Lexington prosecutor ‘appalled’ after judge alleges misconduct, tosses murder case
The Fayette Commonwealth Attorney’s Office says it is “deeply troubled” by allegations of misconduct and racism made by a Fayette County judge who dismissed a murder case that the local prosecutor’s office was handling, and plans to appeal the dismissal.
Fayette Commonwealth Attorney Kimberly Baird’s statement came in response to Fayette Circuit Judge Julie Goodman’s 24-page order last week that accused Baird’s office of seeking disproportionately harsh punishments against minority defendants while dismissing the murder case, which involved a Black defendant who had been involved in a fatal wreck.
“I am deeply troubled by the allegations made by Judge Julie Goodman of racism and discriminatory charging decisions by the Office of the Fayette Commonwealth’s Attorney, and even more appalled at the implication that I, as an African American woman heading this office, would participate in or condone such behavior,” Baird wrote. “She also implies that my predecessor, Lou Anna Red Corn, a woman of the Osage Nation, would also be engaging in discriminatory practices.
“Not once since 2019, when she was elected to the Circuit Court bench, has she called to express her concerns or discuss any patterns that she has seen with respect to our resolution of cases.”
Last Friday, Fayette Circuit Julie Goodman issued a ruling that dismissed a murder indictment against a Lexington man. Goodman’s order dismissing the indictment was 24 pages long and detailed “serious” issues she had with the way prosecutors handled that case, and others.
Goodman said in her ruling that prosecutors hadn’t been able to provide enough evidence to indicate the defendant could’ve been criminally liable for murder in the case.
“As noted in its Findings of Fact, the Court has serious concerns over the way this case and others have been prosecuted, each of which could justify a basis for dismissing the indictment,” Goodman wrote in her ruling.
She added that in her 15-year tenure, she “has noted a clear pattern of disparate charging decisions by the Commonwealth in which white defendants are charged with lesser offenses and given better offers than defendants of color.”
Cornell Denmark Thomas II, 37, is the defendant in the middle of the situation. He was arrested in September 2020 after getting into a car crash with Tammy Botkin. Botkin died in the July 3, 2020, crash.
Prosecutors in the case alleged Thomas was intoxicated at the time of the crash, despite two negative drug panels for drugs and alcohol with the exception of low levels of marijuana which law enforcement testified would likely not cause any impairment.
Goodman said there was a lack of evidence to show Thomas acted “wantonly or intentionally,” which is required to charge someone with murder.
Baird said the Fayette County Grand Jury was responsible for the indictment on a murder charge, not her office. She said the decision whether to indict a person for second-degree manslaughter versus murder is not necessarily based on intoxication — which is not required for the charge.
Unlike a jury trial, grand jurors do not decide whether a defendant is guilty or not guilty. Their responsibilities are to determine what charges – if any – a defendant will face in circuit court or trial based on evidence presented to them by prosecutors. Jurors can either bolster or reduce charges that are brought forth by prosecutors.
“The grand jury looks at all the circumstances regarding a collision — excessive speed, running of a red light, driving on the wrong side of the road, and fleeing from the police to name a few,” Baird said. “Race does not play a factor in charging, rather a person’s conduct that led to the death of a citizen of the county.
“It is up to a trial jury to review all the evidence and determine whether the Defendant murdered Tammy Botkin by driving at an excessive rate of speed, running a red light, and violently killing her.”
In her ruling, Goodman also cited recommendations made by a subcommittee with the Commission for Racial Justice and Equality, and said they suggested Fayette County prosecutors should conduct comprehensive research and review programs which would report on disparities affecting Black residents.
Baird, who is a member of the subcommittee, said there was not a finding by the group that her office engaged in any discriminatory or selective prosecutions.
“It is without question that my office will appeal the ruling issued on Friday by Judge Goodman and the Office of the Attorney General has already been contacted,” Baird wrote.
This story was originally published December 14, 2023 at 10:29 AM.
