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Calloway among 12 counties selected for post-election inquiry

Jessica Paine
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Calloway among 12 counties selected for post-election inquiry

MURRAY – In a ceremony streamed on YouTube, Kentucky Attorney General Russell Coleman randomly selected the 12 counties that will undergo post-election inquiries for the 2024 General Election.

“Earlier this month,” Coleman said during the ceremony, “Kentuckians went to the polls to exercise one of their greatest freedoms: their franchise, their right to vote. Whether it was early, whether it was absentee voting, or whether it was standing in line at your polling places, we all did our part to elect the next generation of leaders of this commonwealth and of this nation. We, at the Attorney General’s Office, stood – and stand – to protect the security of the ballot and the integrity of our very elections.”

Kentucky law requires post-election inquiries to be conducted in 12 of the 120 counties in the commonwealth following every election. The audits, which are conducted by the Attorney General’s Department of Criminal Investigations, include interviews with the county clerks, the election officials and some of the voters themselves, Coleman explained before the drawing. Detectives will review records, and prosecutors will present the findings to a grand jury in each respective county.

“The tension in here, you could it with a knife,” Coleman said as he drew slips of paper out of a miniature bourbon barrel that sat on a table next to the podium.

Calloway was the first county drawn, followed by Jefferson, Daviess, Jessamine, Boyle, Barren, Warren, Campbell, Metcalfe, Edmonson, Lincoln and Trigg counties.

Calloway County Clerk Antonia Faulkner said there is not much to the process. “Of course, you hate to hear the word ‘audit,’” she acknowledged, but from her perspective, it is simply a matter of making sure all of the requested election-related paperwork is provided to the investigators.

“Every year, the (attorney general) is going to draw 12 names,” Faulkner explained. “Now, it’s not always been on YouTube – in the past, they just sent out a notice (that said) these are the counties that were drawn – but yes, every election cycle, the attorney general does this. And you get put back in every time. A neighboring county has been drawn three elections in a row; bless her heart. I’m not going to complain at all! It was about time for us to be (drawn) again anyway. I was involved in post-election audits in 2013 and 2016. So, it’s been a few years, not a lot, but a few.”

Kentucky Attorney General Russell Coleman announces Calloway County is the first of 12 counties selected for post-election inquiry. (Screenshot from YouTube)

Audits were also conducted following the primary election in May. Coleman advised that 10 of the 12 audits have been presented to a grand jury with no findings. As for the remaining two, he said that the primary investigations have concluded, and findings will be presented to a grand jury in the very near future.

“So, that gives you a sense of timing,” he added. “Our hope is in early 2025 to get the (general election audits) squared away. This is a labor-intensive process, which is why it takes a number of months. And then it’s also important that, once that report is completed by our detectives – and these are experienced investigators with decades and decades of experience under their belts; the DCI is no joke in terms of if it’s investigative efficacy – (they present) that to a grand jury (and) take questions, tough questions. You can get some pretty tough questions depending upon who the grand jurors are. And so, they look through these reports with a fine-tooth comb. It’s a testament to how we conduct our elections here in this commonwealth.”

Faulkner explained that, after every election, results are presented to a local grand jury. “So, if there was anything out of the ordinary, that will be reported to the grand jury (anyway). Very fortunate we’ve been in Calloway County that we’ve never had anything like that. It’s been very smooth. Of course, we take every part of the election seriously. We’ve done what we’re required to do, so I don’t have any concerns about that.”

“It doesn’t have anything to do with the actual vote or the count at the end,” she continued. “It’s not anything like that. Basically, these post-election audits are to make sure that we handled each procedure correctly. We know every vote was counted; we were audited for that already. So, this is just to make sure we did the paperwork we were supposed to and that we allowed the voters to vote in the way that they needed to that was best for them. It is just an audit, and as fast as we can get the paperwork to them, they’ll review it as fast as they can, and then they’ll let us know that everything is okay. So, we’re just looking forward to that part of it, for sure.”

