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Monday, July 10, 2006

Kentucky Court of Appeals rules mostly in favor of Fletcher.

The special Franklin County grand jury investigating personnel actions in Gov. Ernie Fletcher's administration cannot issue indictments against anyone covered by his pardons, the Kentucky Court of Appeals ruled yesterday.
The appellate court also said the grand jury may issue a general report of its investigation, but it cannot name or identify any pardoned or unindicted person ... and must be issued under seal and cannot be made public until notice is given to parties involved and any hearing, if requested, is held.
He has previously issued a broad pardon for those who have been indicted by the grand jury, excluding himself, for allegedly basing hiring decisions for state merit jobs on political affiliation rather than qualifications. Yesterday's court ruling said all post-pardon indictments should be dismissed.
Sheryl Snyder, a Louisville attorney representing Fletcher, said the ruling "brings to a conclusion the attorney general's efforts to negate the amnesty". Vicki Glass, a spokeswoman for Attorney General Greg Stumbo's office, said in a statement that "A grand Jury report will be issued following a review by the Circuit Court," [and] "The Court of Appeals has again confirmed that the governor's pardon has no effect whatsoever on the grand jury's investigation of post pardon criminal conduct and no impact on the criminal prosecution of the governor." She said Stumbo's office has no plans to appeal yesterday's ruling.

To those who may not know it, the Court's ruling means that the 14 sealed indictments must be dismissed and the Grand Jury's report must be sealed, temporarily, until the Circuit Court reviews it to ensure conformity with the Supreme Court's earlier ruling sanctioning the Gov.'s power to pardon those already indicted.

Stay tuned for further news reports as they become available.

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