Will embattled jailer return?
Published 12:00 am Sunday, March 29, 2009
Barren County officials are unsure what to expect when Monday comes, but they are preparing for a possible legal battle with Jailer Leland Cox.
Cox, who entered an Alford plea earlier this month to four counts of third-degree sexual abuse, intends to return to his post Monday, informing Barren County Judge-Executive Davie Greer and Sheriff Chris Eaton of his plan in a letter addressed to them and drafted by his attorney, Bobby Richardson.
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In response, Barren County Fiscal Court voted to hire an attorney to represent and advise the county in the matter. Jim Deckard, a Lexington attorney who previously served as chief counsel to former Gov. Ernie Fletcher and an executive director of the Kentucky Bar Association, was hired Thursday by the county at a rate of $175 per hour for his services.
Greer said the step of hiring outside counsel was taken because Barren County Attorney Jeff Sharp represents all elected officials in the county.
“(Sharp) has a potential conflict of interest in any potential suits that fiscal court might file against the jailer,” Greer said. “For that reason, we felt the need to hire an attorney to represent this court.”
Cox stepped down from his duties as jailer in July after his arrest in the wake of allegations from several female employees that he had improperly touched them.
The case was prosecuted by Todd County Attorney Mac Johns, who was appointed as a special prosecutor; Judge Steve Mershon of Louisville heard the case as an appointed special judge. As part of his plea, Cox signed an agreement that required him to resign effective Jan. 2. But fiscal court voted unanimously on March 17 to withhold Cox’s salary beginning Wednesday.
Since Cox’s arrest, the jail has been under the control of the sheriff’s office, with Deputy Matt Mutter managing the operations of the jail on an interim basis.
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On March 19, Cox informed the county that he planned to resume his post as jailer, operating the jail remotely at an off-site location so as to avoid contact with the employees who alleged abuse.
Cox’s stated plans are to electronically monitor the operations of the jail and manage the jail through designated deputies who would be on-site and subject to his control. Attempts to reach Cox for this story were unsuccessful.
The county is in a wait-and-see mode, though, with Monday’s events dictating the legal steps the county may take.
“For now, we’re just waiting around for Monday,” Greer said, adding that she has received a petition circulated among Barren County citizens with more than 1,000 signatures calling for Gov. Steve Beshear to remove Cox as jailer.
Eaton said his office has been in contact with Cox over the past week, with the conversations were mainly about Cox’s plans to resume operations at the jail.
“We’re kind of stuck in the middle because we don’t know what to do come Monday morning,” Eaton said. “This situation is kind of new to everyone. If he does come back, we hope that it’s peaceful and there’s no turmoil … I was hoping they could put this off until a judicial judge could make a ruling on it.”
Efforts had been in the works to bring Johns and Mershon back to Barren County to go over the terms of the plea to which Cox agreed. The plea was entered in the chambers of Barren Circuit Judge Phil Patton, but was not recorded – Mershon’s unfamiliarity with the recording equipment left those present under the mistaken impression that the hearing had been recorded.
Johns said all parties were involved in working out a court date where everyone could be present in Barren County to go over the agreement, but that hearing may not take place until next month.