some of the him several days before the pardon who’s going to complain?” Weisb-
pardons, said Bevin “uses a lot of that he had read the application erg asked. “It’s not as if the legisla-
religious language here and proba- thoroughly. He was surprised that ture had the power to stop a par-
bly thinks that’s the core of par- Walker got a full pardon, since they don.”
doning: Christian forgiveness. had only applied for a commuta- There have been examples of
“It’s not. It traces back to the tion. court challenges to executive par-
power of the sovereign to do what- “He believed that people should dons, Weisberg said. In 2017, a fed-
ever the sovereign wants to do.” have second chances. And that’s eral judge in Arizona refused to
very strongly based in his faith,” erase her guilty verdict against Joe
‘A fine and delicate balance’ Peterson said. Arpaio, despite the former Marico-
pa County sheriff having received a
Some of Bevin’s narratives re- ‘This was not a murder’ pardon from President Donald
flected what appeared to be a gov- Trump.
ernor wrestling with a particular Bevin in some cases cited what In the case of Bevin’s pardons, a
case. he alleged were miscarriages of judge or prison administrator could
That included the case of Blake justice, including in the case of always refuse to obey the orders,
Walker, convicted in 2003 in Adair William Hayes, convicted in 1994 of Bevin in some cases cited what he alleged were Weisberg said, setting up a legal
County of killing his parents and a burglary and robbery charges in miscarriages of justice. MATT STONE/COURIER JOURNAL challenge from the order’s recipi-
leaving their bodies in a basement. Nelson County. ent.
Walker was 16 at the time. “Having reviewed the criminal But, Weisberg added, some of
While an Adair County prosecu- history of William V. Hayes, I am was the pardon of Micah Schoettle, the language Bevin used in writing
tor on the case said he was “dis- not convinced he was justly treated sentenced to 23 years in prison in his last-minute flurry of pardons
“Sure, (those
gusted” by the pardon, Walker’s by the criminal justice system. I am 2018 after he was convicted of rape, was “so loopy, so absurd, so free-
orders) seem
family say they believe he had convinced, however, that he has incest and sodomy of a 9-year-old form … I think a court would say we
to be in
grown into a responsible man and fully paid any debt that he owes to girl. don’t have any parameters to judge
violation of the
was sufficiently punished by near- society for any involvement he may “Micah Schoettle was tried and an adequate explanation.
Constitution,
ly 17 years in prison. have had in a crime that occurred convicted of a heinous crime based “My main reaction was, ‘Wow,
but who’s
“It is not possible for me to cap- 25 years ago,” he wrote. only on testimony that was not some of them are out to lunch.’”
going to
ture my full thought process as I Another was the case of Justin supported by any physical evi- Reporter Chris Kenning can be
complain? It’s
have weighed the decision,” Bevin Wibbels, convicted of wanton mur- dence. In fact, any and all evidence reached at [email protected]
not as if the
wrote, citing “a fine and delicate der in Laurel County in 2015. Jerry that is available, refutes the allega- or 502-582-4307.
legislature had
balance between justice and mer- Thompson was killed in 2014 when tions that were made. This case Matt Mencarini: 502-582-4221;
the power to
cy, between a sentence that serves his vehicle was struck by a car was investigated and prosecuted in [email protected];
stop a pardon.”
a purpose for everyone and a sen- driven by Wibbels. He was sen- a manner that was sloppy at best,” Twitter: @MattMencarini.
tence that does not serve a purpose tenced to 20 years in prison. Bevin wrote. Jonathan Bullington can be
Robert
for anyone.” Bevin wrote it was a “tragic acci- Bevin later told a radio host that reached at 502-582-4241;
Weisberg
He went on, “Blake Walker is dent. … This was not a murder.” that girl couldn’t have been raped law professor, [email protected];
blessed by a loving and forgiving One of the most controversial because her hymen was intact. Stanford University Twitter: @jrbullington.

Commutations vocacy director with the American

Civil Liberies Union of Kentucky. “It
“I had been
asked other state law enforcement
agencies to voluntarily collect such
is within every element of our jus- information to raise that issue.