“We’re undertaking this effort to help every Kentuckian have faith that their elections are free, fair and secure,” Coleman said. “At the end of this professional, independent and fair inquiry, it’s our hope that confidence in our elections remains high amongst our fellow Kentuckians.”

Weekly Public Meeting Schedule (Nov. 25-27)

Sentinel Staff
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Weekly Public Meeting Schedule (Nov. 25-27)

Monday, Nov. 25:

  • The Murray-Calloway County Hospital Board of Trustees Finance Committee will meet at noon in the hospital’s Garrison Board Room and via Zoom (call 270-762-1102 for Zoom connection details). The Personnel Committee will follow at 1 p.m. See agendas.
  • The Murray-Calloway County Hospital Board of Trustees will hold a SPECIAL CALLED MEETING at 5 p.m. No agenda was provided. The notice below was found on the hospital’s Facebook page.

Tuesday, Nov. 26:

  • The Calloway County Board of Health will meet at noon at the Calloway County Health Department, 602 Memory Lane. The following information was provided: “The tentative agenda is as follows:  Opening, Determination of Quorum, Approval of Prior Minutes, Presentation of the FY24 Health Department and Taxing District Audit Reports, Director’s Report, Executive Session, Other Items, and Adjournment.  This meeting is open to the public.  If you have any questions, please contact the Calloway County Health Department at (270) 753-3381.  Thank you.”

Wednesday, Nov. 27:

  • The Murray-Calloway County Hospital Board of Trustees will meet at noon in the hospital’s Garrison Board Room and via Zoom (call 270-762-1102 for Zoom connection details). See agenda.

MCCH wraps up interviews with CEO candidates

Jessica Paine
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MCCH wraps up interviews with CEO candidates

MURRAY – The Murray-Calloway County Hospital Board of Trustees has been on the hunt for a new chief executive. After hosting the final four candidates for extensive on-site interviews over the last month, the only thing left to do is make the decision, which is expected sometime in December.

The hospital officially announced CEO Jerry Penner’s retirement in July, but the announcement was well-anticipated. In August 2023, the board extended his contract by one year. At the time, Penner made clear that he would retire at the end of the contract. He will officially step down in March.

Instead of hiring a third-party to conduct the search, the board formed an internal search committee. Trustee Amy Futrell chaired the committee, which included Board Chair Steve Owens, Vice Chair Summer Cross, Chief of Staff Dr. Nicholas O’Dell and Trustee Dan Renick.

Murray-Calloway County Hospital CEO Jerry Penner (Photo provided)

Over 130 people applied for the position, which Penner has held since April 2011. That initial pool was narrowed to 10 people, who were interviewed by the search committee via Zoom.

The committee selected four applicants for in-person interviews, which respectively spanned two days and included meetings with the board, hospital directors and physician staff and culminated with a public “meet and greet” event held at the Calloway County Public Library (CCPL).

“I applaud the community for coming out to be a part of this,” Penner told trustees at their October meeting. “I want to thank Sandy Linn (CCPL Community Relations Coordinator) and Mignon (Rutledge, CCPL executive director,) for allowing us to use that space. It’s a really, really great space. Parking is fantastic. People have been able to come over and sit. They’ve really rolled out the red carpet to welcome us.”

Stakeholders listen attentively to a candidate’s response during one of the three candidate “meet and greet” events held in October. (JESSICA PAINE/The Murray Sentinel)

While all of the “meet and greet” events were open to the public, a keen eye might have noticed that none of the announcements about the events included the candidates’ names. There is a reason for that – the application process is, technically, confidential. Nonetheless, the committee wanted the community to be involved in the process.  

“As a member of the board appointed by the mayor to represent the community, a member of the search committee and as a nurse myself,” Cross said, “I felt it was very important to elicit feedback from hospital staff and the community. The new CEO will be the face of our hospital and will lead us into the future.”

Each session lasted over an hour, with roughly two dozen in attendance, including supporters, trustees, community members and other stakeholders. Copies of the candidates’ resumes were available along with comment cards. While there were opportunities for mingling, the majority of the time was devoted to question-and-answer sessions with the audience.

