WEBVTT - 10-9-25 Bill Cunningham Show 0:00:06.480 --> 0:00:09.239 Billy Cunningham, the Great America, welcome this Thursday afternoon to 0:00:09.320 --> 0:00:12.200 the tri State. Of course later on Sunday, and we're 0:00:12.240 --> 0:00:14.680 going to talk between now and then with Lance mcgallister 0:00:14.760 --> 0:00:18.919 about Joe Flacco, not Joe Burrow, but Joe Flacco starting 0:00:18.920 --> 0:00:21.000 for the Bengals, and he has an extra three hours 0:00:21.000 --> 0:00:23.279 in Green Bay the games at four to twenty five, 0:00:23.360 --> 0:00:25.720 so he's studying up quickly. How bad you have to 0:00:25.720 --> 0:00:27.640 be if you're Jake the Snake, that you're going to 0:00:27.720 --> 0:00:29.480 lose your position to a guy that doesn't know the 0:00:29.520 --> 0:00:32.840 playbook and it's two hundred and fifty miles away. But nonetheless, 0:00:32.840 --> 0:00:36.160 hopefully Joe Flacco is a quick learner. He's already beat 0:00:36.159 --> 0:00:38.800 the Packers once this year as a quarterback for the 0:00:38.800 --> 0:00:41.800 Cleveland Browns, So we'll see what happens there with joining 0:00:41.840 --> 0:00:44.040 you and I now is the great Rob Sanders of 0:00:44.120 --> 0:00:47.400 Kenton County and Rob, welcome again to the Bill Cunningham showed, Rob. 0:00:47.240 --> 0:00:49.840 How are you, Willie. I'm doing fantastic. 0:00:49.880 --> 0:00:51.599 It's a beautiful day and I'm happy to be back 0:00:51.640 --> 0:00:54.480 on your show. Although you've been promising me intro music 0:00:54.520 --> 0:00:55.080 here for a while. 0:00:55.080 --> 0:00:56.120 We're gonna have to work on that. 0:00:56.160 --> 0:00:58.360 You know, I'm kind of jealous that Joe Dieters had 0:00:58.360 --> 0:00:59.960 his own intro music back in the day. 0:01:00.240 --> 0:01:03.840 Vanilla Vanilla eyes. That's what you want, right, you want to. 0:01:04.120 --> 0:01:04.840 We can work it out. 0:01:05.640 --> 0:01:08.000 I know you and I go way back with Vanilla ice, 0:01:08.040 --> 0:01:10.480 so that that might be appropriate. But you know, we'll 0:01:10.480 --> 0:01:11.280 work something out. 0:01:11.560 --> 0:01:15.280 On a serious matter, I read an article out of 0:01:15.440 --> 0:01:20.679 several newspapers about this this killer who was released by 0:01:20.720 --> 0:01:23.480 the Kentucky Parole Board, and I read some of the 0:01:23.520 --> 0:01:26.039 ins and outs of this thing. This is unbelievable stuff. 0:01:26.080 --> 0:01:30.399 But the headline essentially says that the parole Board is acted, 0:01:30.440 --> 0:01:33.120 shall we say, in a way that released a child murderer. 0:01:33.400 --> 0:01:37.319 Kentucky Parole Board threatened after a man who killed child 0:01:37.360 --> 0:01:39.560 release from prison. Explain this one to. 0:01:39.560 --> 0:01:44.720 Me, Willie. This case goes back all the way to Jeez. 0:01:44.720 --> 0:01:48.160 I guess it was twenty fifteen. There was a guy 0:01:48.240 --> 0:01:51.600 named Ronald Exantis who was from Indiana, and for reasons 0:01:51.640 --> 0:01:54.920 nobody can quite figure out, he traveled to Woodford County, Kentucky, 0:01:55.400 --> 0:01:58.120 which is down just outside of Lexington, Kentucky, and he 0:01:58.280 --> 0:02:01.400 entered an unlocked residence where he attacked the family inside 0:02:01.800 --> 0:02:05.920 and tragically stabbed to death a young boy in the house. 0:02:05.640 --> 0:02:07.400 Who was only six years old. 0:02:08.040 --> 0:02:11.080 Also stabbed that boy's sister stabbed that boy's father. 0:02:11.240 --> 0:02:13.160 Fortunately, they did not die. 0:02:13.200 --> 0:02:17.639 In fact, they weren't seriously injured from those stab wounds. Nevertheless, 0:02:18.680 --> 0:02:23.880 Xantis was arrested indicted for murder and burglary and assault 0:02:24.040 --> 0:02:26.359 in that case. Because of all the publicity, was moved 0:02:26.400 --> 0:02:30.079 from Woodford County to Fayett County, which is Lexington, Kentucky, 0:02:30.120 --> 0:02:32.800 which is important to note is probably the most liberal 0:02:32.840 --> 0:02:34.720 county in all of Kentucky. I would say it's probably 0:02:34.720 --> 0:02:38.880 even more liberal than Jefferson County, which is where Louisville is. Nevertheless, 0:02:38.919 --> 0:02:41.480 if I was a prosecutor on a murder case, much 0:02:41.520 --> 0:02:43.760 less a death penalty case, the last place I would 0:02:43.800 --> 0:02:47.160 want that trial to be held is Fayatt County, Kentucky. 