NKyTribune staff report
Kenton Circuit Judge Kathy Lape went against the recommendation of a jury and issued a sentence that potentially cuts the jail time for a convicted heroin trafficker in half, based on new legislation enacted by the 2016 Kentucky General Assembly.
Hailey Turner of Nicholasville is now eligible for parole in three years. The sentencing recommendation of 12 years — six years for each of two counts — from the Kenton Commonwealth Attorney’s office and the jury that convicted her would have meant parole eligibility in six years.
Judge Lape decided that Turner should serve both six-year terms concurrently.
According to court testimony, Turner purchased more than six grams of heroin in Cincinnati in August of last year and was headed home when she stopped at a gas station on Buttermilk Pike.
Responding to a call of suspicious activity, Erlanger Police officers investigated and located the heroin in Turner’s handbag.
The Commonwealth’s Attorney’s office states Turner was planning to take the drugs back to Nicholasville, where she could sell them for a hefty profit.
It took a jury less than an hour to find Turner guilty of Importing Heroin and Trafficking in a Controlled Substance, More Than 2 Grams of Heroin
During the sentencing recommendation phase of the trial, Assistant Commonwealth’s Attorney Maria Schletker urged the jury to send a message that Kenton County would not be used as a pass-through route for drug traffickers.
The jury recommended a sentence of six years to serve on each count, running consecutively, for a total of 12 years to serve.
On August 2, Turner appeared before Judge Lape for formal sentencing.
After hearing arguments from both sides, Judge Lape imposed a six-year sentence for each felony offense, to run concurrently (at the same time), for a total of six years. The decision effectively cut the jury’s recommended sentence in half. It also cut Turner’s time for parole eligibility from six years to three years.
In 2016, the Kentucky General Assembly passed legislation designed to ensure those convicted of heroin trafficking must serve at least 50 percent of their sentence before becoming eligible for parole. Prior to the legislation, heroin dealers were only required to serve 20 percent of their sentence before becoming parole-eligible.
Under the previous guidelines Turner would have been required to serve 2.4 years of a 12-year sentence before parole eligibility, slightly less than the three years required under this sentence.
The Kenton Commonwealth Attorney’s office issued the following statement that provides the details that led to Turner’s arrest and culminates with the sentencing by Judge Lape:
On August 11, 2015, Hailey Turner traveled from Nicholasville, Kentucky, to Cincinnati, Ohio, where she purchased over 6 grams of Heroin. Turner then returned to Kentucky, bringing those 6 grams of Heroin into Kenton County. Turner was en route back to Nicholasville where she could sell it for more than double the price she paied in Ohio.
As Turner traveled Interstate 75, the car in which she was a passenger stopped at Sunoco Gas Station on Buttermilk Pike. Erlanger Police were called to the gas station for a report of suspicious activity. Upon arrival, Officers JoshNezi and Joe Scroggins approached the vehicle where Turner was seated. During their investigation, officers located 6.527 grams of Heroin and a digital scale in Turner’s handbag. Officers questioned Turner, who admitted the substance was Heroin and it was purchased from Cincinnati, Ohio earlier that night. Turner was arrested and originally charged with Possession of Heroin.
On September 25, 2015, the Kenton County Grand Jury returned indictments against Turner for Importing Heroin and Trafficking in a Controlled Substance, More Than 2 Grams of Heroin, rather than simple Possession.
The case was called for trial before Kenton Circuit Judge Kathleen Lape on June 28, 2016. Turner showed up almost 30 minutes late for trial, prompting Judge Lape to revoke her bond meaning she would be kept in jail while the court was in recess. Assistant Commonwealth’s Attorneys Maria Schletker and Casey Burns presented evidence on behalf of the Commonwealth during the two day trial. The Commonwealth’s witnesses included Officer Nezi and Director Christopher Conners of the Northern Kentucky Drug Strike Force, an expert in the field of narcotics trafficking. Nezi testified about the facts resulting in Turner’s arrest. Conners testified about quantities Heroin is commonly consumed in as well as the value of the quantities. Conners also said 6 grams was such a large amount of Heroin that it shows Turner intended to traffic in the drug because no one person could consume that much.
The jury deliberated less than an hour before finding Turner guilty on both counts: Importing Heroin and Trafficking in a Controlled Substance, More Than 2 Grams of Heroin. During the sentencing phase of the trial, Schletker urged the jury to send a message to the community that drug dealers will not be tolerated in Kenton County! Schletker also noted there is already too much Heroin in Northern Kentucky without people like Turner bringing even more into the state. The jury recommended a sentence of 6 years to serve on each count, running consecutively for a total of 12 years to serve. Turner must serve at least 50 percent of her sentence before being eligible for parole thanks to legislation passed in 2016 by the Kentucky General Assembly which increased the parole eligibility from the former 20 percent minimum.
On August 2, 2016, Turner appeared before the Court again for formal, final sentencing. After hearing arguments from both sides, Judge Kathleen Lape imposed a 6 year sentence for each felony offense but chose to run them concurrently (at the same time) for a total of 6 years, effectively cutting the jury’s recommended sentence in half.
Turner will be eligible for parole in 3 years.