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Grayson attorney alleges politics led to gun arres
Josey1
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Grayson attorney alleges politics led to gun arrest
Judge reduces $100 million bond to $100,000
By Allen Blair
Of The Daily Independent
GRAYSON - Grayson attorney Philip McKenzie called his arrest this week for carrying two concealed handguns into court a reason to file a civil rights lawsuit.
``Number one, I'm not guilty of any crime," McKenzie said following an arraignment Wednesday in Carter District Court. ``And what has been done has been done politically, without a doubt."
During the hearing, special judge William Schmaedecke reduced his bond from $100 million to $100,000 unsecured. McKenzie was released from custody after the hearing.
McKenzie, 52, of Grayson was charged Monday with two counts of carrying a concealed deadly weapon, both Class A misdemeanors, Sheriff Kevin McDavid said.
Schmaedecke, a retired judge from Kenton County appointed to the case, reset the bond after conferring with County Attorney Michael Fox and McKenzie's attorney, William Woods.
The higher bond was set by Paintsville Judge Susan M. Johnson on Monday. Johnson is the region's chief district judge.
Woods, who is a former district judge, called the $100 million bond unreasonable for misdemeanor charges filed against his client.
``It speaks for itself," he said, adding he has never heard of any bond being set that high.
``It's obviously retaliation," said Woods, who was removed from the bench in 2000 on misconduct charges.
Those charges included brandishing a handgun on the bench.
McKenzie filed a lawsuit two years ago on behalf of Woods, alleging Johnson violated his constitutional rights to serve his district by removing him from it. They lost the case by one vote in the Kentucky Supreme Court.
``I think she's taking it very personally," Woods said, talking about the suit and Johnson.
Actions that led to McKenzie's arraignment began Monday.
Deputy Sheriff Mark Harr arrested McKenzie in the courthouse after discovering one weapon on his leg and the other in a coat pocket, McDavid said.
A state Administrative Office of the Courts security officer also was in the courthouse that day, apparently responding to an alleged threat made against District Judge Kim Gevedon.
McKenzie said Gevedon called him into chambers that day concerning the threat.
The judge said she was ``contacted by the county attorney's office and told that I had threatened her person," he said.
As an attorney for nearly 27 years, McKenzie said he had never heard such a challenge to his honor.
``I'm the last person she should fear," he said.
Fox said he could not release details, but confirmed that his office had relayed information about a threat.
The Kentucky State Police is investigating, Fox said.
Woods called the alleged threats and McKenzie's arrest a ``bad combination of coincidence," and contends any threats received by the court were merely rumors of threats.
No charges regarding threats have been filed, either, Woods added.
McKenzie has a concealed weapons permit, routinely carries one, and is an avid sportsman and gun collector, Woods said.
Kentucky law allows only judges and law enforcement officers to carry guns in courtrooms.
McKenzie basically walked into court without thinking about his guns, Woods said.
``It was a lapse of memory that he had the weapons on him," he said.
McKenzie said he had been ``blindsided" and will likely file a civil rights lawsuit over the matter against Gevedon, Johnson and others.
``I will make them account for it in court, so that the public will have full knowledge," he said.
McKenzie said he and a former assistant county attorney had once - in the same courtroom - compared the guns they carried, citing a need for safety.
``It's not a new subject to bring up," he said.
McKenzie said he was charged in this case because he legally represents Woods, who is running against Gevedon this fall.
Fox said he had no knowledge of attorneys carrying guns into courtrooms, but added that if he did he would have an obligation to report it as an officer of the court.
``It's not a common occurrence that I'm aware of," he said.
In resetting McKenzie's bond Wednesday, Schmaedecke also set conditions of his release.
Those included no unlawful contact with Gevedon, surrender of his concealed weapons permit and surrender of all his firearms to the sheriff who will store them. He must also undergo an evaluation with his treating psychiatrist and comply with his orders, Schmaedecke ruled.
The judge also agreed that McKenzie's brother, James, will serve as his custodial release agent.
``My understanding is the psychiatrist will make a report through the custodian to the court within 72 hours that he (McKenzie) is not a danger to himself or others," Fox said, commenting to the court.