0:02:47.240 --> 0:02:49.919 But that's nevertheless where it got moved to, and that 0:02:50.320 --> 0:02:54.480 jury where there's still plenty of liberal voters, which means 0:02:54.560 --> 0:02:57.959 liberal jurors in the jury pulled down in Fayett County 0:02:58.040 --> 0:03:03.560 somehow found him guilty of assaulting the daughter and assaulting 0:03:03.600 --> 0:03:06.880 the father, but not guilty by reason of insanity of 0:03:06.919 --> 0:03:09.200 the murder of the six year old boy and of 0:03:09.360 --> 0:03:12.679 the burglary, and that verdict is entirely inconsistent. 0:03:12.760 --> 0:03:12.919 Now. 0:03:12.919 --> 0:03:15.360 The prosecutor in Fayet County at the time was the 0:03:15.400 --> 0:03:19.160 late Great Ray Larson, who was the godfather of Kentucky 0:03:19.160 --> 0:03:23.760 prosecutor's very good friend and mentor of mine, who unfortunately 0:03:23.840 --> 0:03:26.160 is no longer with us. But nevertheless, back in the day, 0:03:26.639 --> 0:03:29.600 ray Larson was just an observer. It wasn't his case 0:03:29.600 --> 0:03:32.120 because the prosecutor from Woodford County, who was no longer 0:03:32.120 --> 0:03:34.320 in office, came over to Fayett to try the case 0:03:34.840 --> 0:03:37.360 when the trial got moved. But ray Larson noted that 0:03:37.400 --> 0:03:40.320 the jury really pooh pooed in their shoes. And I'm 0:03:40.360 --> 0:03:42.440 sure he wanted to use a different explanation for the 0:03:42.480 --> 0:03:44.040 word pooh poo, but it was one of the greatest 0:03:44.080 --> 0:03:46.880 quotes I've heard by a prosecutor when describing a crazy 0:03:46.960 --> 0:03:50.040 jury verdict. There's just no way on earth that somebody 0:03:50.080 --> 0:03:52.760 can be insane for a murder, but not insane for 0:03:52.800 --> 0:03:56.040 an assault that happened at the very same time. Under 0:03:56.080 --> 0:04:00.360 Kentucky law at the time, assault second degree is a 0:04:00.400 --> 0:04:03.640 non violent offense, so that's how crazy our law was 0:04:03.680 --> 0:04:05.920 at the time, Willy, that you could stab someone with 0:04:05.960 --> 0:04:08.920 a knife and it be a non violent offense in Kentucky. 0:04:08.960 --> 0:04:11.800 And that's significant for a couple different reasons. Number One, 0:04:11.800 --> 0:04:14.920 it only carries twenty percent parole eligibility, which this guy 0:04:14.960 --> 0:04:16.840 was sentenced to fifteen years, so he could have been 0:04:16.880 --> 0:04:18.960 out in as little as three years because of that 0:04:19.000 --> 0:04:22.159 twenty percent parole eligibility. But they also get all kinds 0:04:22.200 --> 0:04:25.599 of good time in under Kentucky law for non violent offenses. 0:04:25.640 --> 0:04:29.320 That's problem we're still dealing with the day. So you 0:04:29.440 --> 0:04:32.200 serve out a non violent offense and just under fifty 0:04:32.240 --> 0:04:34.960 percent of the service or just under fifty percent of 0:04:34.960 --> 0:04:37.760 the sentence by the time you factor in all of 0:04:37.800 --> 0:04:41.960 the good time credits added to somebody's k or shaved 0:04:42.000 --> 0:04:43.880 off the back end of somebody's sentence in each one 0:04:43.920 --> 0:04:46.400 of these non violent cases. Now, the good news is 0:04:47.360 --> 0:04:48.120 in the meantime. 