Guest post by Cheryl Goodall-Martin
Before there was the gavel-to-gavel coverage of Court TV on July 1, 1991, there was minimal transparency or real understanding of the legal process by the average person.
This innovation gave us access to the legal system by bringing drama & intricacies into our living rooms. We ushered in an era that altered the public perception of our legal system while introducing a new era of transparency and arguably entertainment. With this we learned more of the Menendez brothers, OJ Simpson, Rodney King, Jeffrey Dahmer, Timothy McVeigh and William Kennedy Smith.
What about Kentucky? In November of 2024, Governor Andy Beshear introduced his My New Kentucky Home initiative. Beshear said we’re moving forward together, “we’re not looking at the same Kentucky anymore”, that “now is the time to reintroduce ourselves to the world to leave the stereotypes of the past behind us and welcome the world to our New Kentucky Home”.
Beshear promises to stay laser focused addressing real life worries of Kentuckians, like having a good job, affordable & accessible health care, safer roads, the best public education and safer communities. The governor proudly owns that Kentucky has been able to set aside politics by focusing on what’s most important to families and it hasn’t gone unnoticed.
Wanting to “double-down” by pushing out all the toxic noise we get on tv & social media, he says we need to do more. Certainly, there is no argument from many others who currently or formerly called Kentucky their home like me and my family-by blood and by choice. Governor Beshear stands by his beliefs that Kentucky needs to be more thoughtful on how legislation treats those suffering from poverty or addiction, how it treats the homeless or the hopeless. Asking if we recognize the differences between the carrot or the stick is the difference between a feeding or a beating. Beshear says that he’s praying that God grants us the wisdom to see the anger of today as the possibility of the promise of tomorrow. Importantly, the governor asks, “do we make more room at our tables or in our prisons?” Well governor, I’m glad you asked!
Kentucky is one of the few states who do not currently have any Second Look Laws and has been taking no initiative whatsoever to introduce such laws.
What are Second Look Laws?
Second Look Laws or resentencing laws, allow courts to revisit and potentially modify sentences after a person has served a significant portion of their prison term. These laws are designed to address lengthy sentences, particularly those imposed during the “tough-on-crime” era and to consider such factors such as an individual’s rehabilitation and maturity while incarcerated. These laws also pick up where Parole Boards have failed and those good ‘ol boy networks of My Old Kentucky Home may have applied their own forms of justice. Even Ray “the D.A” Larson who was once quoted in the Herald Leader as saying “here we have once again the parole board determining what a sentence is, instead of the jury that recommended the sentence or the judge who imposed the sentence. They are not elected: they’re political appointees”, further stating “it’s just all part of Kentucky’s sentencing scam”. Ironically Larson had his own habit of changing the narrative in order to fit his personal agenda, but he pulled no punches on calling out the inconsistencies in Kentucky’s “sentencing scam”. Our Old Kentucky Home, historically has been less than fair and equitable to our poor and marginalized communities of the Commonwealth. I’m hoping this New Kentucky Home is truly one that can leave behind some of those old stereotypes, setting aside differences coming together to do what’s right and what’s just.
Draconian sentencing practices fueled by the height of our push for mass incarceration continue to take their toll on the citizens of Kentucky. Not having a streamlined process to look at some of these former sentencing practices is costing Kentucky money, resources and jeopardizing safer communities. As the ‘graying’ of our prisons, the growing elderly population raises concerns about cost, ethical implications, and human rights. The sentence of a life without parole is one of the worst criminal justice policies we could imagine because it takes away the discretion to release folks from prison just at the juncture that society would benefit most from that discretion-when the incarcerated person is elderly, infirm, costly and no risk to anyone. In Kentucky, serve-outs have not been exclusively reserved for the worst of the worst but also for folks who did not even commit murder. In Kentucky the Parole Board has ordered serve-outs for folks who did not impress them during a hearing and now expect them to pay for that with their life. Exploiting public fear for political gain only reinforces stereotypes and significantly targets those under sourced & marginalized. Perhaps this was true in My Old Kentucky Home, but it has no place in today’s New Kentucky Home! The inconsistencies on who the Kentucky Parole Board is granting conditional release to is not only costing taxpayers (for example over $47,000 to incarcerate one woman at KCIW, according to Ky Dept of Corrections own ‘Cost to Incarcerate-F24 Report) but according to the Prison Policy Initiative, Kentucky has an incarceration rate of 889 per 100,000, which is higher than that of any independent democratic country on earth!