Fox said he would step down as prosecutor in further proceedings because of his professional relationship with McKenzie and the fact they represent opposing parties in a pending civil lawsuit over the Justice Center property.
Judge Schmaedecke agreed. The state attorney general's office later appointed Mason County Attorney John Estill as special prosecutor, Fox said.
A pre-trial conference was tentatively scheduled for Aug. 20 at 1 p.m.
McKenzie faces a maximum penalty of 12 months in jail, as well as fines.
Gevedon and Johnson could not be reached for comment late Wednesday afternoon.
ALLEN BLAIR can be reached by phone at (606) 326-2657 or by e-mail at ablair@dailyindependent.com
For convenient home delivery, call 606-326-2674 or 1-800-955-5860
http://www.dailyindependent.com/070402/news/local/local3.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Judge reduces $100 million bond to $100,000
By Allen Blair
Of The Daily Independent
GRAYSON - Grayson attorney Philip McKenzie called his arrest this week for carrying two concealed handguns into court a reason to file a civil rights lawsuit.
``Number one, I'm not guilty of any crime," McKenzie said following an arraignment Wednesday in Carter District Court. ``And what has been done has been done politically, without a doubt."
During the hearing, special judge William Schmaedecke reduced his bond from $100 million to $100,000 unsecured. McKenzie was released from custody after the hearing.
McKenzie, 52, of Grayson was charged Monday with two counts of carrying a concealed deadly weapon, both Class A misdemeanors, Sheriff Kevin McDavid said.
Schmaedecke, a retired judge from Kenton County appointed to the case, reset the bond after conferring with County Attorney Michael Fox and McKenzie's attorney, William Woods.
The higher bond was set by Paintsville Judge Susan M. Johnson on Monday. Johnson is the region's chief district judge.
Woods, who is a former district judge, called the $100 million bond unreasonable for misdemeanor charges filed against his client.
``It speaks for itself," he said, adding he has never heard of any bond being set that high.
``It's obviously retaliation," said Woods, who was removed from the bench in 2000 on misconduct charges.
Those charges included brandishing a handgun on the bench.
McKenzie filed a lawsuit two years ago on behalf of Woods, alleging Johnson violated his constitutional rights to serve his district by removing him from it. They lost the case by one vote in the Kentucky Supreme Court.
``I think she's taking it very personally," Woods said, talking about the suit and Johnson.
Actions that led to McKenzie's arraignment began Monday.
Deputy Sheriff Mark Harr arrested McKenzie in the courthouse after discovering one weapon on his leg and the other in a coat pocket, McDavid said.
A state Administrative Office of the Courts security officer also was in the courthouse that day, apparently responding to an alleged threat made against District Judge Kim Gevedon.
McKenzie said Gevedon called him into chambers that day concerning the threat.
The judge said she was ``contacted by the county attorney's office and told that I had threatened her person," he said.
As an attorney for nearly 27 years, McKenzie said he had never heard such a challenge to his honor.
``I'm the last person she should fear," he said.
Fox said he could not release details, but confirmed that his office had relayed information about a threat.
The Kentucky State Police is investigating, Fox said.
Woods called the alleged threats and McKenzie's arrest a ``bad combination of coincidence," and contends any threats received by the court were merely rumors of threats.
No charges regarding threats have been filed, either, Woods added.
McKenzie has a concealed weapons permit, routinely carries one, and is an avid sportsman and gun collector, Woods said.
Kentucky law allows only judges and law enforcement officers to carry guns in courtrooms.
McKenzie basically walked into court without thinking about his guns, Woods said.
``It was a lapse of memory that he had the weapons on him," he said.
McKenzie said he had been ``blindsided" and will likely file a civil rights lawsuit over the matter against Gevedon, Johnson and others.
``I will make them account for it in court, so that the public will have full knowledge," he said.
McKenzie said he and a former assistant county attorney had once - in the same courtroom - compared the guns they carried, citing a need for safety.
``It's not a new subject to bring up," he said.
McKenzie said he was charged in this case because he legally represents Woods, who is running against Gevedon this fall.
