Wayne County Outlook

Posted January 11, 2012 at 9:19 pm

Hope White, who was convicted in April 2010 of murder in the death of Julie Hicks Burchett, will get a new trial, following a ruling rendered by the Kentucky Supreme Court on Thursday, December 22.

White is serving a 30-year sentence for first degree murder. The charges stem from the July 19, 2008 stabbing death of Burchett, who was found dead in her car. A Wayne County jury found White guilty of the charges on April 24, 2010, following a week-long trial.

White appealed the conviction in 2011, alleging several errors in her trial, including jury instructions.

The recent Kentucky Supreme Court ruling states that the trial court erred in White’s case by denying her request for a jury instruction that included first degree manslaughter. It cites KRS 507.020 (1) (a) and points out that the trial court’s refusal to instruct on first degree manslaughter as a lesser included offense of murder to be “prejudicial error.”

White also alleged in her appeal that the trial court inhibited her from questioning a witness with respect to specific instances of untruthfulness on the part of a prosecution witness. It also alleges that White was denied a request to introduce evidence that she passed a state police issued polygraph exam when questioned about the victim’s death.

While other issues were addressed in the Supreme Court ruling, because they are likely to arise again in a new trial, they were not cited in the final opinion, which reversed White’s murder conviction.

No new proceedings had been set in the case in Wayne Circuit Court at press time.

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The ASPIRE Center was to re-open last week under the joint management of city and county government. Wayne County Fiscal Court, by a 3-2 vote, approved the second reading of the ordinance establishing an agreement with the city, as the two entities prepared to take over the community center.

The ordinance had already been approved by the Monticello City Council and the fiscal court held a special meeting on Thursday, December 29 to take action regarding the proposal.

After County Judge/Executive Greg Rankin read the ordinance, there was a lengthy discussion regarding several issues.

All four magistrates agreed that city-county management of the ASPIRE Center is a positive step, and all agree that the facility needs to stay open. But there were questions about several issues, including budget as well as the day-to-day management of the facility.

Before the discussion began, Rankin explained that the ASPIRE Center has been managed by the EZ Community for the past 10 years, but that group notified city and county leaders earlier last month that funding was no longer available to keep the doors open. Rankin said he was officially notified of the board’s vote to transfer the property two days before the December fiscal court meeting.

The city and county are contributing about $35,000 annually into the center for its swimming program. Money generated by fees and donations total about $29,000 a year, according to the budget. That would leave about a $40,000 to $50,000 budget shortfall, which the city and county would be responsible for.

Rankin noted that there will be some savings realized because of city and county government’s operation of the facility, like property insurance. And there is the possibility of a group that would contribute toward the cost of utilities for the facility.

District Three Magistrate Dale Vaughn pointed out during the meeting that without the city and county’s involvement the past several years there would have been no youth activities at the ASPIRE Center. He noted that he would like to see the center expand on what it offers and be able to serve teenagers who have little to no available activities to get involved in.

Vaughn said his concerns included the short-term notice that the magistrates were given. Rankin stated that there had been discussion by the EZ Community Board but that nothing was official until they took action on December 6.

Vaughn said another concern he has is with the fact the ordinance sets up a two-member committee, including only Rankin and Mayor Jeffrey Edwards, to operate the facility. He said he would like to see a complete board in place for long-range operation of the facility.

Rankin noted that the ordinance allows for a board to be created at a later date, but told magistrates that during the transition phase it would be best to allow him and the mayor to take care of day-to-day operations, since sometimes decisions will need to be made quickly.

“Down the road I think a board is good,” said Rankin. “It’s good for long range planning.”

District Four Magistrate Troy Neal voiced his support for the center, noting that it is a vital part of the community. But he was also concerned with the two-member committee in charge of operating the facility. He asked that the ordinance be changed to include a seven-member board that would include Rankin and Edwards, as well as other appointees.

Rankin said that since this ordinance had already been approved by the city, any changes that were made would have to go back to the city, which would delay the ASPIRE Center re-opening in January. He gave his word to magistrates that the long-term goal is to appoint a board.

District Two Magistrate Jeffrey Dishman said he had received numerous calls from people in the community who want to see the center remain open. He stated that he would like to have had more notice on the issue and the opportunity to meet with city council to discuss it.

Dishman made the motion to approve the second reading of the ordinance. District One Magistrate Ronnie Turner voiced his support for the ASPIRE Center and seconded the motion. Turner said he took Rankin at his word that a board would be set up later.

Dishman and Turner voted in favor of the ordinance, while Vaughn and Neal were opposed. Rankin broke the tie.

The ASPIRE Center will be transferred into the city’s name and will be included through the city’s payroll.

All costs will be shared between the two government entities.

In other action during the meeting, the court approved the second reading of an ordinance establishing a joint city-county events committee. Rankin noted this committee would be in charge of events like SpringFest.

The city and the council also hope to launch a summer concert series in downtown, which would also fall under the jurisdiction of the committee.

The committee cannot incur any debt and can only operate from funds raised through donations and events.

The court discussed several different options for increasing the salary of the county treasurer and agreed to give her a $3,000 annual raise.