Recently in the news we have seen where Pennsylvania Governor Shapiro has commuted the sentences of Marie “Mechie” Scott who was locked up for over 50 years for her role in a robbery where her boyfriend killed a man and Danielle Hadley who has been incarcerated for 38+ years. Last month the Menendez brothers had their sentences reduced to 50 years to life. The national spotlight during some of the most tough on crime times brought about a ‘pissing contest’ for political parties and who could show they were toughest on crime. In the end, we all lost. These are our brothers, sisters, mothers, fathers, children and neighbors being thrown away regardless of culpability and rehabilitation. Today, true crime shows are affecting cases.
As I hear these cases highlighted, measured and seen from a progressive lens with the backing of evidence-based practices, I can’t help but think of Karen Brown.
Who is Karen Brown?
Karen Brown has been one of Kentucky’s best kept secrets! Not only a secret but a voice that’s been locked away for nearly 40 years, amidst a media frenzy that twists and turned the narrative for mere sensationalism. But no more. As a nationally growing group of supporters for Karen Brown continues to rise across the nation, her voice, along with many others, is starting to garner attention. Karen Brown has been incarcerated since 1986 when she was 21 years old, a time when she was emerging into adulthood. Karen received a life sentence with the possibility of parole after 25 years. This was prior to Court TV, as our nation was beginning its obsession with crime, murder and court drama. Karen’s case drew national attention from Central Kentucky. It was one of the most infamous cases in Kentucky that took place in Lexington. It was touted as a murder-for-hire by the victim’s wife, alleged lover/drag performer (Karen) and another co-worker for insurance money. In reality, Karen was the unbeknownst target of an opportunity by the victim’s wife, as the fall guy for her sinister plan. A trial that became a media circus distraction with daily crowds on the courthouse lawn to attend a packed courtroom for firsthand knowledge about a case that had swiftly produced a gag order.
Fast forward 39+ years later. Karen has gone from serving a life sentence with the possibility of parole to having been given a “serve-out”. In 2021 the Kentucky Parole Board changed Karen Brown’s sentence to serve the rest of her natural life locked away with no more opportunities at freedom, short of clemency or additional court action. In effect, the Kentucky Parole Board has sentenced Karen to death, a sentence that in 1986 a judge and jury voted against and refused to give her. Prior to incarceration, Karen Brown did not have so much as a speeding ticket. She had been both an outstanding student and athlete, active in sports, student council and the national honor society until an injury contributed to change in her path. The rehabilitation and true story of Karen Brown is one that would put to shame the previous attempts of numerous sensationalized crime shows, podcasts, articles and even a book that sold over 100,000 copies which all regurgitated some of the same false narratives. We’ve not only failed Karen and her family, but we’ve also failed ourselves and the victims as a result as well. Karen was not this big-time drug dealer drag star seducing a married woman that she was made out to be by the prosecution, much less had any knowledge of her co-defendant’s evil plans. In fact, Karen was never a ‘couple’ with her co-defendant and had only known her for 2 months and 6 days the night of the crime. Karen has also never denied the problems or consequences her alcohol & drug use during that brief period of her life had caused and has taken responsibility for her recovery, sobriety and rehabilitation through mutual supports guided by her faith.
With a trial that should have had a change of venue, My Old Kentucky Home was hard at work. In a murder for hire trial, the most logical approach would be to offer a plea deal to the one least culpable. DA Ray Larson had stated on more than one occasion publicly that Karen was least culpable, in fact “duped” by her co-defendant. Larson offered Karen a 15-year plea deal through her trial attorney, who failed to tell Karen, but told Larson that Karen would only take it for a 3-year deal. It wasn’t until that shocked moment when her trial attorney visited her in prison and he sat down and said, “well I guess we should’ve taken the deal, huh?” Karen asking, “what deal?” The plea bargain deal went to the killer and Karen Brown & Liz Turpin were tried together in the courtroom at the same time with separate attorneys. Liz, an articulate con-artist took the stand with her version and Karen remained silent seen staring straight ahead in what I’m sure was disbelief, shock, remorse, scared to death and under the orders of her own attorney, not to speak on her own behalf. Plenty of others were willing to speak, providing misleading information on the case for a reduction in other charges they themselves had pending or as a condition to keep their probation status in good standing. Under duress and threat to her life from the killer, she was not able to go to the police on her own right away. She was the first one to go in and speak with the police, having asked for her attorney to be present, he was not, and the good ol’ boys spoke with her anyway.