Continued from Page 2K gether. “I hit the lottery,” she said. tice system — this deep and pro- sitting and “I’ve made disproportionate mi-
found unfairness.” praying every nority contact and the racial dis-
“I had been sitting and praying Larger disparities in Kentucky Though African Americans day to just get parity in the system a core belief
every day to just get one more make up 8% of Kentucky’s resi- one more that we have to address those obvi-
chance,” she said by phone Thurs- Advocates say Hogge’s story il- dents, they comprise 20% of the chance. All I ous disparities in our system,” Til-
day. “All I could think of was I get to lustrates why the racial imbalance state’s prison population, state da- could think of ley said.
start a new year and a new life. I’m of Bevin’s mass commutation ta shows. An estimated one in four was I get to A spokeswoman for Gov. Be-
truly grateful for it.” should not deter future governors black men cannot vote because of a start a new shear’s office did not respond to
The last few days have been a from releasing large numbers of past felony conviction, though that year and a new questions about whether the gover-
blur. Hogge has had pizza with her nonviolent inmates who don’t need ratio likely will change with Be- life. I’m truly nor would take steps to avoid future
ex-husband and her sons, gone to to be incarcerated. shear’s executive order restoring grateful for it.” racial disparity in executive orders
visit her mother, with whom she’ll “What the governor did on these voting rights for about 140,000 peo- — something advocates hoped he
Elizabeth
be staying, and stopped at the jail to commutations is good in terms of ple convicted of nonviolent felony and his successors would do.
Hogge had her
pick up paperwork. trying to mitigate the ineffective offenses. three-year sentence “The former governor did what
She knows the uphill climb she overincarceration of persons who John Tilley, a Democrat and for- commuted by Bevin the vast majority of politicians do
faces. She needs permanent hous- only have drug possession mer secretary of the Kentucky Jus- — he entered, governed and left of-
ing, a job and support to stay clean charges,” said Monahan. tice and Public Safety Cabinet un- fice with all his bias intact,” said
so she doesn’t squander this oppor- Still, those same advocates say der Bevin, told The Courier Journal Reynolds with the Urban League. “I
tunity. the lack of minorities included in that Bevin had discussed for years am not surprised, but I remain dis-
But for now, her priority is the the Dec. 9 commutation list tracks signing a mass commutation for appointed.
holidays. She thought she’d spend with larger disparities in Kentuck- nonviolent drug offenders who “We certainly are pleased for
the Saturday before Christmas in y’s criminal justice system. needed treatment. those who are getting a second
jail, having dinner with her sons “Black people are overpoliced Asked about the racial makeup chance and look forward to some-
and her mother as part of a holiday and overcharged; they receive of Bevin’s pardons, the former sec- day enjoying equal access to sys-
meal set up by the county jailer. harsher and lengthier sentences; retary emphasized how the Justice tems that offer such.”
Instead, she hopes they’ll all be they’re less likely to get probation Cabinet under his leadership began Reporter Philip Bailey contribut-
able to spend Christmas Day to- or parole,” said Kate Miller, an ad- tracking that information and ed to this report.
8K ❚ SUNDAY, DECEMBER 22, 2019 ❚ COURIER JOURNAL E1

SPECIAL REPORT BEVIN’S PARTING PARDONS

Bevins was 17; and Johnetta Carr, who took

part in a plot to burglarize her boy-
“I wish I would
“He wanted to know what (Walk-
er’s) aspirations were. ... He wanted
friend’s home. to know what his goals were, what
Continued from Page 3K Tilley said he didn’t know any- have had time kind of employment was available
thing about some of the even more to go more to him,” Peterson said.