Fox said he had no knowledge of attorneys carrying guns into courtrooms, but added that if he did he would have an obligation to report it as an officer of the court.
``It's not a common occurrence that I'm aware of," he said.
In resetting McKenzie's bond Wednesday, Schmaedecke also set conditions of his release.
Those included no unlawful contact with Gevedon, surrender of his concealed weapons permit and surrender of all his firearms to the sheriff who will store them. He must also undergo an evaluation with his treating psychiatrist and comply with his orders, Schmaedecke ruled.
The judge also agreed that McKenzie's brother, James, will serve as his custodial release agent.
``My understanding is the psychiatrist will make a report through the custodian to the court within 72 hours that he (McKenzie) is not a danger to himself or others," Fox said, commenting to the court.
Fox said he would step down as prosecutor in further proceedings because of his professional relationship with McKenzie and the fact they represent opposing parties in a pending civil lawsuit over the Justice Center property.
Judge Schmaedecke agreed. The state attorney general's office later appointed Mason County Attorney John Estill as special prosecutor, Fox said.
A pre-trial conference was tentatively scheduled for Aug. 20 at 1 p.m.
McKenzie faces a maximum penalty of 12 months in jail, as well as fines.
Gevedon and Johnson could not be reached for comment late Wednesday afternoon.
ALLEN BLAIR can be reached by phone at (606) 326-2657 or by e-mail at ablair@dailyindependent.com
For convenient home delivery, call 606-326-2674 or 1-800-955-5860
http://www.dailyindependent.com/070402/news/local/local3.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
July 4, 2002
BY MARK BROWN SUN-TIMES COLUMNIST
Even on the Fourth of July, maybe especially on the Fourth of July, you don't expect a major political candidate's patriotism to be called into question.
But that's definitely what seems to be going on in the race for Illinois governor with a pair of recent hits on Democratic nominee Rod Blagojevich.
In the first instance, the intent is plain. In the second, it's a little more subtle, but you can judge for yourself.
The initial volley came from the Illinois State Rifle Association, the local branch of the NRA.
In a postcard mailed throughout the state last week, the gun owners group asks:
"If this was July 4, 1776, which uniform would Rod Blagojevich wear? Minuteman ... or ... Redcoat?"
Perhaps you can guess the answer they are seeking, but I'll give you the whole text, in case you aren't on the group's mailing list.
"As our nation's 226th birthday draws near, our thoughts turn to all those who died standing up for what we, as a people, believe in. At the core of our beliefs is our precious Bill of Rights--the simple statements that separate us from all the other nations on earth.
"But the Bill of Rights is too difficult for Rod Blagojevich to understand. He admits that there is a sanctity to the 2nd Amendment that he just doesn't understand. So he has no problem sponsoring and supporting legislation to take your guns away. He has no problem demanding that you surrender your guns because he thinks it is your civic duty. Rod Blagojevich just doesn't get it.
"So, if today was indeed July 4, 1776, we suspect that we'd see Rod Blagojevich wearing the colors of the gun-grabbing Brits.
"Rod Blagojevich--Bad for Illinois.... Bad for America.... Bad for You."
In case that's not clear, here's what the group's president, Richard Pearson, told me by phone Wednesday:
"He has shown himself to be not what we think an American ought to be.... We view this as being a very unpatriotic stand of his, and we intend to oppose him at every point."
Blagojevich denies that he is trying to take away the guns of law-abiding Americans, but the record plainly shows that he has put a major emphasis on gun control during his political career. That record is mainly to his credit, in my opinion, even if he overdid it from time to time, such as his short-lived notion of charging $500 for a firearm owner's identification card.
Without disparaging Mr. Pearson's members on this most red, white and blue of holidays, I would suggest that Blagojevich is no less a patriot just because he disagrees with them on gun control matters.
The other shot came from the campaign of Republican nominee Jim Ryan, who used the holiday week to take a convoluted swipe at Blagojevich's views on the Pledge of Allegiance. Last week, Blagojevich said a California court's ruling that struck down the pledge was "idiotic."