In 1997, Karen filed an RCr 11.42 motion to vacate her conviction arguing ineffective counsel. On Feb 4, 1999, the court entered an order overruling Karen’s motion without a hearing. In 2001, a panel of the court entered an opinion reversing and remanding the case back for an evidentiary hearing. In 2 ½ days and 17 witnesses later, the Circuit Court entered an order sustaining Brown’s RCr 11.42 motion to vacate or set aside her conviction ordered by Honorable Judge Gary Payne.
Prior to having been given a “serve-out’, Karen had received one institutional ticket in 35+ years of incarceration. This ticket was about a decade prior to the serve-out and 2 Kentucky Parole Board hearings later and even since her serve-out, has had no additional tickets. Was this one ticket a reminder of some outrageous act of violence cause for serve-out? This one blemish was for giving a close friend a kiss upon hearing she had been granted a pardon by then Governor Steve Beshear.
Before every Board hearing the media frenzy ensued to garner attention to keep Karen Brown locked up. According to an article published in the Herald Leader, not only did prosecuting attorney Ray Larson attend a victim impact statement hearing but so did the presiding trial Judge Armand Angelucci attend, which lends to the unconventional or perhaps ‘conventional’ My Old Ky Home, good ol’ boys. Judge Angelucci told the Parole Board “I saw these two girls. They looked cold. They looked determined. They had crocodile tears”. Judge Angelucci recalled details of the case, including the relationship between Elizabeth Turpin & Karen Brown…..”people stood in line to get in the courthouse to hear this trash, this filth”. Elizabeth Turpin “is probably the most evil, manipulative woman that I’ve ever prosecuted”. Larson said in the case of Elizabeth Turpin and Karen Brown that a jury member told him after their trial that 11 members of the jury had voted for the death penalty and only one had abstained. Elizabeth Turpin & Karen Brown were sentenced separately so that is quite a misleading characterization for Karen Brown. Larson stated it was not a 25-year sentence and he hoped the Board would respect what the jury said. In actuality the judge and jury gave Karen Brown a life sentence with the possibility of parole after 25 years. Kentucky’s Public Safety and Offender Accountability Act, commonly known as House Bill 463 (HB463/RS 532.007 Commonwealth’s Sentencing Policy established that the primary objective of sentencing is to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced. It also clearly states that “the results of a defendant’s risk and needs assessment included in the pre-sentence investigation: and the likely impact of a potential sentence on the reduction of the defendant’s potential future criminal behavior; all supervision and treatment programs provided for defendants shall utilize evidence-based practices to reduce the likelihood of future criminal behavior”. Karen Brown has been a model for how rehabilitation can occur and thrive under some of the most challenging of circumstances.
Exploiting public fear for political gain only reinforces stereotypes and significantly targets marginalized populations. Perhaps this was true in My Old Kentucky, but it has no place in today’s New Kentucky Home! The inconsistencies on who the Kentucky Parole Board is granting conditional releases to, is not only costing tax-payers money but is also depriving a clearly rehabilitated woman who is no threat to public safety a second chance to give back to her community. Karen has never denied having made poor choices as a 21-year-old emerging adult and has continued to accept responsibility for involvement in a horrific tragedy she was present for. When the Kentucky Parole Board grants conditional freedom to those who have clearly questionable behaviors, inside and outside carceral settings while continuing to imprison the likes of a Karen Brown, it’s time the Kentucky Parole Board has a long overdue evaluation on its oversight and education in what authority it does carry. The Kentucky Parole Board does not have legal authority to issue serve-outs, removing parole eligibility in cases in which the legislature and courts have said people would be eligible for parole. This outdated broken system from last century has proven that it is anything but fair, equitable or just for Kentuckians of the Commonwealth over and over again. When can we expect to see this New Ky Home?
First and foremost, it seems very prejudicial and unethical for the presiding judge of a case to appear at this parole board hearing and make such comments. Does this sound like a judge who was able to ensure fairness and adherence to ethical obligations, maintaining impartiality and avoiding conflicts of interest?
Second, there was no (sexual) relationship as accused between the co-defendants and such relationship was never established or proven at trial (because there was none). Was there an attraction? I don’t know too many 21-year-old performing artists who don’t thrive on attention. Yes, folks may have heard of that infamous kiss. It was one that did not last nearly as long as DA Larson melodramatically displayed in the court room and certainly not out of the norm in such a venue on a Sunday night. At that time there were only a few private establishments that provided alcohol on a Sunday night and this one at the Circus had a show the crowd was yearning for.
Third, let’s look at Karen’s last Ky Parole Board hearing on 1/26/2021 with Ms. Ladeidra N. Jones and Ms. Brenda Beers-Reineke with the full board rendering their decision on 2/1/2021.
