PROSECUTOR SUSPENDED PENDING ETHICS PROBE

A lead Hardin County prosecutor has been suspended amid allegations he
promised to drop charges against a drug suspect in exchange for sex.

The intimate act reportedly between Bob Stevens, the first assistant
common-wealth's attorney, and Erica French was captured by a hidden
camera set up by French's Elizabeth-town attorney, Kenneth Daniels, to
serve as proof of continued advances Stevens made toward his client,
Daniels said Wednesday.

Stevens has been placed on administrative leave for what his boss,
Commonwealth's Attorney Chris Shaw, called allegations of "improper
contact with a defendant." Stevens will continue to be paid his salary
of $50,499.96 until Shaw makes a decision on his future with the office.

Stevens, who is married with two children, has not been charged with
any crime. A message left at his home was not returned Wednesday.

Shaw said Stevens violated office policy by meeting alone with French.
He requires an independent representative to sit in on discussions
between prosecutors and witnesses and defendants in case any
statements or actions are disputed.

Daniels, speaking on French's behalf, said he arranged for the
surveillance after his client told him Stevens showed up unannounced
May 6 at her workplace in Louisville and, at one point, tried to kiss
her. Daniels said he could have notified others in the legal field of
the alleged misconduct, but he said he thought no one would believe
French.

"And rightfully so," Daniels said.

French agreed to a plea bargain March 15 in which she admitted to five
felony drug charges involving marijuana and possession of some of the
ingredients that could be used to produce methamphetamine. Her
sentence would be five years in jail, though all of the time would be
served as probation. She also agreed to testify against two
co-defendants, Billie Joe Strader and Earl Wieman.

The plea, struck by a prosecutor other than Stevens, was accepted
April 8 and her sentencing set for June 8.

That's when Stevens began meeting with French to begin building his
case against Strader and Weiman, Shaw said. Their trials are set for
later next month.

Stevens had phoned French several times since April, but most of their
conversations were not about the case, Daniels said.

Stevens told French on May 6 he had shown up to discuss the case, but
wound up talking about her and their families, Daniels said. French
told Daniels that Stevens tried to kiss her at one point but stopped
when a doctor walked by, Daniels said.

Then, early last week, Stevens arranged to meet French at her
Louisville home, saying he was stopping by to go over tapes involving
the defense attorneys for Strader and Weiman and to discuss their
cross-examination techniques, Daniels said. That's when Daniels,
working with a friend, hid a camera - the one he normally uses at his
office - in a wall vent.

Daniels said when Stevens showed up alone at French's home at 9 a.m.
May 19, they never discussed the case. He ended up rubbing her
shoulders, saying he would get the case against her dismissed, and the
two had sex, Daniels said the 5 1/2-hour tape shows.

Daniels said he recommended French only be with Stevens to the point
he propositioned her, but not have sex with him. But French told her
attorney she felt pressured by Stevens and thought he might hurt her
if she didn't, Daniels said.

After their encounter, Stevens took French to lunch at a Louisville
O'Charley's restaurant, took her home and left without his court
tapes. Daniels now has those in his possession, he said.

Daniels contacted Stevens the next day, May 20. Stevens denied any
appropriate contact until Daniels supplied him with a clip of the
tape. Stevens then asked how to get rid of it, Daniels said. He told
Stevens to dismiss French's case.

But Daniels alleges that Stevens said he wanted her to testify or he'd
prosecute her.

After spending the weekend considering what he should do and
consulting local judges, Daniels reported what he knew to the judges,
the attorney general's office and the state bar association.

Daniels said he wants French's case reconsidered, and possibly
dismissed.

"How can our courts prosecute her now?" Daniels asked.

He also said the tape was not an attempt by French to get the case
dismissed. Daniels said French was "tickled to death" with the plea
because she could have spent significant time actually behind bars.

She is considering a civil rights suit against Stevens on the basis
that he violated her rights to privacy and due process, Daniels said.

Shaw said he has seen a brief portion of the tape that includes no
sound and has requested a full copy from Daniels to see if he needs to
take further action.

The Kentucky State Police will investigate the case involving Stevens.
But spokesman Sgt. Phil Crumpton said that doesn't necessarily
indicate a crime has occurred, and he wasn't immediately sure why the
case had been handed over by the attorney general's office.

Vicki Glass, a spokeswoman for the attorney general's office, said
Shaw requested a special prosecutor examine the allegations. She would
not comment on why the case had been given to the state police.

Stevens joined the commonwealth's attorney's office in 2001. He
handles a variety of criminal cases.

Stevens previously had a private practice and worked as a clerk for
Hardin Circuit Court judges for a few months before joining Shaw after
the 2000 election.

Stevens has had no public discipline against him, said Bruce Davis,
executive director of the Kentucky Bar Association. He declined to
speculate what action - if any - it might take against Stevens.

Shaw also said he has received no complaints previously about Stevens'
work with clients.

Stevens' courthouse access through special computerized entrances
reserved for some of those in the legal community has been cut off,
Circuit Judge T. Steven Bland said. However, that's not unusual when
someone has been suspended or leaves their job.

Bland, who has known Stevens for some time, was surprised by the
allegations.

"Everybody who knows Bob is surprised and saddened," he said.

Shaw declined to speak about Stevens personally or professionally,
other than to say there was enough contained in the allegations to
drive his decision to place him on leave.

Stevens' suspension leaves Shaw's office with just four prosecutors -
most of whom have less than a year's experience - to handle a growing
criminal docket. The situation will worsen when one of those
prosecutors goes on maternity leave soon.

It's unclear how the cases will be handled. But, as much as anything,
Shaw said he hopes the allegations against Stevens don't taint his
office's image.

"We have a lot of people here who work really hard," Shaw said. "We
just have to keep going forward."

Daniels said he takes no pride in his role in the case. He called the
commonwealth's attorney's office an otherwise "good" operation that
has treated him fairly.

"There's nothing that makes me happy about this," Daniels said.
"Lawyers have feelings, too. I'm upset about it."