JENNIFER WALKER
GLASGOW — Special Judge Steve Mershon opened court Tuesday morning on criminal and civil cases arising from the Barren County Correction Center.
The Jefferson County judge was in a Barren County courtroom to set the ground rules for the four civil lawsuits involving 58-year-old jailer Leland Cox, the Barren County government, the jail and former deputy jailer Ricardo Huffman.
Mershon will also oversee the 30 criminal charges of sexual misconduct filed against Cox and the criminal case involving former deputy jailer Pat McKenzie, 60, of Glasgow.
The first order of business was the separation of the criminal and civil cases. Because of the nature and number of cases, Mershon was open to suggestions on how to proceed.
Cox’s attorney, Bobby Richardson, recommended civil cases involving Cox be dealt with before the criminal case.
Special Prosecutor Harold “Mac” Johns replied to Richardson’s suggestion, “I’m willing to come up here once a month for however many months and take as many bites at the apple as I have to. But if Mr. Richardson wants it, then he should get it.”
“I should ask for it and I certainly want it,” said Richardson.
Mershon said they were “going to start taking bites out of the apple,” and decided to proceed with the criminal and civil cases simultaneously. He set the first criminal trial date for Cox on counts one through 10 of third-degree sexual abuse for Feb. 4 at 9 a.m. Those counts stem from allegations brought fourth by jail employee Jaunita Adwell.
A motion to change the conditions of Cox’s bond filed by Adwell and her attorney was denied.
She said Cox approached her car outside the Barren County Government Center and stared at her through her windshield.
“He looked at me and he just kept looking,” said Adwell. “It seemed like forever. I didn’t want to talk to him or see him.”
Richardson argued that it was likely only 30 seconds or so that Cox was near Adwell’s vehicle and that it was all in plain view of the sheriff’s office.
Mershon said the conditions of the bond should be no contact between Cox and the other parties and clarified the meaning of no contact.
“You went way too close to her,” Mershon said to Cox. “She is nervous and she is scared. No contact means no contact. No calls and no letters. If you bump into any of the plaintiffs, it is your job to turn and go the opposite way.”
Two other criminal matters were also addressed.
McKenzie, a former deputy jailer, is charged with three counts of official misconduct, first degree; one count of promoting contraband, first degree; and two counts of theft of a legend drug. The three counts of official misconduct are class A misdemeanors, while the other counts are felonies. A pretrial hearing is set for Feb. 4.
A confidential investigation of McKenzie was launched last year after a complaint was filed through the Barren County Commonwealth’s office alleging McKenzie took marijuana and alcohol into the Barren County jail and traded them for sexual favors.
Another former jail employee, Ricardo Huffman, 34, received a diversion. Huffman was charged with three counts of official misconduct, first degree; two counts of sexual abuse, second degree; and one count of tampering with physical evidence.
All charges were waived because Barren-Metcalfe Commonwealth’s Attorney Karen Davis agreed to a three-year diversion that will be supervised for the first year.
If Huffman, who has no prior record, adheres to the rules set forth in his diversion, he will have a clean slate at the end of the three years. However, Huffman still faces the outcome of a civil suit filed by Aurie Jones, an inmate who claims Huffman’s actions left her in a state physical and emotional pain and suffering. A trial on the civil case will be Oct. 20.
In regards to the civil suits filed against Cox, Mershon went as far as setting distant trial dates to hear each case.
Regina Johnson, who represents Barren County in all civil actions, first brought to the court’s attention that the Barren County Correction Center is dismissed from the three civil suits filed by six jail employees.
Janis Davidson’s and Theresa White’s civil suit will go to trial Sept. 15. The civil suit filed by Adwell, Linda Boles and Sharon Houchens will go to trial Oct. 6.
A trial date for Sylvia Davidson’s civil suit has yet to be set because her counsel was not present Tuesday. A trial date will be set on Feb. 10 as part of a pretrial hearing for the civil suits against Cox.