Simply put, Karen was given a “serve-out”. There were no remarks providing why she was “not a good parole risk at this time”, there were no remarks providing “History of violating conditions of”, there were no “remarks/recommendations” boxes checked regarding any type of recommendation that has been made for her as far as recommended educational, substance abuse programming, mental health assessments, or medical reports or special conditions. Simply put, she was provided “The inmate is not a good parole risk at this time for the following reasons: “Serve Out Time Life Sentence Current MIN”, “Seriousness”, “Violence Involved”, “Life Taken”, “Crime involved firearm/deadly weapon or instrument” These were all static risk factors that would never and could never change through any type of rehabilitation real or imagined. News Flash! Check the record. Karen did not commit violence, Karen did not take a life, Karen did not use or have possession of a firearm/deadly weapon or instrument! I myself, would question the use of “seriousness” of her “crime” due to her having been lured to the scene under false pretenses, stabbed by the killer herself when she tried to flee and then witness to a traumatic life altering event executed by Keith Bouchard!!
According to the Lexington Herald Leader in the Estep article from May 2021, the Kentucky Parole Board had issued an average of 3 serve-outs a year from 1992 up to 2020. By November of 2020, the Kentucky Parole Board had already issued 19 serve-outs during an 11-month period! This was during Covid, a time when the nation’s prison population significantly declined as officials began to take a closer look at the costs to society this mass incarceration had imposed on our nation. Today, there are women currently incarcerated at KCIW who have volunteered for serve-outs and others no longer with a willingness or drive to participate in their rehabilitation, for what? Few if any could ever match what Karen Brown has lived up to and achieved and they know it. What kind of ripple effect will that have on the rest of the moms, grandmas, aunts, sisters and daughters who will be returning citizens at the end of their incarceration having spent years in an environment that doesn’t value programming, rehabilitation and ‘right living’?
At the bottom of the (hearing) document it notes that the only reasons for reconsideration of the decision are: (a) If there is an allegation of misconduct by a board member that is substantiated by the record: (b) If there is significant procedural error by a board member; or (c) If there is significant new evidence that was not available at the time of the hearing. A request based on the availability of new evidence or information shall be accompanied by adequate documentation. The incarcerated person or her legal representative may submit a request for reconsideration within 21 days of the date the final disposition is made. Karen, as a lay person, filed an appeal for consideration within the 21-day period outline in KY PB 10-00(F)(1).
The KY Parole Board reconsideration filed by Karen Brown does indeed call into question factors of misconduct along with procedural errors…KY-PB 1000 F (3) (a)(b). Also bringing to further attention KY PB 10-01H and K (1)(2)(3) extended to subsection L (1-16).
During Karen’s final Kentucky Parole Board hearing conducted by Jones & Beers-Reineke, Karen was not provided with time to fully understand and at times not able to complete her answer without constant interruptions by Jones.
Viewing video of the hearing, now ironically unavailable and ‘supposedly’ non-existing through public records will confirm the aggressive nature in which Jones conducted herself throughout and with inappropriate prejudicial comments. Jones questioned Karen about “some official version” regarding her crime. Karen had not been permitted to provide any testimony during her original trial. Karen only knew the “true version”, the version she was present for and witnessed. In fact, it was this “true version” she was able to testify to, along with 17 witnesses in her RCr 11.42 hearing that Honorable Judge Gary Payne had set aside her conviction entirely!
There was no acknowledgement or clarifying questions asked in regard to her “very low risk” assessment conducted by Kentucky’s own Department of Corrections. The Kentucky Parole Board failed to follow its own policies and procedure in this case or meet the guidelines instituted by the General Assembly. This policy & procedure states the board shall apply one or more factors when recommending or denying parole. A judicial system that claims to value and consider rehabilitation would have considered the following in regard to Karen Brown:
· No prior records
· 1 category write-up in 35 years (which still stands at 39+ yrs despite serve-out)
· Good report from staff
· No drug usage during incarceration
· No prior probations
· Since last board appearance, obtained a Master’s Degree in Education
· No violent behaviors
· No mental status instabilities
· Community acceptance as evidenced by support letters and solid re-entry plans
· Nothing showing a detriment to public safety
In Kentucky, parole consideration is discretionary but should not be arbitrary. Parole laws, regulations, policies and procedures create an expectation of parole if an incarcerated person fulfills the criteria. Unlike her co-defendant, Karen did not have repeated behaviors resembling the crime. The board has been fully aware of the differences, as they acknowledged in Liz Turpin’s parole hearing, also available through Kentucky’s Open Records Request. The Kentucky statutes create a presumption of parole release and expectation if there are no findings to justify a deferral. Kentucky parole procedures use “shall” not “may” in its language.
