In ordering new murder trial, judge alleges Fayette Co. prosecutor misconduct — again
An assistant Fayette County Commonwealth’s Attorney participated in prosecutorial misconduct and manifest injustice throughout a February murder trial, according to the presiding judge.
In a Wednesday order issued by Fayette Circuit Judge Julie Muth Goodman, she wrote prosecutors participated in burden-shifting during closing arguments, inserted their personal opinion, violated the “Golden Rule” and presented false testimony.
All these reasons, Goodman wrote in her 31-page ruling, caused her to grant a new trial for 51-year-old James Harvey Hendron.
“Due to their sheer number, these errors amounted to flagrant prosecutorial misconduct, resulting in manifest injustice,” Goodman wrote. “...The errors in this case were so pervasive — and the conduct of the Assistant Commonwealth’s Attorney so inappropriate — the court is compelled to grant the defendant a new trial.”
In February, a jury convicted Hendron of murdering his 23-year-old son, Austin Hendron. At that time, the jury recommended Hendron serve a life sentence in prison for the killing.
This is the second time in the past six months Goodman has accused prosecutors of misconduct in her court. In the first instance, Goodman used the allegation to dismiss a murder indictment.
Hendron’s attorney, Heather McGregor, filed a motion for her client to receive a new trial on the grounds that the commonwealth provided insufficient evidence, misleading testimony and improper arguments in prosecutors’ closings.
The commonwealth disagreed in its response.
Hendron was set to receive his sentencing at a June 6 hearing, but instead Goodman ordered a new trial, prompting outcry in the courtroom that led to the gallery being cleared and the judge threatening to jail the prosecutor for contempt.
The prosecutor’s office had previously moved — twice — to have Goodman recuse herself from the case. Both times, Goodman denied the motion.
What the allegations mean
Goodman said in her ruling the prosecutors participated in burden-shifting.
Throughout the adjudication process, the burden relies entirely on prosecutors to prove “beyond a reasonable doubt” the accused is guilty.
Comments made during closing statements by Assistant Commonwealth Attorney Kathryn Schafer led the defense and judge to assert these claims. Goodman claims Schafer did not attempt to disprove the self-defense theories made by McGregor.
In one comment referenced by Goodman in her order, she recalled Schafer’s closing statement: “So I’m asking you all to find the Defendant guilty of murder. Not the lessers. Not the self-defense. You can’t believe beyond a reasonable doubt that this defendant thought that was appropriate to use on his child.”
The commonwealth contended the statements were not improper, and did not rise to the level of manifest injustice.
Goodman disagreed, and said this offense alone was enough to grant a new trial.
The judge also alleged Schafer violated “the golden rule,” which states a prosecutor cannot urge jurors to “place themselves or members of their families or friends in the place of a person who has been offended, if either they or a member of their family was similarly situated.”
Most egregious of the charges against prosecutors in Goodman’s ruling was the allegation that Schafer “elicited false and material testimony,” knowing the testimony was false.
“...The commonwealth knew, with a reasonable degree of certainty, that its own witnesses were lying under oath, and made no attempt to correct their testimony,” Goodman wrote.
Commonwealth’s Attorney Kimberly Baird said Thursday she has not had not yet read Goodman’s motion, but was aware of the “disparaging remarks.”
“I have not had the opportunity to read the judge’s entire opinion, but I am aware of the disparaging remarks she has included regarding our office and the manner in which we prosecuted this case,” Baird told the Herald-Leader. “I will review the opinion in full and determine how best to proceed.”
Previous ruling alleges misconduct
This is the most recent instance of the commonwealth and Goodman’s court locking horns regarding the methods used in trying cases.
Since December, the commonwealth and Goodman have had a consistent back and forth after Goodman tossed a man’ murder indictment and claimed the prosecution had participated in prosecutorial misconduct.
In December 2023, Goodman dismissed the case against Cornell Denmark Thomas II, 37, who was accused of causing the car crash near Leestown Road that killed 50-year-old Tammy Botkin of Lexington.
Goodman cited evidence was not presented over a two year period which spoke to Thomas acting “wantonly or intentionally” in the crime. Her original ruling in the Thomas case alleged a pattern of misconduct and systemic racial bias by prosecutors.
The commonwealth also asked for an appeal on this decision. On June 18, Attorney General Russell Coleman announced in a press release that he believed Goodman had overstepped her authority and was supporting the appeal.
The appeal is pending.
