FBI, STATE PANEL INVESTIGATE PERRY CIRCUIT JUDGE

Questions Focus on Court Reporters, Missing Evidence

HAZARD - Both the FBI and the state Judicial Conduct Commission are
investigating Perry Circuit Judge Douglas C. Combs Jr.'s office.

Lawyers and Perry County officials say an order by Combs last spring,
asking a former court reporter to explain missing drugs from the
evidence room in Combs' office, appears to have backlashed into an
investigation focused on the judge.

David Johnson, a Hazard attorney who represents Kathy Pratt, the
former court reporter who apparently helped trigger the investigation,
said he was questioned by a judicial panel, which can sanction or
remove sitting judges.

In September, Perry Commonwealth's Attorney John Hansen said missing
evidence in a drug trial last spring initially attracted federal and
state investigators' interest.

On April 10, Combs gave Pratt two weeks to produce the missing
evidence -- about $1,000 worth of OxyContin pills -- or show cause why
she shouldn't be held in contempt of court.

On May 5, Pratt fired back a response denying any wrongdoing, but
requesting a state police investigation into the use of substitute
court reporters in Combs' office.

She listed at least five other court reporters, including Combs' wife,
Mallory Hurst Combs, and Vicco lawyer John F. Faust Jr., the defense
attorney in the drug case.

She said Faust had worked as a court reporter for at least eight weeks
and had met with clients in the judge's chambers.

Pratt said all of Combs' employees knew the key to the evidence room
in Combs' office was kept in a basket on a filing cabinet.

She claimed "no log or chain of custody" of evidence placed in the
room, including numerous guns and drugs, "has been established during
my employment."

Perry County Sheriff Pat Wooton said this week a new lock has been
placed on the evidence room.

Johnson said the questions investigators asked him had nothing to do
with the judge's order about the missing evidence.

"Mainly, they were asking about day-to-day courtroom stuff -- when
does the judge show up, how many breaks does the judge take ... they
really didn't get into anything else," Johnson said.

Wooton said investigators from the judicial panel asked him in
September whether Combs had hired any of his deputies as part-time
court reporters. He also said the FBI used his office last month to
question one of his deputies who serves as a full-time bailiff in
Combs' courtroom.

"My understanding is that's what they're talking to all these people
about," Wooton said. "Apparently, there are people who are being paid,
or have been paid in the past with public funds for being part-time
court reporters and, I would assume, not doing the job."

Carl Sizemore, a bailiff in Combs' court, confirmed he had been
questioned by the FBI, but added, chuckling, "I got no comment, Buddy.
I sure don't."

Attempts to reach Combs for comment were not successful. His attorney,
Peter Ostermiller of Louisville, declined to comment.