Madison Circuit Judge William Clouse has rejected shock probation for Lynda Chase, the school secretary who is serving a three-year prison sentence for having sex with a student.
In an order filed Tuesday, Clouse denied Chase's request for shock probation for the sentence she received after pleading guilty in May to one count of third-degree rape and four counts of third-degree sodomy involving a 15-year-old boy.
Questions about Chase's eligibility for shock probation as a Class D felony sex offender surfaced during a probation hearing before Clouse late last month.
Chase's attorney, James Baechtold, later filed a memorandum in response, saying the court previously had granted shock probation for a defendant convicted of the same type of offense and contending that Chase should get the same consideration.
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Commonwealth's Attorney David Smith answered with his own memorandum arguing that Chase is a "violent offender," as defined under state law, and therefore not eligible for probation or shock probation.
However, Smith said in his memo that Chase and her attorney thought she was eligible for probation throughout the case.
"In light of this, the commonwealth believes it is only fair that the court consider her eligible for shock probation," Smith wrote. He suggested, therefore, that the court consider Chase's argument for shock probation only on the merits of the case.
Clouse's order stated only that he was denying the defendant's motion for shock probation.
Chase has been an inmate at the Kentucky Correctional Institution for Women since Aug. 26.