Former MCCH Trustee Ken Winters asks a question during one of the Q&A sessions. (JESSICA PAINE/The Murray Sentinel)

In light of the recent news about a potential merger of Hopkinsville’s community hospital — Jennie Stuart Medical Center — with Deaconess Health next year and the sale of Henry County Medical Center in Paris, Tennessee, to West Tennessee Healthcare this summer, the majority of questions were, in some form or fashion, related to MCCH remaining independent after the transition in leadership.

Stakeholders review a candidate’s resume before a “meet and greet” in October. (JESSICA PAINE/The Murray Sentinel)

The Sentinel asked each candidate, if selected, would they commit to maintaining three service lines that have tremendous value to the community but mostly operate at a loss or, at best, break-even – psychiatry, obstetrics and the Anna Mae Owen Residential Hospice House.

The responses below are provided in the order the sessions were scheduled. Please note that one candidate has since withdrawn their application; therefore, their response was omitted.

Candidate 1

I think, as a community hospital, we need to be meeting the needs of the community. How we are able to do that is because we have certain service lines that do generate profits. So, it’s important to maximize that. We cannot be all things to all people, so we have to focus on the primary vision.

I think all of those are critical services. To be a community-owned hospital and to not be there at the start of life for our families is, I think, tragic. You see that a lot in a lot of community hospitals and facilities where OB is not a profitable service line. We do not as an organization deliver enough babies to actually make a profit. We don’t. But, again, to not have that in a community-owned hospital is simply just not something I would go for.

Mental health services. It’s too critical. It affects too many people. And the same for hospice. Hospice is a community investment that was made some time ago, and we had a lot (of community) partners to help us. … No, those things will not go away, which circles back to if we were not an independent, community-owned hospital, those things would be at risk, which is why it’s so important that we maintain them.

Candidate 2

Not knowing the full landscape of everything, I will commit to doing what is right for the organization and the community. With the hospice house, I think the community has already said, ‘We’re committed.’ I think that’s not even on the table. I think OB is one of those things, like I said earlier for women’s services, you capture that female, you capture the whole family. … So, I think you have to be smart, you have to be wise when you look at these things.

Behavioral health (for example), a lot of times, behavioral health is not financially viable, but if you have a lot of behavioral health patients in the ED (emergency department), how do you take that pressure off of the ED and find them a better suitable setting and location? So, those are the kinds of questions I would ask myself. I think that’s where the data – from an outmigration standpoint, from a financial revenue standpoint – you have to take all that in and create that story to help make decisions. So, that’s my commitment.

Candidate 3

I wouldn’t commit to you right now, today, but let’s talk about each one individually. OB/GYN, while that service line may not make money – I don’t know what the payer mix is; it could be mostly Medicaid patients – there’s a lot of downstream revenue if you get a mom into the hospital because she’s going to make healthcare choices for her family. Then there’s some offset to that loss because we get additional volume and additional revenue. OB/GYN is a little unique because it does have that downstream revenue.

Hospice house is a service (that) the community wanted. … Originally, it was going to be a 12-bed facility. So, to minimize the loss, we made it a six-bed facility. I think that’s working fairly well. I think, yesterday, their average daily census is three to four, so they’re not exceeding the six. … So, you have to minimize the loss in some of those services.

We have a geriatric behavioral health unit. It’s very important for those patients to have somewhere to go, to follow-up once they’ve been discharged, so we have to have that resource in town for them otherwise they have nowhere to follow-up. … It all plays together. It’s really hard to just pick one little thing and say, ‘Oh, that loses money. We need to get rid of that,’ because there’s probably other things that play into it as well.

More than two dozen people attended the final “meet and greet” last Friday. (JESSICA PAINE/The Murray Sentinel)

LBL offers Christmas tree permits

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LBL offers Christmas tree permits

GOLDEN POND, KY– Free cedar Christmas tree permits and information including maps and cutting guidelines will be available Nov. 29-Dec. 24 on the Land Between the Lakes National Recreation Area website. Permits can only be obtained online.