0:04:48.200 --> 0:04:48.560 Back up. 0:04:48.600 --> 0:04:51.839 About two years ago, the legislature passed House Bill five, 0:04:51.880 --> 0:04:53.479 which I'm proud to say I was a major part 0:04:53.520 --> 0:04:56.719 of negotiating the language for House Bill five. But probably 0:04:57.120 --> 0:04:59.800 the most important thing that House Bill five did, out 0:04:59.839 --> 0:05:03.480 of all the criminal justice reforms or fixes that it 0:05:04.160 --> 0:05:08.800 undertook was redefining what qualifies as a violent offense. Willie, 0:05:08.800 --> 0:05:11.880 and we did this novel thing under the law where 0:05:12.000 --> 0:05:16.440 if a crime causes a death or a serious physical injury, 0:05:16.520 --> 0:05:19.200 we made it a violent offense. I know that's novel, 0:05:19.279 --> 0:05:22.960 it's something totally unheard of. But you could have back 0:05:23.000 --> 0:05:26.280 in before this House Bill five two years just two 0:05:26.360 --> 0:05:28.880 years ago, Willie, before that, you could be guilty of 0:05:28.880 --> 0:05:33.000 attempted murder and be a non violent offense. Manslaughter non 0:05:33.080 --> 0:05:35.320 violent offense, reckless homicide. 0:05:34.800 --> 0:05:35.320 Non violent. 0:05:35.360 --> 0:05:37.080 And you know, you and I know have talked a 0:05:37.160 --> 0:05:39.880 number of times in years past when we were trying 0:05:39.880 --> 0:05:42.160 to get House Bill five passed about all the craziness 0:05:42.240 --> 0:05:44.320 that was going on with non violent offenses. Well, it 0:05:44.360 --> 0:05:47.680 wasn't just calling it violent versus non violent. It was 0:05:47.720 --> 0:05:51.599 all the good time credits and the parole eligibility was 0:05:51.640 --> 0:05:54.479 so remarkably lower for non violent offenses that it was 0:05:54.560 --> 0:05:57.560 extremely important that we fix that definition, and thank god 0:05:57.920 --> 0:06:00.320 we did so. I can say that this case like 0:06:00.400 --> 0:06:04.640 Ronald Xantis would never happen for a crime that's committed today, 0:06:04.839 --> 0:06:08.479 But unfortunately, we still have people that are incarcerated for 0:06:08.560 --> 0:06:12.159 horribly violent offenses like the one that mister Xantis was 0:06:12.200 --> 0:06:15.600 incarcerated for, that are still getting the benefit of that 0:06:15.640 --> 0:06:17.840 good time that we're still getting the benefit of that 0:06:17.880 --> 0:06:22.520 low parole eligibility that were in effect back when they 0:06:22.560 --> 0:06:25.040 committed this. Now, the other important thing about this Exantus 0:06:25.120 --> 0:06:28.000 case for people to know is it wasn't the Kentucky 0:06:28.040 --> 0:06:30.360 Parole Board. Kentucky Parole Board is one of the few 0:06:30.440 --> 0:06:33.680 things under state government that I can say works well 0:06:34.040 --> 0:06:36.600 regardless of who the governor is. The governor gets to 0:06:36.880 --> 0:06:39.520 appoint the members of the Parole Board. But in my experience, 0:06:39.560 --> 0:06:42.560 regardless of whether we've had a Republican governor Democrat governor, 0:06:42.520 --> 0:06:45.279 of the parole boards always done a very good job. 0:06:45.279 --> 0:06:48.800 There are very few examples where I would criticize the 0:06:48.839 --> 0:06:52.200 Parole Board for decisions that they've made. In this case, 0:06:52.839 --> 0:06:55.520 Xantis was up for parole a number of different times, 0:06:55.520 --> 0:06:58.080 and he was always voted down, in other words, returned 0:06:58.120 --> 0:07:00.200 to prison by the Parole Board every time they got 0:07:00.200 --> 0:07:03.880 a vote. But in twenty twelve, the Kentucky legislature, not 0:07:03.960 --> 0:07:06.920 the Parole Board, but the legislature, passed a law called 0:07:07.000 --> 0:07:10.600 mandatory release supervision, which means once you get to six 0:07:10.640 --> 0:07:13.760 months till the end of your sentence, you're automatically kicked 0:07:13.760 --> 0:07:16.800 out of prison and you were in effect paroled. 