PLEA DEALS QUESTIONED

State police have been asked to look into whether Kenton County prosecutors
and Ludlow police improperly sought cash payments as part of plea
agreements with people arrested during a drug investigation in the small
river city. Several defense attorneys recently received "proffers" -- an
offer made during plea negotiations -- that asked the suspects to pay up to
$12,000 in reimbursements to the Ludlow Police Department for the costs of
its investigation.

About a week ago, one of those defense attorneys carried the complaints to
several Kenton circuit judges. Three of the judges agreed to forward the
information on to state police for investigation.

Kenton Commonwealth Attorney Bill Crocket said the demands in the proffers
were made not by him or his assistants but by an overeager Ludlow detective
who overstepped his authority.

"Yes. I can say he proposed a recovery of anywhere from $5,000 to $12,000
or more," Crockett said. "We said, 'You can't do that.'"

Crockett said Detective Bill Schilling was acting in good faith, but he had
to be told at least twice during the past few months that his actions were
outside the law.

He also was told that only the commonwealth attorney's office, not any
police department, is allowed to negotiate pleas with suspects.

Ludlow City Attorney Christopher Mehling said the city already is taking
steps to ensure the practice does not recur. Next week, the city council
will review new policies saying that plea agreements and forfeiture of
assets from criminal activity are to be handled only by the commonwealth
attorney, not the city or its employees.

He said city officials -- including Mayor Ed Schroeder and Police Chief Ray
Murphy -- met Thursday night with Crockett and several of his assistants.

"It became clear that our detective thought the city had a right to try to
recover the costs of the investigation," Mehling said. "Although
good-intentioned, that's not the law."

State police investigators could not be reached for comment late Friday
afternoon.

Both Crockett and Mehling said no one from the agency had contacted them
but that they would cooperate fully with any investigation.

"I welcome any inquiry into what's going on in my office," Crockett said.

Crockett's office has been criticized by the circuit judges, who say he
runs an inefficient and sometimes incompetent office. He has always
defended his work and the work of his office, though, saying he always does
what he thinks is right for the people of Kenton County.

He said that, of the dozen or so cases generated from a drug investigation
Ludlow police launched earlier this year, three or four people have pleaded
to misdemeanor marijuana charges. The remaining cases are pending before
the grand jury.

None of the guilty pleas involved forfeiture of any assets, Crockett said.
"There was no money generated for the Ludlow Police Department," he said.

"There have been no payments of money in any case. There has been no
agreement reached that has anything to do with cash being paid to the
Ludlow Police Department. Nor is that a viable option."

He said discussions are ongoing with attorneys who are defending the nine
or so remaining cases. Many of those have been delayed because prosecutors
are awaiting lab results, he said.

Some of those lab results have been bad news for the prosecution. One
baggie suspected of containing cocaine turned out to contain baking soda.
Another thought to be a controlled substance turned out to be Tylenol,
Crockett said.

In another instance, Crockett said, one of his assistants did seek
forfeiture of drug assets as part of a plea agreement.

The prosecutor's office can legally seek money or property gained through
drug sales or other criminal activity as part of its resolution of cases.

The defendant -- who is serving time for another crime -- said he had no
money and rejected the plea bargain, Crockett said. That case is likely to
go to trial.

He said it's not unusual for prosecutors to seek forfeiture of assets or
money in drug cases. That's far different, he said, from a police officer
or prosecutor's seeking payment of cash to pay for investigative costs.

"It can't be done," he said. "It's illegal to do."