A permit entitles a family to cut one cedar tree between Nov. 29 and Dec. 24. Cedar trees may be cut anywhere in Land Between the Lakes except:

  • Within sight of U.S. Highway 68/Ky. Route 80
  • Woodlands Trace National Scenic Byway
  • Cemeteries
  • Nature Watch Areas
  • Campgrounds
  • Timber sale areas
  • Facilities, including the Elk & Bison Prairie
  • Other mowed areas

“Taking the family out into the woods to look for the perfect Christmas tree is a great holiday tradition. Check along roadsides or within old forest openings to find your tree,” suggested Yvonne Antes, silviculturist at Land Between the Lakes. “The cedar tree program also helps Land Between the Lakes maintain open lands and promote diverse wildlife habitat.”

Trees must be cedar, less than 10 feet tall, and stumps must be less than 4 inches tall. Chainsaws may be used. Use of trucks, winches, tractors, or other heavy equipment is prohibited. Cutting rules and regulations can be found on the permits page.

Whether families cut or purchase a tree, they should follow these safety guidelines for choosing and using a cut tree in their home this Christmas:

  • Choose a fresh tree. If needles fall off easily, the tree is dry and can easily catch on fire.
  • When setting up your tree, cut the base off two inches above the original cut to help the tree absorb more water.
  • Place the tree in a stable, tip-proof container and water it daily.
  • Place the tree away from heat sources such as heating vents, wood stoves, or open flames.
  • Be sure decorative lights are UL approved and in good condition. Never leave tree lights on while asleep or away from home. LED lights are a great way to save energy.
  • Discard the tree when it begins to show signs of drying, such as brown or yellow coloration, or excessive needle dropping.

Gary Grosel: Five ways for Kentuckians to make more informed health care decisions during open enrollment (OPINION)

Guest Contributor
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Gary Grosel: Five ways for Kentuckians to make more informed health care decisions during open enrollment (OPINION)

By Dr. Gary Grosel, Chief Medical Officer, UnitedHealthcare of Kentucky

Amid this year’s open enrollment season for health benefits, it is a good time to take stock of your current health status and coverage needs.

Whether you have health benefits through an employer or government-sponsored programs such as Medicare or Medicaid, it’s important to understand your plan options and how to make informed care decisions that support your physical, mental and financial well-being.  

This can often be a challenge given the complexity of the U.S. health care system. In fact, 88% of U.S. adults lack sufficient “health literacy” to effectively navigate the health care system. If that’s the case for you, research shows this lack of understanding can contribute to worse health outcomes and higher care costs. 

To help address this, here are five ways to become a savvier health care consumer before, during and after you make your benefit decisions for 2025:

Know the key dates. For people with coverage from their employer, open enrollment typically happens during a two- or three-week period between September and December. For those eligible for Medicare, the Medicare Annual Enrollment Period runs from Oct. 15 to Dec. 7 each year. Coverage selections made during the fall will take effect on Jan. 1, 2025.

Understand your plan before and after enrollment. A recent survey found that about one in four Americans said they feel prepared to choose the right health plan this year, and an equal number report spending fewer than 60 minutes exploring their plan options. One challenge is there are various terms you may need to understand to evaluate your different plan options, such as the difference between a copay and coinsurance. For help with that, visit sites like JustPlainClear.com, which provides definitions for thousands of common health care terms in English and Spanish. Improving health care literacy could prevent nearly 1 million hospital visits and save over $25 billion a year, according to one study.

Look for additional health resources. Many employers and health plans offer programs beyond traditional medical benefits, including ones focused on nutrition, financial planning, starting or expanding a family, cancer care, caregiving resources and more. Likewise, some plans may offer additional resources for people managing certain chronic conditions, such as type 2 diabetes. During and after open enrollment, look for information (e.g., emails or in-office/virtual presentations) that may highlight the programs available to you.    

Consider a “copay-forward” plan. More and more consumers are opting for a copay-forward plan, which is designed to help people know the cost of medical services before walking into a provider’s office or facility. Rather than featuring deductibles and coinsurance, these plans use variable copays, which can vary depending on the care provider and facility selected. The aim is to take the guesswork out of comparison shopping for care, while avoiding surprise bills that can often show up weeks or months after a service is performed under a traditional plan.

