http://www.the-messenger.com/cgi-bin/view.cgi?200011/10+padgett_news.html+20001110 Friday, November 10, 2000 Madisonville, Kentucky Padgett granted probation in felony case ----------
by Garth Gamblin, Staff Writer
garthgamblin@the-messenger.com
(270)-824-3231
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Hopkins Circuit Judge Charles Boteler has sentenced a man to probation for not supporting his children in lieu of reinstating a diversion plan that would have kept a felony off his record. In November 1998, Thomas Padgett of South Orleans, Mass., pleaded guilty to flagrant-non support of his child. The standard sentence in Hopkins County for flagrant non-support is three years, probated for five years on condition of monthly support payments and monthly payments on the arrearage. At the time, Padgett was an executive with a hotel chain. A felony conviction would have meant the loss of his job. About that time, a new law allowing courts to divert first-time class D felonies for a period up to five years became effective. If the conditions of the diversion are followed, at the end of the diversion, the plea is withdrawn, and there is no felony record. If the plan is not followed, it is revoked, and the sentenced is imposed.
Padgett met the criteria for a diversion agreement and was placed on a five-year plan in lieu of a five-year sentence. In addition to support and arrearage payments, Padgett was required to sign court forms prepared by Commonwealth’s Attorney David Massamore. According to motions filed by Massamore, Padgett never signed the forms and his support payments were not received in a timely manner. On Aug. 15, Boteler revoked the diversion and set sentencing for Aug. 22. Boteler also said he would reconsider his ruling if Padgett could prove his June and July payments were made in a timely manner. Padgett was sentenced Aug. 22 to five years. During most of the litigation Padgett has had private attorneys. For the diversion revocation and sentencing, Padgett was assigned Public Defender Michael Ruschell. After the sentencing, Ruschell filed a motion claiming new evidence had been found that the support payments for June and July were paid in a timely manner but had been sent to state offices in Lexington rather than Frankfort. He asked that the judgment and sentencing be set aside. Boteler granted the motion Sept. 13. A motion to reinstate the diversion plan was denied Nov. 1. Padgett was sentenced to three years probation on condition he make $699.60 monthly child support payment and $100 a month toward his arrearage and he pay a $2,500 public defender’s fee. Padgett’s probation was transferred to Massachusetts. In the order denying reinstatement of the diversion, Boteler said Padgett’s actions throughout the case did not reflect acceptance of his criminal misconduct. “The court does not believe that a pretrial diversion is appropriate,” Boteler said. Boteler said a review of Padgett’s history finds that support payments have not been made in a timely manner and that his arrearage has increased since the indictment. ========== See http://padgett.taxexemptchildabuse.net/ for the story behind this article.
Mikey --
Why are these people dead Scientology?
http://www.b-org.demon.nl/scn/deaths

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