That investigator was Denny controversial pardon candidates, carefully “He wanted to know about his
Butler, a Justice Cabinet employee, like Baker; or Micah Schoettle, who through all spirituality.”
former state representative from raped a 9-year-old girl; or Dayton of these that Peterson said Bevin had clearly
2013-17 and retired Louisville police Jones, who sodomized a 15-year-old I didn’t have read Walker’s pardon application
officer. Bevin tasked Butler with in- boy with a sex toy so violently the time to. and knew the details in it.
vestigating half a dozen cases to de- Bevin said he’s long held interest boy suffered internal injuries. There are still “He shared with us that he had
termine whether police and prose- in pardons. COURIER JOURNAL FILE On that Friday, Bevin’s office hundreds and been working until the wee hours of
cutors had followed the law as they sent word to the the Kentucky Inno- hundreds of the morning to cover all the infor-
pursued killers. cence Project, which works to iden- applications mation he had to go through,” Peter-
Butler said Bevin asked him over spoken about his Christian beliefs. tify and free people who were in the files.” son said.
the course of his term to investigate “I truly believe you are placed in wrongfully convicted, that it need- Former Gov. Throughout his final weekend as
six cases, three of which involved this position, in this time, to be the ed more information about Carr’s Matt Bevin governor, Bevin continued his fren-
felons who were still behind bars. power God gave you,” Baker’s fian- case, said Suzanne Hopf, directing in an interview zied quest to read as many files as
with WHAS radio
Butler refused to answer other cee, Dawn Turner, wrote to Bevin. attorney for the project. he could.
questions by text and declined nu- “To represent Christ showing mercy The Innocence Project was rep- He called and texted Tilley nu-
merous requests by The Courier and grace to those inflicted with in- resenting Carr and five other clients merous times and at all hours, look-
Journal for interviews. justice.” seeking clemency. ing for more information about
Bevin has said he has long been Whatever Butler was doing, the Meanwhile, over at the state De- those he was considering for a par-
interested in pardons, but after his frenetic pace of Bevin’s multi-track partment of Corrections, employ- don. One person who witnessed
reelection loss to Democrat Andy effort to grant pardons and commu- ees continued scouring inmate ros- some of the exchanges described
Beshear, he attacked the issue with tations had geared up following the ters, to find prisoners held on drug the phone calls as “frantic.”
zeal, according to those who dealt conference call that Tuesday after- convictions and confirm they didn’t On Sunday, Dec. 8, Preston said
with him over the last two weeks. noon before Thanksgiving — at a have previous convictions, escape Bevin’s office contacted his office
While that meeting just before time when so many others across attempts, histories of violent be- for the address of one person the
Thanksgiving marked an escalation the state were wrapping things up havior or other factors Bevin had public advocate’s office had recom-
of his push to grant clemency, his in their offices ahead of a long holi- said were disqualifying. mended for a pardon.
efforts really began in earnest a day weekend. This wasn’t the first time Ken- That night, Hopf, with the Inno-
couple of weeks earlier, on Nov. 14. For Bevin and the workers in the tucky had conducted wholesale cence Project, said Bevin called Carr
That’s the day Bevin conceded state Justice Cabinet, which houses prisoner releases. “to let her know she was going to get
the election to Beshear, after a re- the state Department of Corrections In 1935, Gov. Ruby Lafoon had or- pardoned. ... To me that speaks a lot
canvass confirmed he lost by 5,136 and the Department of Public Advo- dered 560 prisoners released to about his conviction about what he
votes. On that day, Bevin sent a text cacy, the work was just beginning. clear out space in the prisons. was doing and the depth of respon-
message to Butler telling him he Over the next 13 days, Bevin And in 2002, Gov. Paul Patton sibility he felt for the outcomes for
wanted to talk about the cases of would sign off on 234 pardons, 419 began releasing prisoners to deal some of these people.”
Patrick Baker and Irvin Edge, two of commutations, and another 20 par- with a $500 million budget short- The Corrections Department
the cases he had assigned Butler to dons for people who were, at the fall. By early 2003, Patton had re- continued to work, trying to put to-
investigate. time, still in prison. leased 883 prisoners — but the Cor- gether that long list of drug offend-
Around the same time, Bevin Some would become rections Department had months, ers Bevin had requested.
texted Justice Secretary Tilley, tell- controversial, while the vast major- and not days, to prepare for that. Finally, on Dec. 9, Bevin’s last day
ing him he wanted to jump-start the ity would not. What Bevin was doing on such in office and with the governor fac-
process for commuting the sen- Immediately after the Nov. 26 short notice was unprecedented. ing a hard deadline of midnight
tences of nonviolent offenders who conference call, Preston sent an Kenney, the state’s corrections when Beshear would be sworn in,
were within 90 days or so of com- email to his staff asking them to commissioner, didn’t return calls Kenney forwarded him a list of 336
pleting their terms. send him a list of clients they be- seeking comment. proposed commutations along with
Ultimately, Bevin would give lieved should be eligible for par- Early that Friday evening, with a draft order to grant them.