0:07:17.120 --> 0:07:17.720 But it's not. 0:07:17.680 --> 0:07:21.280 Parolled because the parole board voted for you. It's paroled 0:07:21.400 --> 0:07:27.000 that the legislator legislature granted to every inmate, effectively shortening 0:07:27.040 --> 0:07:30.440 their prison sentence by six months, regardless of the crime 0:07:30.480 --> 0:07:33.440 that they committed, regardless of their conduct while they were 0:07:33.440 --> 0:07:36.680 incarcerated in behind bars. They could have broken all the rules, 0:07:36.920 --> 0:07:40.960 fought with people, disrupted the prison, not taken any classes 0:07:41.080 --> 0:07:45.200 or improvements or anything done anything, not even made license plates. 0:07:45.240 --> 0:07:45.560 Willie. 0:07:45.880 --> 0:07:49.200 If they were in prison and they were six months 0:07:49.200 --> 0:07:52.160 till the day that their sentence was up, they were 0:07:52.240 --> 0:07:54.720 kicked out, and that was by a vote of the legislature. 0:07:54.960 --> 0:07:56.920 So it's important for everybody that reads this story. It's 0:07:56.920 --> 0:07:59.640 been all over the internet, social media, and everybody's been 0:08:00.120 --> 0:08:02.960 firing away at the Kentucky Parole Board. Their members have 0:08:03.040 --> 0:08:06.679 been docked, they've had their lives threat and death threats 0:08:06.720 --> 0:08:09.720 to them and their family, and it really wasn't their faults. 0:08:10.440 --> 0:08:11.720 They had nothing to do with it. 0:08:11.800 --> 0:08:14.560 They did their job and kept this exemptest guy, the 0:08:14.680 --> 0:08:17.440 child killer in prison as long as they could. It 0:08:17.480 --> 0:08:20.320 was the legislature of the past mandatory release supervision, which, 0:08:20.360 --> 0:08:22.280 by the way, Willie, is still on the books. It 0:08:22.400 --> 0:08:24.800 just doesn't apply to as many people. Fortunately, it doesn't 0:08:24.840 --> 0:08:27.440 apply to all the people that are now violent offenders 0:08:27.440 --> 0:08:29.960 thanks to House Bill five, but it still applies to 0:08:30.000 --> 0:08:31.679 the old ones. So we're still going to be dealing 0:08:31.720 --> 0:08:38.120 with it for old non violent violent offenses. But fortunately 0:08:38.160 --> 0:08:41.040 those numbers are limited, but we're still dealing with it. 0:08:41.040 --> 0:08:41.719 Somebody could go. 0:08:41.679 --> 0:08:44.840 Out and steal tens of thousands or hundreds of thousands 0:08:44.920 --> 0:08:47.160 or millions of dollars in death cases. None of them 0:08:47.160 --> 0:08:49.720 are violent in Kentucky. So those kinds of people, you know, 0:08:49.760 --> 0:08:52.040 the embezzlers and things like that, they're still getting that 0:08:52.080 --> 0:08:54.840 mandatory or release supervision. So if there's anything good that 0:08:54.840 --> 0:08:57.000 comes out of this, I hope it's that people can 0:08:57.040 --> 0:09:00.280 convince their legislatures to make the inmates serve their sentence 0:09:00.360 --> 0:09:02.840 that they were given by the judge of the jury 0:09:02.920 --> 0:09:05.120 or both, and make them serve their sentence. 0:09:05.200 --> 0:09:07.400 Let's get rid of mandatory release supervision. 0:09:07.679 --> 0:09:10.800 Well, you know, jury's are the best system we have 0:09:11.000 --> 0:09:14.600 ever had ever will have. But they're imperfect. You cannot 0:09:14.600 --> 0:09:18.079 find someone not guilty by reason of insanity in killing 0:09:18.080 --> 0:09:20.920 a six year old boy, Logan Tipton ten years ago, 0:09:21.600 --> 0:09:23.880 he's not guilty by reason of his zand and then 0:09:23.960 --> 0:09:27.280 a few minutes later he uses the same knife to 0:09:27.320 --> 0:09:31.000 assault his sister, but found find guilty of the assault 0:09:31.000 --> 0:09:33.400 of the sister. But he became all of a sudden 0:09:33.480 --> 0:09:36.880 insane having killed Logan Tipton. I guess that's the verdict 0:09:37.040 --> 0:09:40.199 is within a few seconds he went from sanity to insanity, 0:09:40.320 --> 0:09:44.320 or from insanity to sanity. And so a jury system 0:09:44.400 --> 0:09:46.439 is great, but they screw up every now and then. 0:09:46.520 --> 0:09:49.560 This is an example. Where's Ronald Exantis now? Is he? 0:09:49.640 --> 0:09:52.320 Is he walking around Kentucky somewhere with a knife in 0:09:52.320 --> 0:09:52.720 his hand? 0:09:53.480 --> 0:09:56.199 Fortunately he's not in Kentucky will he? According to published reports, 0:09:56.240 --> 0:09:58.800 he has been located in Florida because for six months 0:09:58.840 --> 0:10:01.840 he still has to register his addressed with the Probation 0:10:01.920 --> 0:10:04.960 and Parole Office, and he got his parole transferred to Florida. 