What’s Inside A ‘Derby Pie’? Maybe A Lawsuit Waiting To Happen | WABE 90.1 FM


What’s Inside A ‘Derby Pie’? Maybe A Lawsuit Waiting To Happen | WABE 90.1 FM

http://wabe.org/post/whats-inside-derby-pie-maybe-lawsuit-waiting-happenDerby-Pie is said to have been created by the Kern Family in 1950 as the signature item for their restaurant, the Melrose Inn. He says Grandma Kern started out baking three pies at a time, leaving them on the windowsill to cool. In 1960, the Kerns closed the Melrose Inn but kept the pie business.

Ask anyone in Louisville, Ky., what to eat and drink during the Kentucky Derby, and chances are good they’ll tell you two things: mint juleps and “derby pie.”

For 24 years, Susan Fouts was a hostess at the Science Hill Inn, a restaurant in Shelbyville, Ky., outside of Louisville. Fouts says she and her co-workers served lots of what they called “derby pie,” until one day when Science Hill received a cease-and-desist letter in the mail. The letter said that the name “Derby-Pie®” was a federally registered trademark of Kern’s Kitchen in Louisville.

“We were threatened,” says Fouts. “And we never, never mentioned ‘derby pie’ again.”

What’s commonly call a derby pie is like an embellished pecan pie: sticky, sweet filling made with bourbon and chocolate chips, covered by a hard nut top and a pastry crust. Ironically, Kern’s recipe is made without bourbon, and it uses walnuts instead of pecans. Derby-Pie® is said to have been created by the Kern Family in 1950 as the signature item for their restaurant, the Melrose Inn.

Not everyone backed down as easily as Science Hill did. Rick Paul has been managing the White Light Diner in Frankfort, Ky., since 1991, and he’s been sued twice by Kern’s Kitchen. When I asked how long he’s been making derby pie, he was quick to correct me.

“I don’t make a pie that I call derby pie,” he says. “I make a Kentucky Bourbon Pie.”

ABA honors Kentucky lawyer John M. Rosenberg for efforts in providing access to legal services – Floyd County Times – floydcountytimes.com

WASHINGTON – John M. Rosenberg, former director of the Appalachian Research and Defense Fund of Kentucky (AppalReD), received the American Bar Association Grassroots Advocacy Award for his longtime service and his outstanding work in providing access to legal services on Wednesday night.

Rosenberg served as director of AppalReD from the time it first received funding from the Office of Economic Opportunity in 1970 until he retired almost three decades later. The largest legal aid organization in Kentucky, AppalReD provides free legal services to low-income residents in eastern and south central Kentucky, each year helping approximately 6,000 clients to obtain work, adequate food, health care and housing. In issues ranging from employment discrimination to protecting victims of domestic violence, Rosenberg has been a stalwart advocate.

Prior to his work at AppalReD, Rosenberg served for eight years as a trial attorney and section chief in the Civil Rights Division of the U.S. Department of Justice, litigating discrimination cases in the deep south. He was part of the team that prosecuted the murderers of the three civil rights workers who were killed in Philadelphia, Miss., in 1964.

Read more . . . 

Attorney: Jefferson County Sheriff’s Office ‘not accurate’ in response to judge’s harassment claims – WDRB 41 Louisville News

Attorney: Jefferson County Sheriff’s Office ‘not accurate’ inresponse to judge’s harassment claim – WDRB 41 Louisville News

http://www.wdrb.com/story/28922776/attorney-jefferson-county-sheriffs-office-not-accurate-in-response-to-judges-harassment-claimsLOUISVILLE, Ky. (WDRB) — An attorney for District Court Judge Stephanie Burke on Tuesday criticized the Jefferson County Sheriff’s Office, saying the department hasn’t been transparent in its response to his client’s repeated allegations of misconduct by a top deputy.

In an interview, Thomas E. Clay said that statements made in a WDRB News story Monday by Lt. Col Carl Yates, a spokesman for the department, “which indicate that the sheriff and members of his command staff had no knowledge of this matter are not accurate.”

And Clay called for Sheriff John Aubrey to investigate the conduct of Maj. Gerald Bates and turn over any documents the office has involving the judge’s complaints.

Grand jury decides not to indict Chris Jones and co-defendants in rape case – WDRB 41 Louisville News

Grand jury decides not to indict Chris Jones and co-defendants in rape case – WDRB 41 Louisville News

http://www.wdrb.com/story/28931246/grand-jury-decides-not-to-indict-chris-jones-and-co-defendants-in-rape-case2Jones was charged with two counts of rape and two counts of sodomy. The complaints filed against those two men indicated three people wereinvolved in the alleged incident on Feb. 22. Cox said Jones was projected to be a second-round NBA pick before the alleged incident occurred and barred from being on campus, where he had lived for two years.