Bundle benefits. While people may tend to focus on medical coverage during open enrollment, it’s important to not overlook specialty benefits such as vision, dental, hearing, and accident protection. In a survey, more than 80% of employees said having access to these specialty benefits is “important.” For Medicare members and caregivers, it is important to note that Original Medicare doesn’t cover most dental, vision and hearing services, but many Medicare Advantage plans do. By considering these strategies, it is possible to gain a greater awareness of your options and understanding your own health. Using that knowledge may help you make more informed decisions during open enrollment, setting you up for as healthy of 2025 as possible.

Local banks join forces to fight fraud

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Local banks join forces to fight fraud

WESTERN KENTUCKY — Four local community banks, Community Financial Services Bank (CFSB), First Kentucky Bank, FNB Bank and The Murray Bank, are joining forces to launch an initiative to educate and protect their customers from fraud. Through a joint social media campaign titled Community Banks Fighting Fraud, the banks aim to raise awareness about common fraud strategies and provide essential tips for safeguarding financial information.

The campaign will kick off on Friday, November 29, 2024, with a holiday-themed series designed to equip customers with the knowledge to detect and prevent fraud during the busiest shopping season. This initial five-week series will post every Friday on the social media channels of each participating bank. By working together, these banks hope to deliver a unified message: fraud prevention is a shared responsibility, and simple precautions can make a world of difference.

The Community Banks Fighting Fraud campaign will cover a range of important topics, including holiday-specific scams, phishing, digital banking safety, and tips for small businesses. The series will continue into 2025 with additional educational resources, empowering customers to stay vigilant and informed year-round.

By pooling resources and expertise, CFSB, FNB Bank, First Kentucky Bank, and The Murray Bank are demonstrating the strength of community banks working together for the good of their customers. This collaboration underscores a shared commitment to keeping customers’ financial security at the forefront, especially during the holiday season when fraud attempts typically increase.

Community Banks Fighting Fraud will be exclusively featured on the social media channels of CFSB, FNB Bank, First Kentucky Bank, and The Murray Bank. Each post in the series will provide easy-to-understand strategies for fraud prevention, empowering customers with actionable steps to secure their accounts.

This collaborative effort reflects the dedication of these community banks to serve as trusted financial partners, prioritizing both customer education and proactive fraud prevention measures.

For more information, follow the social media channels for CFSB, FNB Bank, First Kentucky Bank, and The Murray Bank.

KYTC announces planned road closures in Calloway County this week (UPDATED)

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KYTC announces planned road closures in Calloway County this week (UPDATED)

UPDATE (Nov. 19): KYTC announced today that South 4th Street project has been postponed and will now start on, Monday, Dec. 9.

Today, the Kentucky Transportation Cabinet (KYTC) announced three road closures in Calloway County that will start this week. The first is on State Line Road. The other two are on 4th Street – one on South 4th, between Poplar and Vine streets (which is expected to last through January), and the other on North 4th, between Chestnut and Main streets. See press releases below for more information.

Closure on West State Line Rd in Hazel starting on Tuesday

PADUCAH, Ky. (Nov. 18, 2024) – A contractor for the Kentucky Transportation Cabinet (KYTC) plans a temporary closure on KY 893/West State Line Road in Calloway County starting on Tuesday, Nov. 19.

KWT Railway Inc. will be performing maintenance on the railroad track on KY 893/West State Line Road in Hazel at mile point 18.856, just west of US 641 and west of 4th Street.

Motorists may self-detour via U.S. 641 and the new U.S. 641 S.

The repairs are expected to take about two days, weather permitting.

Map provided by KYTC

Closures on South 4th Street in Murray starting on Thursday

PADUCAH, Ky. (Nov. 18, 2024) – A contractor for the Kentucky Transportation Cabinet (KYTC) plans temporary closures on U.S. 641/South 4th Street to install new concrete roadway and curb and gutter starting Thursday, Nov. 21, weather permitting.

