Concern about Henry Johnson as 26th Judicial Circuit Judge (former Commonwealth's Attorney)

Kentucky Equality Federation today expressed concern about the appointment of Henry Johnson, the former Commonwealth’s Attorney in Harlan as the circuit judge for the Commonwealth’s 26th Judicial Circuit [until December 2014].

During his tenure as commonwealth’s attorney, Johnson failed to prosecute hate crimes in Harlan County, namely the case of Misty Turner and later, Kevin Pennington. Kentucky Equality Federation president Jordan Palmer was forced to ask the federal government to intervene.

Kentucky Equality Federation president Jordan Palmer was also featured in several stories with U.S. Attorney Kerry Harvey and his commitment to prosecuting LGBTI hate crimes in Kentucky.

"Kentucky Equality Federation will continue to monitor the conduct of Judge Johnson and will report any indifference to enforce the laws of this Commonwealth both to the U.S. Department of Justice as well as the Kentucky Court of Justice Judicial Conduct Commission,” stated Kentucky Equality Federation President Jordan Palmer. “Violent hate crimes do not just devastate the victim, they also send the message that some of our citizens are expendable, a message which will not be tolerated in our Commonwealth. We will not tolerate the slippery slope of allowing certain segments of our population to be victimized.

Though Johnson issued a summons for the accused in the Pennington case, the next day federal authorities took over the case. This is nothing short of political posturing on the part of the Johnson when he was the commonwealth’s attorney, as the citizens of Harlan saw that, something our attorneys later analyzed: http://community.kyequality.org/2012/10/kevin-pennington-hate-crime-trial.html

Misty Turner never saw any type of justice when Johnson was the Harlan Commonwealth’s Attorney; even after her family and children were assaulted in public. It is our sincere hope that Mr. Johnson now realizes the citizens of Harlan demand justice for all people, or they will be removed from office by their constituents as he was as commonwealth’s attorney.”

"The integrity and reliability of Kentucky’s criminal justice system has taken a major hit with the appointment of Johnson to the 26th Judicial Circuit,” stated Kentucky Equality Federation Regional Director Will Taylor. “I’m certain Johnson will not be reelected to the position given how easily he lost the last election and how indifferent Harlan citizens are to him.”

Kentucky Equality Federation is the Commonwealth's largest advocate for equal treatment of all citizens. As our mission statement explains, "Kentucky Equality Federation believes all people are endowed with inalienable rights to life, liberty, property, and the pursuit of happiness and fulfillment free from oppression, discrimination, school bullying, and hate crimes, regardless of gender identity, sexual orientation, race, creed, veteran status, political affiliation, or any other defining characteristic."

According to The Harlan Daily Enterprise:

“Now, therefore, I Steven L. Beshear, Governor of the Commonwealth of Kentucky, by virtue of the authority vested in me pursuant to Section 118 of the Constitution of Kentucky, do hereby appoint the Honorable Henry Stuart Johnson… to the office of Circuit Judge for the 26th Judicial Circuit, of Kentucky,” said the order issued by Beshear.

“Judge Johnson shall serve subject to the provisions of Section 152 of the Constitution of Kentucky.”

Johnson served as commonwealth’s attorney in Harlan for nearly 20 years, beginning in 1992. He is currently in private practice. Johnson received his law degree from the University of Kentucky and began practicing law in 1976, according to previous reports.

Johnson was succeeded as commonwealth’s attorney after losing re-election to current Commonwealth’s Attorney Parker Boggs.

Gay Hate Crime at the Warren County Regional Jail - Nose Partially Bitten Off

Kentucky Equality Federation today condemned the unprovoked attack on an openly gay male while in the custody of the Warren County Jail. The incident was reported to Kentucky Equality Federation’s Discrimination, Hate Crimes, and School Bullying Committee. Kentucky Equality Federation has tried to reach an agreement with the County Attorney, the Commonwealth’s Attorney, and the Warren County Jailer to no avail.

The Warren County Jailer insists the Kentucky Department of Corrections is responsible for what happened to the victim despite the fact that he was under the protective custody of the Warren County Jailer, given that he was technically a ward of the Commonwealth, not the County.

Nevertheless, his safety and protection were the absolute responsibility of the Warren County Jailer and staff, despite what it read on his paperwork.

The victim, Brandon Milam stated: "I was an inmate in the Warren County Regional Jail in the Protective Custody cell. Other inmates made it well known that they did not approve that I was gay. I remember hearing my nose getting ripped off my face and seeing him spit it on the floor. They all 4 started in yelling "Kill the Faggot" and "Beat that lil’ Ho Fag." I was also called queer several times. I was in jail for a probation violation over a shoplifting charge. I wasn't a flight risk and I had no violent history. My nose was basically bitten off, they attached my nose and told me that there was only a 1% chance that the tissue was going to live and that there would more than likely going to be numerous reconstructive surgeries which I cannot afford. Because of the holiday, I could not immediately go before the Judge to be placed on house arrest so I was returned to the jail. One violent inmate put a bounty on me for anyone to jump me. Later I was placed released and placed on house arrest. The jail canceled my follow-up appointments to reconstruct my nose and has refused to release my records to me."

"The deliberate indifference that the jail facility seemed to maintain when placing Mr. Milam in the cell with the attackers while being aware of his sexual orientation opens them to civil liability," stated Attorney Jillian Hall, Kentucky Equality Federation’s Vice President of Legal. "While being homosexual in and of itself does not necessarily warrant special treatment while incarcerated, recklessly ignoring this fact and placing a vulnerable inmate with others who are likely to commit a violent act such as this meets the legal standard and opens the facility, on-duty guards, and jailer to civil action. The commonwealth must pay his medical expenses as required by KRS 441.045(5) in addition to case law such as Veney v. Wyche which found that 'Segregation of male homosexual inmates was justified by legitimate penological interests in prison safety and security.'"

Hall continued: "Federal facilities are required to follow the Prison Rape Elimination Act."

"Because of the lack of response by jail officials and the county, I have instructed Kentucky Equality Federation’s in-house attorney, Jillian Hall, to file complaints with the Kentucky Department of Law and appropriate federal enforcement agencies," stated Kentucky Equality Federation President Jordan Palmer. "Regardless of the charge, inmates have rights and it is presumed that people will be safe in jail, especially when the accused has not committed a violent offense and is placed in arms reach of violent people. We demand that the commonwealth pay his medical expenses, including reconstructive surgery to his partially bitten off nose. Kentucky Equality Federation anticipates a swift monetary settlement in this case, and we demand the Warren County Commonwealth's Attorney charge those who assaulted Mr. Milam and use Kentucky’s Hate Crime law, a post conviction elevator, which includes sexual orientation."

Palmer continued: "Having an uncaring attitude towards LGBTI inmates, as well as their fundamental human rights and dignity, appears to be a growing trend across the Commonwealth’s County Jailers, we have documented complaints against the Kentucky State Police, the Madison County Jail, the Three Rivers Regional Jail (Hazard), and now Warren County. In our system of government, we presume innocence until proven guilty in a court of law. No jail in the Commonwealth would place a neo-Nazi in the same cell with a person of Jewish descent or a Black person. Steps must be taken to protect LGBTI inmates from violence, especially when they are already being called derogatory names such as queer and faggot. This case reaches beyond what happened to Mr. Milam; since anyone can swear a warrant for your arrest this could happen to any LGBTI community member or any other minority group, regardless of substantial evidence or even guilt."