(Editor’s note: This is the second segment in the coverage of the abuse trial held Monday, Sept. 12 and Tuesday, Sept. 13 of Donna K. Bartley and Rita Mitchell, both 46, in relation to the abuse of Bartley’s autistic son, Kalvin.)
Following approximately 10 hours of testimony, closing arguments began Tuesday, Sept. 13 at 4:40 p.m. with Sandy Letaio, public defender who represented Rita Mitchell in the case.
Greg Berry, a public defender appointed to represent Donna Bartley, then addressed the jury and started his closing arguments.
Assistant Commonwealth Attorney Clay Hundley began his closing by telling the jury that at the risk of being “chastised for showing you these pictures, that is what the case is really about” as he displayed photos of the squalor in which he noted Kalvin had been kept.
The jury retired to deliberate the charges for both women, returning at 6:45 p.m. with guilty verdicts for Mitchell on a charge of assault in the fourth degree and criminal abuse in the second degree and for Bartley on assault in the first degree and criminal abuse in the first degree.
After arguments in the sentencing phase, the jury deliberated approximately thirty minutes with Mitchell given 12 years on the assault charge and five on the abuse charge to run consecutively for 17 years. Bartley was given the maximum sentence on both charges of 20 and 10 years, respectively, to run consecutively for 30 years.
Final sentencing will be on October 19.
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Former Monroe County Judge-Executive Wilbur Graves, 54, of Tompkinsville, was sentenced to 12 months and one day in prison followed by two years of supervised release and ordered to pay a $5,000 fine by U.S. District Judge Joseph H. McKinley, on Tuesday, Sept. 20, announced David J. Hale, United States Attorney for the Western District of Kentucky. After a three-day trial, Graves was found guilty on March 4, 2011, by a federal jury in Bowling Green, of conspiring with others to buy votes during the November 2006 general election in order to re-elect himself.
“This prison sentence sends a message to all those who would attempt to control our democratic process through vote-buying,” said Hale. “We will aggressively investigate and prosecute those who seek to undermine the integrity of elections in Kentucky.”
According to information presented at trial, in October and November, 2006, Graves conspired with Wanda L. Moore, Ronald D. Muse, and Gary M. Bartley, all of Tompkinsville, to pay voters to cast walk-in absentee ballots. Those being paid for their vote would file a voter assistance form that falsely stated that they were blind, disabled or unable to read English and thus in need of assistance to vote.
Members of the conspiracy would then accompany the voters into the booth to cast the voters’ ballots for Graves and other candidates. The money used to pay the voters was provided by Graves, who was running for County Judge-Executive. Graves won the 2006 election that had been tainted by the vote-buying scheme.
During the three day trial, Moore testified that Graves had given her money to buy votes and that she had paid a number of people for their votes, with some receiving $40 and others $60. Moore also testified that she cooperated with the FBI investigation by secretly recording two conversations with Graves about paying for votes during the election. The video recordings were presented to jurors during the trial before Judge McKinley.
Muse, another conspirator, testified during the trial that he received money from Graves to pay for votes during meetings at Graves’ home or farm.
Muse and Moore entered plea agreements with the U.S. Attorney’s Office and agreed to testify at trial. Muse has been sentenced for his role in the scheme, while Moore has not yet been sentenced. Bartley pleaded guilty to his role in the vote buying scheme and has been sentenced.