0:10:05.000 --> 0:10:07.640 So he's Florida's problem. Given the kind of news that 0:10:07.679 --> 0:10:09.440 we hear out of Florida, I wouldn't be shocked if 0:10:09.480 --> 0:10:11.840 we hear about him in the next six months, but no, 0:10:11.920 --> 0:10:14.760 he's not in Kentucky. But that nevertheless, he shouldn't be anywhere. 0:10:14.800 --> 0:10:17.600 We should have kept him locked up as long as possible. 0:10:17.640 --> 0:10:20.800 And frankly, Willy, I know you practice law at least 0:10:20.840 --> 0:10:22.640 back in the day, if not still on the side, 0:10:22.640 --> 0:10:25.600 I'm not sure, but I know you're familiar with criminal 0:10:25.640 --> 0:10:28.480 law and criminal trials, and it is very very rare 0:10:28.880 --> 0:10:32.720 that juries find anybody not guilty by reason of insanity. Usually, 0:10:32.800 --> 0:10:35.640 if anything, they find him guilty but mentally ill, which 0:10:35.679 --> 0:10:38.240 gets some mental health treatment while they're incarcerated, but they 0:10:38.280 --> 0:10:40.920 still serve the sentence just the same as anybody that 0:10:41.040 --> 0:10:43.920 gets convicted of the same crime. I've had defendants be 0:10:43.960 --> 0:10:47.160 guilty but mentally ill before, I've never had somebody be 0:10:48.120 --> 0:10:49.880 not guilty by reason of insanity. 0:10:49.960 --> 0:10:50.600 Knock on wood. 0:10:50.600 --> 0:10:52.679 We got some pending right now that are going for that. 0:10:53.320 --> 0:10:55.559 But again, I'll be shocked if that's the verdict, because 0:10:55.600 --> 0:10:58.160 these crimes are just so heinous and so offensive, and 0:10:58.200 --> 0:11:01.240 it's obvious that these defendants committed to crimes. There's no 0:11:01.679 --> 0:11:06.600 question of who done it. It's just a duel between 0:11:06.720 --> 0:11:13.240 expert hired expert witnesses. Some people might call them. I'm 0:11:13.280 --> 0:11:15.000 not sure if I'm allowed to say whores on the radio. 0:11:15.040 --> 0:11:19.720 You might have to believe hire whores, expert, witness, whatever 0:11:19.760 --> 0:11:23.559 you want to call him. Battle of the paid experts say, 0:11:23.679 --> 0:11:25.960 one will say he's insane, the other one will say, no, 0:11:26.040 --> 0:11:29.600 he's not. Ultimately, it's on the jury to decide whether 0:11:29.640 --> 0:11:31.559 we want this person to get mental health treatment while 0:11:31.559 --> 0:11:33.560 they're incarcerated, or if we're just going to turn them 0:11:33.600 --> 0:11:36.400 loose on the street. And juries are very hesitant to 0:11:36.400 --> 0:11:38.800 turn them loose on the streets. So this exemptest thing is, 0:11:38.920 --> 0:11:42.400 thank god, a very rare type of situation. But again 0:11:42.440 --> 0:11:45.000 it's one that I would never want to try my 0:11:45.080 --> 0:11:46.920 case in Fayett County if I could avoid it. I'd 0:11:47.040 --> 0:11:49.400 rather come try in Hamilton County than Fayett County, Willie, 0:11:49.760 --> 0:11:53.000 but any place but there. That would be of the 0:11:53.000 --> 0:11:55.400 one hundred and twenty counties in Kentucky, that would be 0:11:55.520 --> 0:11:58.040 number one twenty on my list of places that I 0:11:58.080 --> 0:11:59.800 would prefer to try a death penalty case. 0:12:00.120 --> 0:12:03.360 Hopefully mister Xanders is not walking around Naples, Florida. If 0:12:03.400 --> 0:12:05.120 I see some of them and get his picture. Have 0:12:05.480 --> 0:12:08.319 posted certain places if you see this guy, leave them alone. 