Does the Ky Parole Board believe that no one who has committed a violent crime deserves parole? No, in fact double murderers with poor institutional records were released that same year. Does the Ky Parole Board believe a prosecutor’s version is fact, even though one day he states that Karen was “manipulated” and “duped” and changes his word the next day? Is the Ky Parole Board saying that every new hearing brings only one matter, the seriousness of the crime? The same Ky Parole Board released a woman who was convicted for killing her husband by stabbing him 75 times and was allegedly paid to execute a ‘hit’ on Karen. This same Ky Parole Board released a woman in 2020 sentenced in 1987 to Life with Parole for a robbery, burglary, and double murder of her mother and stepfather. The Ky Parole Board released another woman in 2018 with a sentence to life in prison without the possibility for parole for 25 years in 1987 for kidnapping, robbery, rape, and strangulation.
The Kentucky Parole Board was created to oversee the legislative grace of parole. The application of seriousness of the crime leaves no chance of parole in this case. New Board members hear or read the tragic details, and each time disregarded every ounce of rehabilitation Karen Brown has undergone. Karen and many supporters who are still alive after 40 years ask that every factor be reviewed and that all conduct and procedures be taken seriously in consideration of her appeal. How could she have held down a 6 ft + male down who was struggling with Keith Bouchard and not get cut? Why was there no blood of the victim found on her clothes? How were there no handprints, fingerprints, etc of Karen’s not found in the foyer? Karen Brown admitted that just being present and being with Keith Bouchard and Liz Turpin has made her responsible. She has taken her responsibility, yet in the Board’s decision, she has deserved the same sentence as the ‘master mind’ and the ‘violent killer’. Karen Brown has been the only one of the three who has shown that she has been more than remorseful, more than goal-oriented and ready to be an asset to her community.
What is Kentucky hiding? It’s Old Kentucky Home? Governor Beshear is shedding that image and that’s no secret! Continuing to lead according to his faith and belief in second chances that he speaks of often as a future in the vision of a New Ky Home. What about Karen Brown? She doesn’t deserve to be anybody’s secret! A voice locked away for nearly 40 years, humbled with her existence, living in forgiveness providing services and structure that few women have known. As an eager young woman yearning to fulfill her passion, finding purpose and belonging has reached redemption. Today in her 60’s I believe we can celebrate and embrace Karen, revering her guidance and symbolizing wisdom, maturity and the culmination of life experience thus far.
Karen quietly continues her journey. She deserves to be nobody’s secret, never has never will. Karen without interruption, stays active with correspondence courses, her music ministry, leading worship, counseling peers, conducting Bible studies, cleaning bathrooms, toilets, showers, often displaying those waxing and buffing skills on the floors, setting up and coordinating sound systems, volunteers in the prison hospice and more, day in and day out. After nearly 40 years she is now earning $1.97 per day!!! That is less than 25 cents an hour for an 8-hour day! This surely speaks to My Old Kentucky Home values and brings to mind the 13th Amendment to the U.S. Constitution “abolishing slavery and involuntary servitude, except as punishment for crime”. This does not sound like the New Kentucky Home Governor Beshear is striving for and speaks loudly to where some of these changes need to occur.
As we approach the 40-year anniversary for a 21-year-old kid, temporarily misguided, who has long emerged into adulthood as a gentle humbled soul in her 60’s we are reminded. Like Governor Beshear, Karen Brown also has her faith dictate the work she does. I was recently reminded by Karen of the special significance of the #40 in the Bible…God flooded the earth for 40 days & nights-then the Lord gave a rainbow….Moses fasted for 40 day & nights-then the Lord gave the Ten Commandments…The Israelites wandered the desert for 40 years-then the Lord gave them the Promised Land….Jesus ascended to heaven 40 days after the crucifixion….and He sent the disciples out to share the gospel. Let’s have 40 celebrate transformation, new life, new growth and a new freedom for Karen Brown who has given life and her life for many others. Let’s get this New Kentucky Home into action.
Who will speak for Karen Brown? I will, we all should and as that secret becomes to emerge and blossom, I’m sure we will be hearing her voice soon and what a voice we shall hear! Karen’s no longer anyone’s secret. I will make sure of that! It wasn’t right then, and it isn’t right now. Old Kentucky’s Best Kept secret is about to emerge, birthing a voice locked away for much, much too long. Let’s allow Karen the freedom she has long deserved! #KyFreeKarenBrown!
