Published: October 13, 2008 06:36 am      

Judge denies injunction on early release

Montgomery: Ruling doesn’t affect Tapp’s injunction

Eddy Montgomery, the Commonwealth’s Attorney for Pulaski, Lincoln and Rockcastle counties, doesn’t believe a ruling in Franklin Circuit Court yesterday will necessarily deter his battle against the early release of prisoners and parolees.

Franklin Circuit Judge Phillip J. Shepherd on Friday denied State Attorney General Jack Conway's request for a temporary injunction blocking the state's early prisoner and parolee release program.

Last month, Pulaski Circuit Judge David A. Tapp issued a temporary injunction barring the early release of prisoners and parolees in the 28th Judicial circuit.

“I don’t see it affecting anything in Pulaski County,” said Montgomery. “What (Conway) asked for is a temporary injunction. It doesn’t mean that ultimately the judge will not issue an injunction. He just didn’t issue a temporary injunction.”

Montgomery asked for a permanent statewide injunction last month.

“We’ll proceed on with our lawsuit just like we have,” Montgomery said. “I think ultimately it will end up at the Kentucky Supreme Court and they will make the final decision. I’m glad the attorney general became involved.

“I’m still going to ask Judge Tapp to impose (the injunction) statewide when he makes his final decision,” Montgomery added. “Both (Tapp and Shepherd) are circuit judges and equally powerful. ... It will ultimately end up in the Kentucky Supreme Court and they will decide.”

Shepherd said yesterday the Kentucky attorney general's office has "raised a substantial question of law" but not enough to grant an injunction. Instead, Shepherd has scheduled a Nov. 10 hearing to hear arguments on whether state officials are properly applying a parole credit toward inmates' sentences.

Montgomery and Conway have sued the state to block the General Assembly's money-saving plan to ease Kentucky's costly prison burden by giving inmates and parolees more credit than normal for time served on parole. Thousands of inmates or parolees — including thieves, sex offenders and murderers — already have been released from prison based on the new "street credit" calculation.

Montgomery and Conway contend the plan is unconstitutional and should be stopped.

“We are disappointed that the court did not take immediate action by issuing a temporary restraining order barring the early release of prisoners and parolees, but we appreciate the fact that Judge Shepherd acknowledged the merits of the case and its impact on public safety,” Conway said yesterday.

“Today’s ruling does not determine whether or not the Kentucky Department of Corrections is violating state law by retroactively applying street-credit time to parolees and inmates or whether this practice has undermined Kentucky’s Truth in Sentence Law,” Conway added. “We’re going to evaluate our legal options and take the next steps necessary to uphold the integrity of our judicial sentences.”

•••

CJ Staff Writer Susan Wheeldon and the Associated Press contributed to this story.