FRANKFORT, Ky. (AP) — Outrage over a spree of pardons by former Kentucky Gov. Matt Bevin spread to the state capitol Friday as two lawmakers asked the incoming attorney general to investigate the orders, including one for a convicted killer whose family contributed to the governor.
Bevin, who lost to Democrat Andy Beshear last month in a close race, has issued more than 400 pardons since the Nov. 5 election, according to the Kentucky Secretary of State’s office.
The fallout from Bevin’s pardon-granting binge widened as two Democratic lawmakers called on Attorney General-elect Daniel Cameron to appoint a special prosecutor or a bipartisan team to investigate some of the ex-governor’s pardons. Cameron takes office next week.
“Gov. Bevin’s pardons show what is a shocking lack of judgment and potentially an abuse of our system of justice,” Senate Minority Floor Leader Morgan McGarvey told reporters.
Cameron did not address the pardons or a potential investigation in a written statement Friday but said he believes “the pardon power should be used sparingly and only after great deliberation with due regard to public safety.”
Democratic state Rep. Chris Harris said some of the pardons “shock the conscience” of Kentuckians.
The two lawmakers said special attention should be given to the pardon issued to Patrick Brian Baker, who was convicted of reckless homicide and other crimes in a fatal 2014 home break-in in Knox County. Prosecutors say Baker and another man posed as police to gain entry to Donald Mills’ home and Mills was shot in front of his wife. She tried to drive him to the hospital but he died on arrival.
Mills’ sister, Melinda Mills, said in an interview Friday that she was “highly pissed off” when she learned of Baker’s pardon.
“We all highly suspect that there was money involvement to get his pardon,” she said. “He (Bevin) got campaign money. He didn’t come for free of charge.”
Baker’s family raised $21,500 at a political fundraiser last year for Bevin and Baker’s brother and sister-in-law also gave $4,000 to Bevin’s campaign on the day of the fundraiser, the Courier Journal reported. Bevin wrote in the pardoning document that Baker’s “drug addictions” led him to fall in with the wrong people and the evidence against Baker was “sketchy at best.”
But the Kentucky Court of Appeals upheld Baker’s conviction a year ago, writing in a unanimous ruling that “there can be no doubt, on review of the proof as a whole, evidence of Baker’s guilt was overwhelming.”
Baker’s two accomplices remain in prison, the lawmakers said Friday.
“I don’t see how, based on what we have in front of us, there is any other assumption to draw than two people are sitting in jail because they didn’t have personal favors with the governor,” McGarvey said. “There is one person who is out who did.”
At Baker’s trial in 2017, the judge declared a mistrial on four counts of wanton endangerment, meaning Baker could potentially be retried on those charges, which are felonies that range from one to five years in prison.
“I will say that we are very aware of that right now,” Melinda Mills said. The original prosecutor in the case, Commonwealth’s Attorney Jackie Steele, could not be reached for comment Friday.
In addition, Bevin pardoned a man convicted of raping a child.
Instead of serving the 23-year sentence, Micah Schoettle is now free after less than 18 months in prison.
The victim’s family said learning of his pardon felt like a slap in the face.
“Shame on him, shame on him,” a northern Kentucky mom said. “It feels like we’re going through it all over again. We just got to the point where we felt safe leaving the house.”
To protect her daughter and family the mother’s identity is being concealed.
Her daughter was the victim of Schoettle.
“Now he doesn’t have to register, it’s not going to be on his– the way it was explained to me his conviction is like it never happened,” she said.
Her daughter was 9 years old when the abuse began.
“It shocks the conscience. It’s offensive, it’s mind-boggling how any governor could be this irresponsible. It’s an abomination of the criminal justice system.”
Kenton County Commonwealth’s Attorney Rob Sanders said: “Prosecutors all across Kentucky today are disgusted with Matt Bevin, offended by Matt Bevin — and rightfully so — and there are victims that have been victimized again.”
In support of Schoettle’s pardon, Bevin wrote the prosecutor’s case relied more on testimony over physical evidence.
But Sanders said the governor’s office never contacted prosecutors, victims or local law enforcement about clemency for Schoettle.
Several of Bevin’s pardons were granted to people from wealthy families, Harris said.
“That’s something that specifically needs to be looked into,” he said. “We want to make sure that there’s not this pay-for-play going on with governor pardons.”
Another lawmaker, Republican state Sen. Chris McDaniel, said he will introduce a measure next year aimed at restricting when a governor can wield pardon powers. His proposal will seek to amend the state’s Constitution to strip a governor of pardon powers for the month leading up to an election and for the time between an election and the swearing in of a new governor. The proposal would have to be ratified by the state’s voters.
“If a governor wants to use the power to commute and pardon, he should be willing to stand in front of the voters and be held accountable for those actions,” McDaniel said in a statement.
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