Crews will be installing concrete pavement in one block from Maple to Poplar Street. The road will be closed to through traffic. Local access will be maintained for businesses and residents. Estimated duration is 50 working days.

Along U.S. 641/South 4th Street from Poplar Street to Vine Street, crews will be installing new curb and gutter. This will only require a shoulder closure.

The work from Maple Street to Vine Street represents an investment of $636,975.

KYTC District 1 will attempt to provide timely updates on this project.

UPDATE (Nov. 19): KYTC announced today that South 4th Street project has been postponed and will now start on, Monday, Dec. 9.

Map provided by KYTC

Closures planned on North 4th Street in Murray starting Friday

PADUCAH, Ky. (Nov. 18, 2024) – A contractor for the Kentucky Transportation Cabinet (KYTC) plans to begin diamond grinding along the recently completed section of U.S. 641/4th Street between Chestnut Street and KY 94/Main Street, starting Friday, Nov. 22.

The road will be closed to through traffic. Local access will be maintained for businesses and residents.

Work is expected to take about four days, weather permitting. Once complete, motorists will experience a smoother ride along this roadway.

This work represents an investment of $87,000.

KYTC District 1 will attempt to provide timely updates.

Weekly Public Meeting Schedule (Nov. 18-22)

Sentinel Staff
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Weekly Public Meeting Schedule (Nov. 18-22)

Monday (Nov. 18):

  • The Calloway County Fiscal Court will hold a work session at 8 a.m. at the Miller Courthouse Annex. See agenda.

Wednesday (Nov. 20):

  • The Calloway County Fiscal Court will meet at 9 a.m. at the Miller Courthouse Annex. See agenda.
  • The Calloway County Local Emergency Planning Committee and the Disaster & Emergency Services organization will meet at 2 p.m. at Calloway County Fire-Rescue Station 1, 101 East Sycamore St.

Thursday (Nov. 21):

  • The Calloway County Board of Education will meet at 6 p.m. at the Central Office, 2110 College Farm Rd.

Press release: The Murray State News student newspaper nationally recognized

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Press release: The Murray State News student newspaper nationally recognized

MURRAY, Ky. – The Murray State News won five national awards at the recent Associated Collegiate Press (ACP)/College Media Association (CMA) fall national conference in New Orleans.

The News won ninth place in the ACP Best of Show contest for newspapers and news magazines at schools with less than 15,000 enrollment. This award is given as part of an on-site competition.

The News won three Pinnacle awards from the College Media Association in Division II, or schools with less than 10,000 enrollment.

● 1st place, photo package, Rebeca Mertins Chiodini, for her photo gallery about the Racer Roundup rodeo

● Honorable mention, feature magazine of the year for Gateway magazine

● Honorable mention, best newspaper photo page/spread, MacKenzie Rogers and Rebeca Mertins Chiodini, for a feature page design with photographs from Campus Lights

The CMA Pinnacle awards honor the best college media organizations and individual work. The Pinnacle awards attracted more than 3,000 entries from two and four-year schools across enrollment divisions.

Additionally, The Murray State News was recognized as an ACP Innovation Pacemaker finalist for a joint entry with ACP member newsrooms, The College Heights Herald at Western Kentucky University, The Kentucky Kernel at the University of Kentucky, The Eastern Progress at Eastern Kentucky University and The Northerner at Northern Kentucky University. Non-ACP member schools that also participated were the Louisville Cardinal at the University of Louisville and the Thorobred News at Kentucky State University. The entry highlighted an editorial written jointly by student journalists at Kentucky schools about the need for Diversity, Equity and Inclusion on college campuses.

Jill Smith, a May 2024 graduate with a master’s degree in mass communications/public relations from Murray, Kentucky, served as editor-in-chief last year. Bri Hunter, a senior journalism major from Murray, Kentucky, serves as editor-in-chief this year.

