Court of Appeals dismisses press appeal on Lawson case
Bill Nighbert (left) and Leonard Lawson
FRANKFORT — A three-judge panel of the state Court of Appeals has dismissed an appeal by three major media groups asking for the release of a 1983 statement by indicted road contractor Leonard Lawson in a previous criminal case.
The statement — part of a proffer Lawson gave in an 1983 anti-trusat case — was at issue in a current federal criminal case involving Lawson, former Transportation Secretary Bill Nighbert and a Lawson employee Brian Billings. The trio are accused of taking part in a conspiracy to leak internal cabinet estimates on road contracts that Lawson’s companies were set to bid on. All three have pleaded not guilty.
The Courier-Journal of Louisville, the Associated Press and the Lexington Herald-Leader had filed requests under the Kentucky Open Records Act for the 1983 proffer held by Attorney General Jack Conway’s office. A Franklin Circuit Court judge ruled that the media could not have access to the document and enjoined the attorney general from releasing it.
In 1983, Mountain Enterprises, a former Lawson company, pleaded guilty to violating antitrust rules in relation to an investigation of collusion among road builders. Lawson was not charged in the case.
The three-judge panel ruled that the press only named Lawson in its appeal even though the office of attorney general was the custodian of the record and therefore should have been named in the appeal.
Jeremy Rogers, a lawyer who represents the three media companies, said the press plans to appeal the Court of Appeals decision to the state Supreme Court.
– Beth Musgrave
Filed Under: Jack Conway • KY Courts • State Government
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Proper rendering by the 3-judge panel…all based on technicalitis and presumptions by the press to get more negative history on individuals who have frankly contributed more to the well being of the state than caused harm….still more wasted time and effort will be applied via the escalated appeal to the Supreme Court….they’ve got serious crimnal issues to review….get this civil witchhunt off the docket and let ‘em finish the roads !
The press in this state hates Ernie Fletcher, even two years after he’s out of office. The recent editorial about Judge Forester’s ruling about Jim Rummage’s testimony gives proof to that.
The ONLY KYTC employee who should be on trial in this matter is Rummage. He’s the one who took the bribes. The prosecution will have a very difficult time proving the allegations against Nighbert. Based on the evidence leaked so far and/or made public in the court filings, it’s a stretch to prove Nighbert guilty of taking bribes.
I don’t particularly give a crap about what happens to Leonard Lawson, but the ongoing press by the press to get that old affidavit is just another way to try to throw dirt on the Fletcher administration halfway into his (unworthy) successor’s term.
Why do you think my name is Buck Feshear?