BY JANE PRENDERGAST
The Cincinnati Enquirer
Mike Partin
Shawnta Robertson
|
COVINGTON -- Lawyers for the man accused of causing the death of Covington Police Officer Mike Partin might pick a fight with Kentucky's attorney general over whether the state's manslaughter law is constitutional.
Attorney Ken Lawson, representing Shawnta Robertson, said Thursday he'll do "whatever else I can think of" to see that his client is not convicted. "We're just going to fight it every step of the way."
The law is unconstitutional in Mr. Robertson's case, he said, because there's no way Mr. Robertson could have known that night as he ran from police officers that his conduct could constitute manslaughter.
Mr. Lawson asked for the grand jury's indictment to be dismissed, but Kenton Circuit Judge Steven Jaeger ruled Thursday that the request was premature. Such a decision should come only after a full hearing of the evidence, the judge said. Mr. Lawson wanted a hearing, but Commonwealth Attorney Don Buring argued that a trial was the proper place for the facts to come out.
The judge agreed, but said Mr. Lawson could challenge the entire law under which his client is charged.
Officer Partin, 25, fell into the Ohio River early Jan. 4 while helping chase Mr. Robertson on the Clay Wade Bailey Bridge. His body was discovered May 18.
Officer Partin's wife, Lisa, listened to the legal wrangling in the courtroom, as did Assistant Covington Police Chief Bill Dorsey. Kenton County Police Officer Brian Kane, the officer who called for help that night on the bridge, sat with his arm around the officer's widow.
Mr. Lawson said he thinks the manslaughter law is constitutional when it is applied to drunken drivers and in other cases where the defendant's actions are more clearly wanton. In Mr. Robertson's case, he said, there is no wanton behavior.
Mr. Buring thinks there is. He defined defined wanton as a "gross deviation" from reasonable behavior and as creating foreseeable risk.
If convicted of manslaughter, Mr. Robertson faces five to 10 years in prison.
"Should Shawnta be responsible for Officer Partin's mistake?" Mr. Lawson said after the court hearing.
MIKE PARTIN PAGE