0:12:08.360 --> 0:12:08.520 Now. 0:12:08.559 --> 0:12:11.760 Secondly, this story also is interesting to Tony Bender and 0:12:11.800 --> 0:12:15.079 others because the father of the dead Logan Tipton, who 0:12:15.080 --> 0:12:18.720 would be I guess about sixteen years old today, has 0:12:19.240 --> 0:12:23.480 put out a fatwah on Ronald Xantis. How much trouble 0:12:23.480 --> 0:12:26.040 could the father be in if he actually goes to 0:12:26.080 --> 0:12:29.280 Florida and kills this guy who killed his son. Now 0:12:29.280 --> 0:12:31.440 you're talking in Florida, might not be in much trouble. 0:12:31.640 --> 0:12:33.400 But nonetheless that's not good. 0:12:34.160 --> 0:12:35.960 No, it's not good, Willy. And that's why that we 0:12:36.040 --> 0:12:39.480 have important criminal and that's why we have good criminal laws. 0:12:39.480 --> 0:12:42.480 It's important that they are enforced and enforced well and 0:12:42.520 --> 0:12:46.480 that justice has had for crime victims, because when you don't, 0:12:46.520 --> 0:12:50.839 when you have travesties like this, when that's what motivates families, 0:12:51.200 --> 0:12:53.600 especially parents, to go out and take the law into 0:12:53.640 --> 0:12:57.240 their own hands and start seeking vigilante justice, and it 0:12:57.360 --> 0:12:59.679 really puts you. It technically would still be murder if 0:12:59.679 --> 0:13:02.760 he goes out and intentionally kills this exantest guy. Even 0:13:02.800 --> 0:13:06.720 if that exantust guy killed his child, it's still technically murdered. 0:13:06.760 --> 0:13:09.040 But we don't want that. We want to be in 0:13:09.040 --> 0:13:11.800 a civilized society where victims can count on the criminal 0:13:11.920 --> 0:13:14.880 justice system to deliver at least some semblance. 0:13:14.920 --> 0:13:16.280 You know, it's never a fair trade. 0:13:16.320 --> 0:13:18.920 It's never a fair trade to give up your loved one, 0:13:19.080 --> 0:13:21.400 no matter how long the prison sentences, or even if 0:13:21.440 --> 0:13:24.000 it's a death penalty, because those never happened fast, and 0:13:24.040 --> 0:13:26.439 they never happened with the same cruelty and violence that 0:13:26.920 --> 0:13:29.160 took the loved one in the first place. So it's 0:13:29.200 --> 0:13:31.400 never a fair trade. But there's got to be enough 0:13:31.520 --> 0:13:34.720 justice in that prison sentence that no father is tempted 0:13:34.920 --> 0:13:37.880 to drive down to Florida and execute the man that 0:13:37.960 --> 0:13:38.600 killed his child. 0:13:38.679 --> 0:13:40.240 I can certainly understand that. 0:13:40.440 --> 0:13:42.240 I tell people all the time that if anything like 0:13:42.280 --> 0:13:44.600 that ever happened my daughter, we wouldn't need police, we 0:13:44.600 --> 0:13:48.040 wouldn't need prosecutors, we wouldn't need juries. You know, we 0:13:48.760 --> 0:13:51.760 would take care of it the old fashioned way. But that, 0:13:52.120 --> 0:13:53.640 you know, is speaking from somebody that. 0:13:54.240 --> 0:13:55.400 Knows that that's not right. 0:13:55.480 --> 0:13:58.280 But he's seen hundreds, if not thousands, of parents go 0:13:58.360 --> 0:14:01.520 through the hell that is trying to live after the 0:14:01.559 --> 0:14:03.720 death of your own job. And I don't wish that 0:14:03.760 --> 0:14:06.480 on my worst enemy. And I feel for that family 0:14:06.880 --> 0:14:09.480 of the victim of mister Exantis. 0:14:09.120 --> 0:14:11.000 Well, the father would then be in my view, not 0:14:11.040 --> 0:14:14.120 guilty by reason of temporary and sanity. Anyway, he'd be free. 0:14:14.160 --> 0:14:16.319 But that's a different issue. But I'm reading the Herald 0:14:16.400 --> 0:14:20.800 Leaders story. The story says a state law required Xander's 0:14:21.240 --> 0:14:24.480 release despite the par board voting against his release. So 0:14:24.840 --> 0:14:27.440 the loophole in this law has been corrected, is that 0:14:27.480 --> 0:14:28.080 what you're saying. 