pardons and commutations to both dons. the clock ticking on the Bevin ad- Some of the pardons were sent to
Edge, who had spent 26 years in The next day, the eve of Thanks- ministration, Bevin summoned Bevin to sign, but he told The Couri-
prison for hiring a hit man to kill his giving, after he culled the list by Preston and Tim Arnold, another er Journal in an interview last week-
business partner, and to Baker, who 60%, Preston emailed Bevin’s office lawyer in the public advocate’s of- end that he wrote many of the par-
served less than two years of a 19- a file with the names Bevin would fice, to the Capitol for an 11th-hour don orders himself.
year sentence for killing a Knox consider. meeting to review some of the rec- Many of the pardons carried
County man during a home inva- “I think they sent me 100 names,” ommendations. messages of forgiveness and grace.
sion. he said. “I picked out, I think, 41 I It was around 6 p.m. and dark- A handful of them mentioned God
Baker’s pardon came a year and a thought were the types of cases ness had already set in over Frank- by name. Others placed conditions
half after his brother, Eric Baker, (Bevin) was looking for.” fort when Preston and Arnold ar- on the now-former felons.
held a political fundraiser that net- For some, the public advocates rived in Bevin’s paneled office. The strangest one urged Max
ted $21,500 to help Bevin retire a were asking for pardons or commu- Bevin, Preston recalled, was Jackson Sterling, of Lexington, con-
debt to himself from personal loans tations. For others who had been wearing an Oxford cloth shirt with victed of marijuana possession, ha-
he made to his 2015 gubernatorial given “serve outs,” meaning they button-down collar, no tie or sport rassment and criminal littering, to
campaign. were no longer eligible for parole, coat. “slow down and buckle-up while
Neither the Federal Election they were seeking an order that “He struck me as someone who driving (seriously!).”
Commission nor the Kentucky Reg- would simply allow them to go be- had had a long day, and knew it was In the interview with Courier
istry of Election Finance websites fore the parole board again. going to get longer,” Preston said. Journal reporter Joe Sonka, Bevin
have any record of Eric Baker, or his A couple of the requests were for “He looked like me on a Friday said it was he, and he alone, who
wife, Kathryn Baker, ever giving a people with years-old drug convic- night.” made decisions about pardons.
contribution to another politician. tions who had long ago been re- With no one else in the room, the “So there are people involved in
Bevin claims both Patrick Baker leased and had stayed clean. three went through cases, one by running down tasks, information,
and Edge are innocent. But there were more than two one, answering any final questions based on things that I’m looking for.
On Nov. 21, a week after Bevin dozen murderers on the list, along Bevin had before making his deci- But ... the decision-making on
conceded and five days before the with numerous rapists. sions. Arnold said the meeting last- them, the review of all the informa-
conference call, Butler sent an email Tilley scrambled to have his staff ed for perhaps as long as 90 min- tion, that falls on me,” Bevin said.
to Bevin’s general counsel, Steve research the 41 names and make utes. “And it should always be the gov-
Pitt, about those two cases. recommendations to Bevin. “He appeared to have a file folder ernor.”
(It had been Pitt’s job to help Bev- On Dec. 6, the Friday before Bev- for everyone on the list,” Preston While he was being criticized for
in vet the applications. State Rep. in left office, Tilley sent Bevin a me- said. “Every time we started talking the most controversial pardons,
Jerry Miller said there was a table in mo with 32 of the names that had about someone, he’d pull a folder Bevin said on a Thursday night in-
Pitt’s office stacked with pardon re- appeared on the public advocate’s out and open it up.” terview with WHAS radio in Louis-
quests he was reviewing.) list, explaining their crimes and When Preston and Arnold left, ville that after his frenetic pardon
“The Governor sent me a text last their disciplinary history while in Bevin had not said who, if anyone, spree, he had but one regret.
