Published: December 18, 2008 12:23 am      

Charges against Carter jail employees dismissed

GRAYSON — A judge has dismissed charges against two current employees and one former worker at the Carter County Detention Center after a special prosecutor failed to state reason why he should not do so.

Special Judge John R. Cox of Morehead on Tuesday entered an order granting a motion by defense attorneys Michael Fox and Andy Markelonis to drop misdemeanor official-misconduct charges against their clients, Florence Lorrain Savage, 53; John Fannin II, 25; and John Clifford Estep, 28.

All three were arrested in May after a Kentucky State Police investigation revealed that they had allegedly engaged in inappropriate behavior during the course of their employment at the detention center.

Savage’s alleged actions led to two inmates being injured when they were assaulted by fellow prisoners, according to the KSP. Estep, who was Savage’s supervisor, allegedly failed to report those violations. Fannin was accused of allowing an inmate access to the jail’s control room and to a jail radio.

Savage was charged with first-degree official misconduct; Estep and Fannin with second-degree official misconduct.

All three defendants were scheduled to stand trial Dec. 2 in Carter District Court. However, according to Cox’s dismissal order, the special prosecutor in the case, Lawrence County Attorney Michael Hogan, was not present in the courtroom at that time.

Hogan did send an assistant from his office, who was “very professional, but had little knowledge of the case,” Cox, a retired district judge, wrote.

Prior to the trial date, Cox wrote, he was provided with a copy of a diversion agreement, under which the defendants would plead guilty, but have their records expunged after 90 days provided they did not break the law again.

Hogan’s assistant did not know the reason for the diversion agreement, according to the order. However, the defense attorneys told the judge it was being tendered because the prosecution’s chief witness had recanted his allegations against the defendants, both verbally and in affidavit form.

That being the case, Cox questioned why the charges were being diverted, rather than dismissed outright. He then issued an order giving Hogan 10 days to file a pleading justifying the diversion, rather than a dismissal.

Hogan’s assistant told the judge that Hogan was in California but 10 days was sufficient time for him to comply with the order, Cox’s dismissal order states.

However, Hogan never responded to the order, Cox wrote, leaving him with no choice but to grant Fox’s and Markelonis’ motions for dismissal.

The charges were dismissed with prejudice, meaning they cannot be refiled.

Hogan did not respond to a telephone message left at his office Tuesday seeking comment on the case.

Savage and Estep are both still employed at the jail. Fannin had left his job at the detention center prior to him and the others being charged. He is now employed as a court security officer with the Carter County Sheriff’s Department.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.