“Serving in a leadership role has given me an entirely different perspective of how news organizations operate,” Hunter said. “I am grateful to be in this role to set a standard for myself and others. I was very excited that The News received five national awards, and because of that we will work harder. ”

The News changed from a weekly printed newspaper with a website to a digital-first publication with a monthly newspaper last year. This change has allowed students to experience a digital-first news organization while still maintaining the tradition of a printed newspaper. The News also produces two magazines a year: Gateway, a glossy product that focuses on feature stories about western Kentucky, and Racer Guide, a print newsmagazine that serves as an orientation guide for new students.

“The Murray State News has a long tradition of excellence, and I’m thrilled to see us return to winning national awards,” said Leigh Landini Wright, adviser. “These student-journalists worked hard to rebuild that tradition during a challenging time.”

Founded in 1927, The Murray State News is an award-winning student-led publication. The News is among the ACP Pacemaker Top 100 news organizations and has a long tradition of excellence.

Editor’s note: Congratulations to The Murray State News! Keep up the great work!!

Murray man sentenced in sex abuse case

Jessica Paine
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Murray man sentenced in sex abuse case

Editor’s note: This article contains information about sexual abuse. Discretion is advised.

MURRAY – A Murray man will serve seven years in jail after pleading guilty, pursuant to North Carolina vs. Alford, to felony sexual abuse charges, following his sentencing hearing in Calloway Circuit Court Thursday.

Jason Malone, 43, was initially arrested in July 2022 and charged with one count of first-degree sexual abuse, a class D felony, and two counts of first-degree sexual abuse, child under 12 years old, a class C felony. According to court documents, after being in therapy for several months, the eldest of the three victims told her counselor that Malone did more than touch her and graphically recounted multiple instances of rape and sodomy.

The new allegations prompted another investigation which resulted in another grand jury indictment in February 2023, this time for first-degree rape and first-degree sodomy, class B and C felonies, respectively.

But Malone’s sentence only pertains to two of the five initial charges. During a mediation in September, Assistant Commonwealth’s Attorney James Burkeen agreed to drop the first-degree sexual abuse charges related to the two younger victims and to amend the rape charge from first- to third-degree.

In exchange, Malone entered an Alford plea to one count of first-degree sexual abuse and one count of third-degree rape, a class D felony. When entering an Alford plea, the defendant does not admit to being guilty of any crimes but concedes that enough evidence exists to be convicted by a jury should the case go to trial. 

Jason Malone appears in Calloway Circuit Court for sentencing on Thursday with Kentucky Department of Public Advocacy Directing Attorney Cheri Riedel. (JESSICA PAINE/The Murray Sentinel)

After Thursday’s sentencing hearing, Malone’s attorney, Kentucky Department of Public Advocacy Murray Trial Office Directing Attorney Cheri Riedel, declined to comment on the case due to the fact that the majority of the information is under seal. She did note that the case has taken longer than normal, in large part due to issues with Malone’s previous counsel.

At a status hearing in January, Riedel advised the court that, despite making several requests, her office had yet to obtain Malone’s file from his previous attorney; therefore, the defense was not ready to proceed in the case at that time. The parties agreed to set the case for trial in early October and schedule a pre-trial conference on Aug. 19.

Instead of holding a pre-trial conference in August, the court heard arguments on two motions filed by Riedel – one to determine the competency of alleged child victims and another requesting the medical and therapy records of the victims be released. At the hearing, she prefaced her arguments on the motions by advising Moore that the case was scheduled for mediation on Sept. 6.  

Regarding argument on the motions, Burkeen noted his reservations about releasing those records, “These are dealing with victims’ records. It can’t just be a fishing expedition. If there are reasons that simply aren’t listed in the filing, (I might not object to it).”

Riedel replied that the request is related to records she received from the Cabinet of Health and Family Services. Riedel and Burkeen then approached the bench and spoke with Calloway Circuit Judge Andrea Moore for more than five minutes before returning to their respective podiums. With that, the hearing concluded, and the pretrial conference was continued until after the mediation.

A disturbance in the courtroom catches Jason Malone’s attention during a hearing in August. (JESSICA PAINE/The Murray Sentinel)

After the hearing, Burkeen talked to The Sentinel about the decision to attempt to mediate the case before going to trial, but first, he explained the process.