But Ryan said Tuesday that statement doesn't square with a Blagojevich vote last year against a congressional resolution that said "schools in the United States should set aside a sufficient period of time to allow children to pray for, or quietly reflect on behalf of, the Nation during this time of struggle against the force of international terrorism."
In the "whereas" clauses, the authors of the resolution invoked the Pledge of Allegiance and its phrase of "one nation under God" as part of the justification for a prayer period.
Blagojevich said he opposed the resolution on the basis that it was a form of mandatory school prayer. Makes sense to me, but either way, the resolution didn't have anything to do with whether school kids should say the Pledge of Allegiance.
Ryan said he wasn't questioning Blagojevich's patriotism, just his consistency.
But his spokesman said Ryan chose that attack to counter a Blagojevich campaign event that same day in which the Democrat was appearing with a group of firefighters to invoke a patriotic theme.
Ryan would have been better served by responding with his own showing of patriotism.
If this is how Ryan and the Republicans are planning to derail Blagojevich, then they have even bigger problems than I realized.
There are plenty of legitimate ways to criticize Blagojevich. When the campaign gets to that stage, I'll be happy to join in.
In the meantime, waving the flag isn't going to work.
E-mail: markbrown@suntimes.com
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"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Lorna Hughes Exclusive
A TOP racehorse trainer is facing jail after being accused of firing a shotgun at teenagers who caused ?90,000 of damage to his cottages.
Former jockey Donal Nolan was charged with twice firing the gun at a group of 14-year-olds after being driven to despair by malicious hooligans.
The schoolboys had repeatedly vandalised and set alight the isolated cottages that the Lanarkshire-based trainer had spent thousands renovating.
Last week, Nolan, 45, was cleared by a court of taking the law into his own hands and discharging the weapon at the youngsters.
But he was convicted of possessing a loaded gun without a proper licence.
Friends claim Nolan was only protecting his property after police consistently failed to track down the culprits.
But he now faces a possible jail term - with a maximum sentence of five years - when he is sentenced at Hamilton Sheriff Court next week.
Speaking from the Newmains stable he shares with partner Melanie last night, Nolan said: "This has been hanging over my head for over a year and now I am just pleased that it's almost over."
The ruddy-faced Irishman's ordeal began when he started renovating Branchal Cottages in nearby Cambusnethan.
Within days of the work being done, youngsters were setting fire to the property, smashing windows and stealing roof tiles.
Despite Nolan's repeated complaints to police, the vandalism continued with the cost of damage almost ?90,000.
His local councillor David McKendrick said: "I used to be a police officer but they did nothing to help the man. They were useless. He was pushed to unbelievable lengths."
Lawyer Joe Beltrami said: "Mr Nolan did his level best to protect his property, as was his right, and made regular reports of the damage to police and his local councillor."
Nolan will be sentenced on July 8.
http://www.sundaymail.co.uk/news/page.cfm?objectid=11993720&method=full&siteid=86024
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
The Associated Press
GRAYSON - An eastern Kentucky lawyer accused of carrying two concealed pistols into a courtroom pleaded not guilty Wednesday.
Special Judge William Schmaedecke also lowered Philip D. McKenzie's bond from $100 million to $100,000. Mr. McKenzie was released Wednesday.
The higher bond was set Monday by Judge Susan Johnson of Paintsville, who serves as chief regional district judge in eastern Kentucky.
Mr. McKenzie, 52, of Grayson, was arrested Monday by a deputy sheriff who found a gun in his coat pocket and another gun in a holster on his leg, authorities said.
"A $100 million bond for a misdemeanor. We've got murderers in jail on much less bond," Mr. McKenzie's attorney William Woods said before the arraignment. "This is absurd."
Judge Johnson, who serves as district judge in Johnson, Martin and Lawrence counties, declined to comment on the bond.
Mr. Woods, a former judge, was removed from the bench two years ago for misconduct after displaying a handgun in a Morgan County courtroom. The incident occurred after he lost a re-election bid.
A pretrial conference in Mr. McKenzie's case was scheduled for Aug. 20.
http://enquirer.com/editions/2002/07/04/loc_not_guilty_plea.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878