0:14:28.880 --> 0:14:34.160 Well, the loophole in that the law applying to the 0:14:34.280 --> 0:14:37.239 law is still there. It still applies to non violent offenders, 0:14:37.480 --> 0:14:40.440 but a false second degree which mister Xantis was convicted of, 0:14:40.680 --> 0:14:44.840 is no longer a non violent offense. So this individual type, 0:14:45.000 --> 0:14:47.880 this individual case, it would never happen again because the 0:14:47.920 --> 0:14:50.640 offense would now be violent. So he wouldn't get the 0:14:50.680 --> 0:14:52.880 benefit of that early release. He would have to serve 0:14:53.000 --> 0:14:55.680 eighty five percent of his sentence before he would even 0:14:55.760 --> 0:14:58.480 be considered for early release, which would be a huffle 0:14:58.520 --> 0:15:00.720 lot more than the seven year years or so that 0:15:00.800 --> 0:15:03.480 he served of his fifteen year sentence before he served 0:15:03.520 --> 0:15:05.960 down And he's done, and he's just kicked out of 0:15:06.000 --> 0:15:10.720 prison six months before he's even served the entire sentence. 0:15:11.080 --> 0:15:14.840 But it's like you're eligible and twenty percent, you serve 0:15:14.920 --> 0:15:17.640 out in fifty percent. And to make it worse, they 0:15:17.640 --> 0:15:20.560 are kicking people out six months before the fifty percents 0:15:20.600 --> 0:15:24.040 even calculated. But that still happens, Willy, in non violent offenses. 0:15:24.080 --> 0:15:26.120 And you know, it'll never happen in a death case. 0:15:26.160 --> 0:15:28.720 It will never happen in a stabbing case. But you know, 0:15:28.760 --> 0:15:31.680 we've had cases I've prosecuted here in Kenton County over 0:15:31.720 --> 0:15:35.320 the years where hundreds of thousands of taxpayer dollars have 0:15:35.400 --> 0:15:39.160 been stolen by you know, dirty bookkeepers and treasures and 0:15:39.200 --> 0:15:42.960 things like that, stolen from the government, stolen. 0:15:42.640 --> 0:15:44.840 From businesses, you name it. People. 0:15:45.520 --> 0:15:49.160 There's still plenty of really offensive crimes that still qualify 0:15:49.160 --> 0:15:51.080 as a non violent offense. So even if you're not 0:15:51.080 --> 0:15:55.000 shooting someone or stabbing someone, and there are still offenses, 0:15:55.200 --> 0:15:58.280 repeat defenders, people that don't learn their lesson, repeat burglars. 0:15:58.520 --> 0:16:00.640 You know, somebody could break into my house with the 0:16:00.680 --> 0:16:03.360 gun hoping to go in and murder me, but I 0:16:03.440 --> 0:16:05.640 wasn't home and they got caught and they had a gun, 0:16:05.680 --> 0:16:08.320 so it's first degree burglar. It's a class B felony, Willie. 0:16:08.320 --> 0:16:10.280 But if I wasn't home when it happened. That's a 0:16:10.320 --> 0:16:13.000 non violent offense. So if you go to a prison 0:16:13.040 --> 0:16:15.200 in Kentucky on a twenty year sentence for a non 0:16:15.280 --> 0:16:18.760 violent offense, you will serve out the sentence in less 0:16:18.760 --> 0:16:22.400 than ten years. And when you get within the end 0:16:22.440 --> 0:16:24.600 of that less than ten year sentence that a twenty 0:16:24.680 --> 0:16:28.920 year sentence really is mandatory release, supervision will still kick 0:16:28.920 --> 0:16:31.360 you out of prison six months early. So the problem 0:16:31.400 --> 0:16:34.400 is still there, It's just not going to be as 0:16:34.440 --> 0:16:38.480 widespread because it doesn't there enough cases where we've changed 0:16:38.760 --> 0:16:41.320 two years ago, changed the definition of violent offense. 0:16:41.400 --> 0:16:43.480 Well, I'm going to have Tony Bender in Boone County 0:16:43.520 --> 0:16:46.280 if he wants to commit a violent slash non violent offense, 0:16:46.520 --> 0:16:48.200 I'm going to have him consult with you first to 0:16:48.240 --> 0:16:50.920 see how get around having a violent offense become a 0:16:50.960 --> 0:16:53.920 non violent defense. Because it appears ten years ago using 0:16:53.920 --> 0:16:56.960 a knife to cut a girl is non violent. However, 0:16:57.040 --> 0:16:59.160 breaking into a home with a gun when someone's not 0:16:59.280 --> 0:17:01.880 present is violent or not violent, but if they're there, 0:17:01.920 --> 0:17:04.560 then it's violent. So before Tony Benner coach menched a 0:17:04.560 --> 0:17:06.560 serious felony, him talk to you first. 