MAGOFFIN PROSECUTOR'S OFFICE UNFAIRLY ATTACKED

It is with some reservation that I choose to respond to the
Herald-Leader's article regarding the prosecution of drug cases in
Magoffin County, which was included in your series on the rampant drug
problem in Eastern Kentucky.

I was misguided in believing that the paper had any interest in fair
and unbiased reporting rather than engaging in little more than
tabloid journalism. But as usual, when nothing tawdry is amiss in
horse country, someone feels compelled to venture east and show the
"hillbillies" how we do everything wrong.

The focus of the article was a misstatement of the fact that the state
police expressed a lack of confidence in prosecutions before Magoffin
Commonwealth's Attorney Graham Martin took office and indicated it
would take some time to get informants to feel comfortable
participating in stings here.

The dismissal rates likewise reflect four years before Martin took
office and less than two afterward. As a number of prosecutors pointed
out, the Administrative Office of the Courts figures reflect a variety
of factors, including individual charges dismissed on conviction of a
higher one by merging offenses.

Reporter Tom Lasseter was given, but chose to ignore, a typed list
advising the basis of each case for which there was no re-indictment.
I suppose trying to get a young mother into a rehabilitation program
so she will be able to parent her children is inadequate justification
for delaying a trial. For that, I apologize.

While reading the "Prescription for Pain" series, I have watched the
articles for a glimpse of the hard-working law enforcement officers,
prosecutors and judges who put their lives on the line every day to do
jobs that are underfunded, overworked and underappreciated.
Unfortunately, the integrity and intelligence my colleagues display,
no matter how much the deck is stacked against success in this system,
is not a story the paper is interested in.

The residents of Eastern Kentucky owe thanks to police officers who
risk their lives to serve and protect, prosecutors who try to bring
the offenders to justice and the judges who are called upon to be
arbiters of justice and mercy. Yes, the system fails us all, more
often than we would like. But unlike journalists, we can't change the
facts and the evidence to suit our own version of reality. If we had
that luxury, we would live in a perfect world, with no need for a
legal system.

Thanks again for showing us your reality. Now I have to get back to
work, and since the governor has proposed a 5.2 percent budget cut for
prosecutors this year, I can't waste any more paper.

I would suggest, however, that the next time the Herald-Leader decides
to do an expose, it adhere to a sense of journalistic integrity and
report the news, rather than lowering the publication to tabloid
status. Otherwise, I'm sure there are some three-headed space aliens
who would love to give the paper an interview. I certainly won't.

Lori Vanhoose Daniel is assistant commonwealth's attorney in Salyersville.