U.S. Attorney weighs in on Bevin's pardons: 'Particularly concerned' about sex offenders

Lexington Herald-Leader - 12/31/2019

Dec. 31--A U.S. Attorney in Kentucky has weighed in on the controversial pardons made by former Gov. Matt Bevin, saying his office will look into whether any of the people pardoned by Bevin violated federal law.

Russell Coleman, the U.S. Attorney for the Western District of Kentucky, said his office would review the cases at the request of state prosecutors or law enforcement agencies.

"The uniqueness of a situation of federal prosecution following a state executive pardon will, however, require ultimate approval by the highest levels at the Department of Justice in Washington, D.C.," Coleman said in a statement. "I am particularly concerned about the risk to the public by those previously convicted of sex offenses, who by virtue of the state pardon, will not fall under any post-release supervision or be required to register as sex offenders."

The process to reexamine whether any of the subjects of the pardons were also eligible to be prosecuted under federal law would be complicated, Coleman cautioned.

The crime would have to still be under the federal statute of limitations, there would need to be evidence that meets the Department of Justice's standards and they would have to ensure that bringing the case couldn't be considered "double jeopardy" -- trying someone for the same crime twice.

The crime also would have had to have taken place in the Western District of Kentucky, which rules out several of the more controversial pardons that occurred in the Eastern District of Kentucky, especially in Laurel and Knox Counties.

The U.S. Attorney's Office in the Eastern District of Kentucky declined to comment.

Coleman's statement is the first by a U.S. Attorney over Bevin's pardons. Earlier this month, Republicans in the Kentucky Senate asked the U.S. Attorney's Office to investigate the pardons and whether Bevin broke the law by giving a pardon to Patrick Baker, whose family members held a campaign fundraiser for him in 2018.

Coleman's statement does not deal with any investigation into whether Bevin improperly issued pardons -- the U.S. Attorney's office can not confirm or deny potential investigations -- instead, it deals with whether the federal government can bring charges against anyone Bevin pardoned.

The area of biggest overlap would be those who were convicted of sex offenses.

In one case in Coleman's jurisdiction, Bevin pardoned and commuted the sentence for Dayton Jones, of Hopkinsville, who was one of four men convicted of sexually assaulting a 15-year-old at a party in 2014.

Gov. Andy Beshear, who worked on the case as Attorney General, has expressed concern about the pardon, calling the crime a "gang rape."

Some of Bevin's more controversial pardons fall outside of Coleman's jurisdiction, including Micah Schottle of northern Kentucky, who was convicted of raping a girl between the ages of 9 and 12 years old.

Bevin said he pardoned Schottle because there was "zero physical evidence" because the girl's hymen was intact. Health experts have said Bevin's claims are harmful and show a lack of understanding of how sexual abuse works.

Another of the men Bevin pardoned, Doug Phelps, pleaded guilty to the possession of child pornography in part because the U.S. Attorney's office was weighing whether to bring charges against him, according to his clemency petition.

In a letter from Commonwealth's Attorney Jackie Steele, which was included in Phelp's clemency petition, Steele said he was "assured" the U.S. Attorney's Office would stop investigating if Phelps reached a plea deal with Steele.

Phelps was convicted in Laurel County, which is in the Eastern District of Kentucky and would be outside Coleman's jurisdiction.

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