0:17:06.560 --> 0:17:08.800 Okay, yeah, you know. 0:17:09.000 --> 0:17:10.639 My first piece of advice is gone to it in 0:17:10.720 --> 0:17:12.560 Kenton County. But then you know, I've got a good 0:17:12.560 --> 0:17:15.639 friend in Boone County named Lewis Kelly who's find commawal 0:17:15.680 --> 0:17:17.560 attorney out there too, So you probably don't want to 0:17:17.600 --> 0:17:18.520 do it in Boone County. 0:17:18.560 --> 0:17:21.080 But yeah, it's enough to make your head spin, Willy. 0:17:21.560 --> 0:17:23.080 But the good news is part. 0:17:22.920 --> 0:17:24.720 Of the spinning is the changing the law, and it's 0:17:24.760 --> 0:17:25.840 been changing for the better. 0:17:25.880 --> 0:17:28.040 So it's frustrating it is. 0:17:28.240 --> 0:17:31.000 The legislature passed this back in twenty twelve, the mandatory 0:17:31.040 --> 0:17:34.680 release supervision. You know, we've had a lot of turnover, 0:17:35.240 --> 0:17:37.359 and we've had a lot of changes, especially in the 0:17:37.440 --> 0:17:40.679 last couple of years in terms of forward thinking Republicans 0:17:40.720 --> 0:17:43.440 who are getting back to being good law and order conservatives. 0:17:43.440 --> 0:17:45.560 And I'm happy to say that everybody in the Northern 0:17:45.640 --> 0:17:50.040 Kentucky Legislative Caucus voted for House Bill five, which fixed 0:17:50.160 --> 0:17:53.600 the definition of non violent offender. But it still hasn't 0:17:53.640 --> 0:17:56.159 fixed that mandatory release supervision, so we still got a 0:17:56.200 --> 0:17:58.359 little more work to do. Hopefully they'll take care of 0:17:58.359 --> 0:18:00.119 it this year. I know I already got some call 0:18:00.240 --> 0:18:04.400 from some local state representatives interested in fixing it. Hopefully 0:18:04.400 --> 0:18:05.760 that will happen come January. 0:18:05.920 --> 0:18:08.920 Oh, we gotta go. But Kentucky pearl Board was very 0:18:08.960 --> 0:18:11.879 smart to get Ronald Xander's out of the state and 0:18:11.920 --> 0:18:13.919 get him to some other state. Let them deal with 0:18:14.000 --> 0:18:15.480 them instead of Kentucky. 0:18:15.840 --> 0:18:18.600 I wanted to in Florida. They have plenty of it. 0:18:18.640 --> 0:18:19.080 They had some. 0:18:19.040 --> 0:18:21.560 Crazy people in Florida's just not in Naples. So if 0:18:21.920 --> 0:18:24.680 Xanders is in Naples, I'm gonna let the sheriff guy, 0:18:24.680 --> 0:18:27.000 guy named Barnes, let him know and call your county. 0:18:27.040 --> 0:18:28.720 We got it crazy. I'm going to give his picture 0:18:28.760 --> 0:18:30.639 to the sheriff, let him send it around. If that 0:18:30.680 --> 0:18:33.400 guy's in call your county. He's going to be followed. 0:18:33.720 --> 0:18:36.399 But Maples is a high rent district for crazy Willie, 0:18:36.440 --> 0:18:38.159 so he's probably in central Florida somewhere. 0:18:38.280 --> 0:18:39.399 I hope, I hope. 0:18:39.600 --> 0:18:39.879 All right. 0:18:40.119 --> 0:18:42.680 Once again, Rob Sanders, great work and thanks for coming 0:18:42.720 --> 0:18:43.800 on The Bill Cunningham Show. 0:18:43.840 --> 0:18:46.000 Thank you, Thanks, Willie, have a great one. 0:18:46.040 --> 0:18:50.120 Hooday, God bless America. Who Day Joe Flacco is Whoday 0:18:50.440 --> 0:18:54.879 on seven hundred WLW, I hit the music, Dave Caton 0:18:54.960 --> 0:18:58.040 hit the music. Let's set up the rest of Today's 0:18:58.040 --> 0:19:00.119 Big Show. It's good to hear that Rob Sanders in 0:19:00.200 --> 0:19:03.520 Kentucky's trying to take care of loopholes in the Kentucky 0:19:03.560 --> 0:19:09.000 parole statute. And seemingly a person in one rage in 0:19:09.040 --> 0:19:11.679 a home can kill a six year old boy with 0:19:11.720 --> 0:19:15.119