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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Wednesday, January 20, 1999

Officials accused of role in jail death




BY SUSAN VELA
The Cincinnati Enquirer

        COVINGTON — A counterpunch has been thrown to match the jab Kenton County officials threw last month in a court battle over the death of a diabetic man, James Franklin, at the Kenton County Jail.

        On Tuesday, Scott Greenwood, an attorney representing the family of Mr. Franklin in a $1 million federal lawsuit — said former Kenton County Fiscal Court members had some responsibility in the June death.

        He did so in a memorandum that responded to former Kenton fiscal court members, who have said in their own set of court documents that they should not pay for any legal costs in the case because they were not aware of James Franklin's medical state and the conditions he endured.

        Fiscal court members' “own knowledge of the law, and their refusal to follow it, coupled with their assertion of ignorance regarding a facility under their oversight authority, supports only two possible conclusions: one, they were "plainly incompetent,' or two, they knowingly violated the law,” the memorandum said.

        In the documents, Mr. Greenwood also contended that Kenton County officials, including former Jailer Don Younger, became responsible for Mr. Franklin's health and safety when they placed him in the jail.

        “The fiscal court defendants' claim of ignorance is inconsistent with the duty to James Franklin, which they assumed when they took him into custody and held him in their dungeon-like jail,” the documents stated.

        Defense attorneys could not be reached.

       



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