WAVE 3 anchor Dawne Gee sues Baptist Health over ‘negligent’ care – WDRB 41 Louisville News

WAVE 3 anchor Dawne Gee sues Baptist Health over ‘negligent’ care – WDRB 41 Louisville News

http://www.wdrb.com/story/28942573/wave-3-anchor-dawn-gee-sues-baptist-health-over-negligent-careLOUISVILLE, Ky., (WDRB) — WAVE 3 anchor Dawne Gee has filed a lawsuit against Baptist Health Louisville over alleged “negligent” treatment she received last May.

Gee claims she went to Baptist on May 20, 2014, with severe leg pain and signs of a “potentially life threatening condition, a blood clot,” but the hospital did not have the “equipment and/or personnel necessary” to perform the necessary tests.

Kirsten Daniel, an attorney for Gee, said “her treatment was unforgivable and cruel. If they were willing to treat Dawne Gee like that, a local celebrity who they used in advertising …how will they treat just a regular person off the street needing regular care? That’s what Dawne is most concerned about.”

The lawsuit, filed Wednesday in Jefferson Circuit Court, claims the hospital “negligently inflicted unnecessary severe pain” on Gee through poor treatment, including failed attempts to insert a needle.

“Ms. Gee screamed in pain as the area around the needle became red and swollen,” the lawsuit claims.

Also, a nurse told Gee that she and her family “were getting on her nerves,” according to the suit.

Gee’s family, according to the suit, ordered that nurse not to touch Gee again and demanded someone else take over.

Retire COA Judge Charles Lester Dies

Retired chief judge was passionate legal scholar

http://www.cincinnati.com/story/news/local/northern-ky/2015/04/29/kentucky-court-appeals-retired-chief-justice-charles-bruce-lester-dies/26615675/Lester, a retired chief judge of the Kentucky Court of Appeals, died Sunday at his home in Bradenton, Florida. He served as chief judge from Dec. 16, 1990, until his retirement. In 1997, he convinced longtime friend and co-judge Anthony Wilhoit, whod retired, to become the executive director of the commission.

The Kentucky legal community, family and friends are mourning retired judge Charles Bruce Lester, whom they describe as a passionate legal scholar, a judge to be emulated and an affable man.

Lester, a retired chief judge of the Kentucky Court of Appeals, died Sunday at his home in Bradenton, Florida. He was 84.

A Campbell County native and former Fort Thomas resident, Lester was a highly respected lawyer in Northern Kentucky before serving 20 years, from Aug. 17, 1976 to July 1, 1996, as a judge on the state court of appeals. He served as chief judge from Dec. 16, 1990, until his retirement. He went on to serve as chairman on the Kentucky Legislative Ethics Commission.

“He was just the best,” said Mary “Kate” Molloy, a senior staff attorney with the Kentucky Supreme Court and 31-year attorney in Northern Kentucky. Molloy worked as Lester’s staff attorney at the appeals court for three years at the start of her career.

Northern Kentucky attorney Mark Arnzen said he practiced against and with Lester when Lester was an attorney and argued cases before the judge at the Kentucky Court of Appeals in Frankfort.

Read more . . . 

Judge John G. Heyburn dies after battling cancer – from WHAS 11

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Judge John G. Heyburn

Judge John G. Heyburn dies after battling cancer

Heyburn, the judge who ruled that same-sex couples in Kentucky have a right to marry has died, according to officials. Judge Heyburn was appointed to the federal judge post by George H.W. Bush in 1992 and also served as chief judge from 2001 to 2008.

According to a statement, Heyburn was battling liver cancer for almost four years when he died from the illness Wednesday. He was 66.

“Not only was Judge Heyburn a fine judge, he was also a visionary who regardless of politics, interpreted the law without prejudice. His decision affirming our right to be married in the state of Kentucky was the catalyst that has led us to the highest court in this nation. There is no doubt in my mind that God has welcomed him home with open arms and a resounding, “Well done my child, well done,” Reverend Maurice Bojangles Blanchard said in a statement released Wednesday.  Read more… 

Judges: Recent Comments by Local Louisville Judge Draw Criticism

From USA Today is the following story about a local judge’s comments on a victim’s impact statement.  For the entire story, click the title below:

Judge Selfie’s’ rebuke of victims stirs racist backlash

LOUISVILLE — He’s been on the bench for nearly six years and plastered so many pictures of himself on Facebook that a colleague dubbed him “Judge Selfie.” But until he criticized the victims of an armed robbery for “fostering” the views of their 5-year-old daughter, whom they said was still scared of black men after two African Americans had held the family at gunpoint, Judge Olu Stevens was largely unknown outside the Jefferson County Judicial Center.

But now the story about that case, first reported in The Courier-Journal, has ricocheted around the world, retold in newspapers from New York to London. And it has ignited a firestorm of criticism of Stevens, some of it ugly, racist and menacing.

For the entire story go to USATODAY.com.

Other stories on-line are:

Was judge’s Facebook comment on victim-impact statement an ethics violation?
American Bar Association Journal Apr 13, 2015, 8:11 am CDT

Judge faces calls to be sacked after he accuses victims in armed robbery case of
Daily Mail – ‎Apr 14, 2015‎

Judge’s rebuke of victims stirs racist backlash
The Courier-JournalApr 17, 2015

Letters | On Judge Olu Stevens
The Courier-JournalApr 15, 2015

Stories via a Google Search.

