Wayne County Outlook

Posted December 15, 2011 at 2:10 pm

Jury selection began last Monday afternoon, December 5, in the murder trial of Richard Smith, but it ended quickly, after it became apparent that a jury could not be seated in the case.

Since a local jury could not be seated, the case has been moved to Russell County. No new trial date has been set.

Last Monday morning’s proceeding began in chambers as Circuit Judge Vernon Miniard, Jr. heard several motions related to Smith’s case.

Jurors reported for duty about mid-morning, but actual jury selection did not begin until 1 p.m.

Smith is charged in connection with the 2009 death of Samantha Rigney, a young mother who was shot to death as she sat on her front porch with her family. Rigney sustained a single gunshot would to the head and died a short time later.

According to statements of witnesses, including Jonathan Rigney, the victim’s husband, Smith rode a horse up to the family’s home in the Parnell Community late on Saturday, September 5, 2009.

The Rigney’s, along with their two children, were sitting on the porch. A family friend and her child were also sitting with the Rigneys.

Officers allege that Smith pulled a pistol from his waistband and began to fire shots.

Smith was taken into custody in the early morning hours of Sunday, September 6, 2009.

In addition to murder, Smith is also charged with five counts of first degree wanton endangerment. He remains lodged in Wayne County Detention Center.

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An investigation into the prescription pill problem in the county and the execution of a search warrant on November 23 resulted in the arrest of three men, according to Wayne County Sheriff Charles Boston.

The Wayne County Sheriff’s Department and the Lake Cumberland Area Drug Task Force executed a search warrant at the home of Bill Taylor, North KY 1009. The search warrant was the result of an ongoing investigation by the Sheriff’s Department and the Drug Task Force into trafficking of prescription pills.

Inside the Taylor residence, deputies and agents located cash and several prescription bottles with the labels removed. The bottles contained methadone, oxycodone and hydrocodone with an estimated street value of over $5,000.

Taylor was arrested and charged with trafficking in a controlled substance first degree and trafficking in a controlled substance second degree.

Jonathan Condreay and Ry Miller were at the Taylor residence during the execution of the search warrant. Condreay was arrested and charged with possession of a controlled substance first degree. Miller was arrested on an outstanding warrant from Wayne County.

All three men were lodged in the Wayne County Detention Center.

The investigation is continuing.

On November 20, deputies with the Sheriff’s Department received a tip that an individual with a pending indictment was traveling toward Monticello on a motorcycle. Deputies stopped a motorcycle at Cumberland Green fitting the description.

The individual on the motorcycle could not produce any form of identification and provided false information to deputies about his name. He then took off running and following a short foot pursuit was apprehended.

The backpack the man was carrying contained lithium batteries, Coleman fuel, acid, lye, and ammonia nitrate, which are consistent with the manufacturing of methamphetamine. Also in the backpack were several syringes, match sticks and pliers.

Johnnie Hall, 37, of Bronston, was arrested for manufacturing methamphetamine, fleeing or evading police first degree, giving an officer a false name or address and possession of drug paraphernalia.

Hall was also arrested on a Pulaski County indictment for manufacturing methamphetamine and persistent felony offender.

Boston also reported that on November 10, the Sheriff’s Department and the Drug Task Force executed a search warrant at the residence of Tom Day on East KY 92. The search warrant was the result of an ongoing investigation into the manufacturing and trafficking in methamphetamine.

Inside the Day residence, deputies and agents located Coleman fuel, ammonia nitrate, lye, salt, lithium, pseudophedrine, bottles, tubing, a measuring cup, glass jars, digital scales, a grinder, a funnel and bottles with tubes glued in the lid. They also discovered an undetermined amount of methamphetamine.

A warrant was later issued for Day and he was arrested November 22 and charged with manufacturing methamphetamine.

The investigation is continuing and more arrests are expected.

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Governor Steve Beshear had directed the Kentucky Cabinet for Health and Family Services (CHFS) to open the records of cases in which child abuse or neglect resulted in a child fatality or near fatality.

“The death of any child is one too many, which is why it is imperative state government do all it can to protect our vulnerable children,” stated Beshear. “We have reviewed our laws along side the laws of all other states regarding information released in these terrible situations. Everyone’s ultimate goal is to protect children, and my directives are part of a comprehensive plan to strengthen our system.”

He offered a four step plan that addresses public information related to child fatalities, as well as to better review actions and decisions by Cabinet officials and a call to legislators to solidify the recommendations in law.

Beshear directed CHFS to release all records contained in its reviews of child deaths and near deaths involving child abuse and neglect, with redactions of certain identifying information, such as the identities of the victims, people who call with tips about abuse, social security numbers and information required to be kept confidential by specific statutes.

“My decision to open these records will allow the review of that information to further the health and safety of our children, increase the accountability of the Cabinet and improve our operations and practices going forward,” Beshear said. “Transparency will be the rule.”

The change comes after two state newspapers filed legal action against the Cabinet to secure records of children who died while under their supervision.

One of the cases involved a 20-month-old Wayne County boy, Kayden Branham, who died in May 2009 after officials said he drank cleaner that was used in a meth lab.

An internal review of the laws of all 50 states revealed that state practices vary greatly regarding the release of records in child fatalities and near fatalities.

Beshear called on the General Assembly to hold vigorous, broad hearings regarding the laws governing the state’s practices with these records, and to enact laws that provide clearer guidance on the release of certain information.

Kentucky is a “permissive” state, meaning that current law says that certain unspecified information may be revealed in the event of a child fatality or near fatality, but is not required to be. However, 32 states require mandatory release of certain records or information in such cases.

Beshear will propose legislation to make the release of certain information mandatory.

For the third time, the governor is proposing to create an independent review panel to look at child fatalities and near fatalities where child abuse and/or neglect are alleged. Beshear has proposed similar legislation twice before, but those proposals did not survive the legislative process.

The panel would be appointed by the state Attorney General’s office and include professionals, such as doctors, social workers, pediatricians, forensic experts and law enforcement.

The panel would review all cases in which the Cabinet has been involved or conducted an investigation.