Thursday about catching up on two prison. would be pardoned, Preston said. “I wish I would have had time to
cases we had previously discussed. “I cannot in good conscience rec- At about 10:30 that night, Rob Pe- go more carefully through all of
Want to put them on your radar and ommend a commutation or pardon terson and his wife had just re- these that I didn’t have time to,” he
I think both have a pending re- for the individuals listed in the fol- turned to their home from a party told radio host Terry Meiners.
quest,” Butler wrote, presumably lowing summary,” he wrote. when his cellphone rang. “There are still hundreds and
referring to requests for pardons. Among them were five people It was Bevin, calling to talk about hundreds of applications in the
It’s unclear what happened in Bevin ultimately freed from prison Peterson’s nephew, Blake Peterson files.”
the interim, but on Dec. 4, less than and pardoned: Daniel Scott Grubb, Walker. Nearly two decades ago, Former Courier Journal reporter
a week before Bevin’s term ended, who killed someone by throwing a Walker, then a teenager, had killed Tom Loftus and current reporters
Butler used his iPhone to email Pitt concrete block at his head; Kathy his parents and spent the last 17 Phillip M. Bailey, Joe Sonka, Matt
a series of letters from Baker’s Harless, who killed her newborn years in prison. Mencarini, Jonathan Bullington
friends and relatives and Terry child and tossed the baby into a por- With the help of a lawyer, the contributed to this report. Joseph
Forcht, a powerful Republican do- table toilet; Delmar Partin, who family sought a commutation for Gerth can be reached at 502-582-
nor from his hometown of Corbin. killed and decapitated a co-worker Walker, who is now 33. 4702 or by email at jgerth@courier-
Many of the letters heavily in- before stuffing her body in a 55-gal- In a phone call that lasted about journal.com. Support strong local
voke the name of God in asking for lon drum; Kurt Smith, who beat his 15 minutes, Peterson said Bevin in- journalism by subscribing today:
clemency from Bevin, who is out- 6-week-old son to death when he terviewed both him and his wife. courier-journal.com/josephg.

Green raping a 9-year-old girl, saying there

was no physical evidence of her
sentences were commuted. Stun-
ningly, 95% are white.
But be assured,
chapter of Bevin’s tempestuous
term in office.
abuse. They also joined reporter Chris Bevin told Sonka he welcomes a
Continued from Page 3K That drew a sharp retort from Kenning in examining how Bevin’s we’ll continue state or federal investigation into
Dr. George Nichols, Kentucky’s personal beliefs on faith and spiri- to “shine the his decisions. We will see if he ulti-
weeks. chief medical examiner for 20 years tuality influenced his pardon of sev- light of truth mately regrets that statement.
We’ve published nearly 40 sto- who later started the child abuse eral criminals, some of them vio- and objectivity But be assured, we’ll continue to
ries examining everything from the evaluation system at Kosair Chil- lent. into these “shine the light of truth and objec-
lobbying by prominent business dren’s Hospital. And veteran columnist Joe cases.” ... tivity into these cases.” Not because
leader and political contributor Ter- “(Bevin) not only doesn’t know Gerth, with feeds from several writ- That’s what of the challenge from a polarizing
ry Forcht to the unexpected release the law, in my humble opinion, he ers, replayed Bevin’s final weeks in Kentucky former governor or the promise of a
of the son of former state Rep. Phil- clearly doesn’t know medicine and office. He explains how a relatively residents prize. Instead, that’s what Kentucky
lip Moffett. He was one of Bevin’s anatomy,” he said. small batch of commutations grew expect of residents expect of The Courier
most vocal defenders in Kentucky’s In this special section, our cover- into hundreds and hundreds of par- The Courier Journal.
legislature who also gave money to age continues. dons before exploding into a na- Journal. Thank you, as always, for read-
two Bevin gubernatorial campaigns. Reporters Jonathan Bullington tional story. ing.
We also have examined Bevin’s and Matt Mencarini analyzed the I am not sure where this story Editor Rick Green can be reached
last-minute pardon and controver- racial breakdown of 336 imprisoned will go. Nor is anyone certain how at [email protected]. Fol-
sial defense of a man convicted of low-level drug offenders whose history will remember this final low him on Twitter: @KentuckyRAG.