Law Library Series – On Mel Ignatow, the Man Who Got Away With Murder, but not perjury or infamy will continue on March 12, 2015 in Louisville


Round Three of the panel discussion on the Mel Ignatow interview, conducted by attorney T. Clay, will be presented this Thursday, March 12th. 2015 at the Jefferson County Public Law Library. Reception starts at 4:30 followed by panel discussion and interview at 5:00 pm.  Please RSVP by responding to this email or calling 502-574-5943. 

Double Jeopard by Bob Hill

Double Jeopard by Bob Hill

The Jefferson County Public Law Library has been offering a monthly forum addressing attorney authors, discussions, and timely topics for the legal community and the public.  It has been well-received and is incredibly flexible.  This part of the series began with Bob Hill discussing his book “Double Jeopardy” [click on this link for a description of the book and a chance to buy it directly from the publisher] on the Mel Ignatow murder trial.  We had the opportunity to catch some of his insights into his interview and writing of this book.  

During this discussion, Thomas Clay, Louisville attorney, who was appointed by the federal judge to handle Mel Ignatow’s perjury charges contributed to the discussion immeasurably with comments from his jailhouse interview with Ignatow.

Attorney Thomas C. "T" Clay

Attorney Thomas C. “T” Clay

There was such interest that another forum was scheduled on February 5, 2015 when Attorney T. Clay shared with nearly forty of the library’s patrons more details of that jailhouse interview that he had conducted with Mel Ignatow after evidence was found of his guilt, in the murder of Brenda Sue Schaefer. Mr. Clay was joined by Justice Johnstone and members of his staff as well as Prosecutor James Lesousky.

We were also privileged and honored to hear from those who were also close to this trial – those on the staff of then Judge Martin Johnson (the trial judge).

There was so much to share that another forum was set for February 18, at which time excerpts of the recorded interview put chills in my spine to hear this psychotic and evil man discuss what he had done.

Retired Justice Martin Johnstone

Retired Justice Martin Johnstone

And now, we have what might well be the concluding discussion this Thursday, March 12th where Justice Johnstone, Jim Lesousky, and T. Clay are scheduled to return to again take a look back at what can only be described as a brush with evil and the lingering reflections from a heinous crime nearly a quarter century ago which still is fresh in the hearts and minds of many in Louisville.

However, let us not forget the victim, Brenda Sue Schaefer, and her family who has endured pain and a loss that should be endured by no one.  When Ignatow’s name comes up, think about shooting up an “arrow” prayer for them and all the others who have prosecuted justice for our benefit and which most probably has exacted a price that time will never heal and none of us ever come near to comprehending.

In 2012, the FBI files were released in response to a Freedom of Information Act (FOIA) request by  WLKY (click here for the story, access to the files and the two news stories by WLKY’s investigative reporter Steve Burgin).

News: “Ex-prosecutors at odds on police-caused deaths” – by Andrew Wolfson, Courier Journal Dec. 11, 2014

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Marc Murphy, left; and Dave Stengel, right.

In the wake (or even the midst) of the Ferguson, Mo. fracas, it looks like local ex-prosecutors David Stengel and Marc Murphy were having a fiery exchange of words on their own.  And of course, I missed it!

So, I could not let it go, and am publishing extracts of Mr. Wolfson’s story below.

You can catch the ENTIRE story by clicking on the link (and hopefully, it will be still available)

Ex-prosecutors at odds on police-caused deaths

– by Andrew Wolfson, Courier Journal Dec. 11, 2014

The failure of grand juries to indict white police officers in the deaths of blacks in Missouri and New York has triggered a war of words between former top prosecutors in Louisville — and a debate over whether special prosecutors should be appointed in such cases.

Responding to a Facebook post by former Commonwealth’s Attorney Marc Murphy that suggested police got off in both instances because the prosecutor “was with them in every way, the whole time,” ex-Commonwealth’s Attorney Dave Stengel called Murphy’s conclusion “offensive” and an “easy answer.”

“If you had been in office longer, you would know that,” said Stengel, who defeated Murphy in a 1996 primary.

* * *

Former Commonwealth’s Attorney Nick King, who served in the office from 1992 to 1996, said it’s not that elected prosecutors can’t do a fair job; he said independent prosecutors should be appointed to “promote public confidence in the result.”

And retired Judge Geoffrey Morris, who presided over grand juries that heard evidence in two controversial police shootings, including Taylor’s, also said it is important that they be led by prosecutors who are “not beholden to the FOP.”

But other prosecutors and police said a blanket rule requiring that such cases be farmed out to special prosecutors is unnecessary — and could be counter-productive.

Tom Wine, the current Jefferson County commonwealth’s attorney, said his office has successfully prosecuted police for various crimes — and that when he was an assistant, he prosecuted one for rape.