Criminal mediations are nonbinding, confidential proceedings and nothing discussed in mediation can be used against someone at trial. Although the negotiations are technically between the defense and the prosecution, in his experience, the process is more productive when the victims are involved.

“The (victims) are typically with us, and they get to hear everything from the mediator’s perspective,” Burkeen explained. “The parties are usually separated, and the mediator does a little shuttle diplomacy, taking offers back and forth.

“The mediator is usually a retired judge who can maybe do a better job of pointing out strengths and weaknesses to both parties. I think the perception there is maybe one side is being kind of unreasonable, then a mediator might be able to say, ‘Hey, I’ve sat on cases where juries did convict for this,’ or ‘This type of testimony can, sometimes, not be as persuasive as you think.’ … To me, the big draw of it is that everybody’s there, prepared, ready. You’re not saying, ‘Well, let me talk to somebody and get back to you next week,’ (because) we’re all there.”

In child sex abuse cases, there are other considerations.

“Nobody likes testifying, especially when you’re underage and have undergone a traumatic experience; if we can get it settled and not have to (put them through) that, it’s typically good,” Burkeen said. “It can also be traumatic if a jury (finds) somebody not guilty – not because they don’t believe the (victim) but because there’s not enough evidence there. That can be tough for a kid to hear.

“So, sometimes you may have victims or victims’ parents who are willing to amend or dismiss some charges in exchange for guilty pleas and not having to go to trial on other ones. So, you can come out of mediation with something different than what was charged.”

Jason Malone stands amongst other inmates before his August hearing. (JESSICA PAINE/The Murray Sentinel)

At Thursday’s sentencing, the court heard arguments from the parties related to two motions filed by Riedel, both of which were related to the dismissed charges related to the two youngest victims.

While Burkeen did not oppose the first motion requesting that a victim impact statement related to those charges not included in the proceedings, he did oppose defense’s request to remove references to those charges from Malone’s presentence investigation report (PSI), noting it is common for the full charging documents to be included in those reports.

“First of all, he’s not pleading guilty to anything related to those ladies, and they’re not victims, pursuant to the statute,” Riedel argued. “Second of all, it goes against the spirit of the agreement, the negotiated plea done through mediation, to then allow the Court to consider charges that were dismissed.

“Further, it is my concern that, due to the nature of the offense, including these allegations, that it will prejudice him when he is considered by the parole board. … If charges are dismissed, I believe that any reference to them should be stricken from the record as well.”

Moore allowed the request, ruling that Riedel, Burkeen and the Kentucky Department of Corrections Division of Probation and Parole officer could work together to develop a revised narrative.

Calloway Circuit Judge Andrea Moore speaks to Jason Malone during his sentencing hearing Thursday. (JESSICA PAINE/The Murray Sentinel)

Before Moore handed down Malone’s sentence, the eldest victim stood bravely at the prosecutor’s podium with her mother by her side and read her victim’s statement.

“Jason, as I am here standing in front of you, I feel nauseous, and I feel disgusting,” she said. “You took away my innocence, which is one thing that I will never be able to get back. … Now, I have to realize monsters are in some people, and I have to be careful who I trust. Although you took everything from me and caused me scarring and painful memories, I forgive you, not to make it OK but to move on and live in peace.”

Three of the initial counts against Malone were dismissed – one count of first-degree sodomy and two counts of first-degree sexual abuse, child less than 12 years old, which are offenses punishable by imprisonment for 10-20 years and 5-10 years, respectively.

Malone’s initial charge of first-degree rape, which carries a penalty of 10-20 years’ incarceration, was amended down to third-degree rape, a charge for which the penalty range is one to five years. Pursuant to the plea agreement which Moore upheld in sentencing, Malone will serve two years on that count.

The penalty range for first-degree sexual abuse is one to five years’ imprisonment. Malone was sentenced to the maximum five-year penalty on that count.

The two sentences are consecutive, which means he will serve a total of seven years; he is not eligible for parole. In addition to incarceration, Malone is subject to five years’ post-incarceration supervision and will be a registered sex offender for the rest of his life.

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