Monday, April 23, 2007

TOP STORY >>Campbells' fate rests with judge

IN SHORT: Former Lonoke Police Chief Jay Campbell and his wife Kelly were found guilty last week on 51 drug and theft charges and the jury recommended 315 years for Campbell and 304 for his wife. The jury recommended concurrent sentences, meaning that Campbell could be eligible for parole in 10 years and his wife in less than four.

By JOHN HOFHEIMER
Leader staff writer

Special Judge John Cole will formally sentence Jay and Kelly Campbell Tuesday, the conclusion of the two-month-old drug and theft corruption trial of the former Lonoke police chief and his wife.

The jury April 17 convicted the two of 51 charges, finding the former chief guilty of running a continuing criminal enterprise and of conspiring with codefendants Bobby Junior Cox and Larry Norwood to manufacture methamphetamine.

After sentencing Tuesday, “I’ll present a notice of appeal,” said Jay Campbell’s lawyer, Patrick Benca. “He’s entitled to bond. (Cole) will address the issue of bond,” he said.

Prosecutor Lona McCastlain petitioned to revoke Campbell’s bond after the jury recommendations and is expected to try again next Tuesday.

Benca said the defense has 30 days to file for a new trial and that he expects Cole’s interpretation and instructions on the predicate crimes and elements of an ongoing criminal conspiracy.

“We have a number of good issues for appeal,” said Benca, “most compelling is what is the proper interpretation of the criminal enterprise statute?”

On almost every count, the jury recommended the maximum prison sentence for the Campbells, but relented to make recommendations that all charges for each Campbell be served concurrently.

The jury could have recommended that Jay Campbell serve a life term on the criminal enterprise charge, but recommended a 40-year sentence.

If Cole imposes his sentence as the jury recommended, Campbell could be eligible for parole in 20 years, 10 if he accumulated the maximum good time.

Kelly Campbell, who was not convicted of participating in a criminal enterprise and was not charged in the meth manufacture conspiracy, was sentenced to 20 years, could be eligible for parole in 10 years, or in three years and four months if she accumulates the maximum good time.

If his sentences ran consecutively—one after the other—Jay Campbell could serve as much as 315 years, his wife as much as 304 years.

Benca said the jury seemed to be reacting to what they thought was a violation of the public trust by the Lonoke police chief when it recommended in nearly every case the maximum prison term.

The prosecutors drew a picture of the Campbells as a team that preyed on friends, fellow church members and people in ill health or recovering from surgery.

Jay Campbell, a charming and likable man by all accounts, would routinely visit with them while his wife rummaged through kitchen or bathroom cabinets for prescription narcotics.

Campbell, Cox and Norwood allegedly had Ron Adams manufacture methamphetamine as part of a convoluted scheme to determine the whereabouts of Gene Beasley, who jumped bond leaving Cox and Norwood liable for his $150,000 bond.
Although the prosecution spent days establishing that there was a sexual relationship between Kelly Campbell and two inmates in her husband’s keep, when the state rested, Cole threw out those charges.

At the time the acts were committed, it was not technically illegal for a civilian to have sex with an inmate, although it was illegal for an inmate to have sex with anyone except on furlough and illegal for a jail or police employee, like dispatcher Amy Staley, to have sexual relations with an inmate.

The state failed to prove that Jay Campbell stole $15,000 from Ryan Childress, who alleged the former chief confiscated the money.

Campbell presentencing
- Count 1: Jay, running a continuing criminal enterprise, guilty, sentenced to 40 years.
- Count 2: Kelly, participating in a continuing criminal enterprise, not guilty.
- Count 3: Jay, conspiracy to manufacture methamphetamine, guilty, 30 years.
- Count 6: Jay, hindering apprehension or prosecution, guilty, 10 years.
- Count 7: Jay, filing a false police report, guilty, 6 years.
- Count 10: Jay, obtaining a controlled substance from Michael Leszczynia, not guilty.
- Count 12: Jay, obtaining a controlled substance from Scott Cash, guilty, 10 years.
- Count 13: Jay, theft of property, $15,000 from Ryan Childress, not guilty.
- Count 15: Jay, theft of property, $240 from commissary cash fund, guilty, 1 year.
- Count 19: Jay, obtaining a controlled substance, prisoner medications, guilty, 10 years.
- Count 20: Jay, obtaining a controlled substance, drugs used to train dog, guilty, 10 years.
- Count 22: Jay, theft of services, personal work done by Act 309 inmates, guilty, 1 year.
- Count 23: Kelly, furnishing prohibited items to Act 309 inmates, guilty, 10 years probation.
- Count 24: Kelly, furnishing prohibited items to Act 309 inmates, guilty, 10 years probation.
- Count 25: Kelly, furnishing prohibited items to Act 309 inmates, not guilty.
- Count 28: Kelly, furnishing implement of escape, a car trip with Shane Scott, guilty, 1 year.
- Count 31: Jay, hindering apprehension, dispatcher Amy Staley for sex with Scott, not guilty.
- Count 36: Kelly, criminal trespass, Lori Bevill’s home, guilty, 30 days.

Jackie and Donna Moore
- Count 37: Kelly, residential burglary, of Jackie and Donna Moore’s home, guilty, 20 years.
- Count 38: Kelly, obtaining controlled substance, Moore’s home, guilty, 10 years.
- Count 39: Kelly, theft by receiving, jewelry from Moore’s home, guilty, 10 years.
- Count 40: Jay, theft by receiving, jewelry, from Moore’s home, guilty, 10 years.

Mike and Becky Wilson
- Count 41: Kelly, residential burglary, Mike and Becky Wilson’s home, guilty, 20 years.
- Count 42: Kelly, obtaining controlled substance, Wilson’s home, guilty, 10 years.
- Count 43: Jay, residential burglary, Wilson’s home, guilty, 20 years.
- Count 44: Jay, obtaining a controlled substance, Wilson’s home, guilty, 10 years.

Jo Talley
- Count 45: Kelly, residential burglary, Jo Talley’s home, guilty, 20 years.
- Count 46: Kelly, obtaining a controlled substance, Talley’s home, guilty, 10 years.

Rocky and Denise Thompson
- Count 47: Jay, residential burglary, guilty, 20 years.
- Count 48: Jay, obtaining a controlled substance, guilty, 10 years.
- Count 49: Kelly, residential burglary, guilty, 20 years.
- Count 50: Kelly, obtaining a controlled substance, guilty, 10 years.

Kelly Lackey Ratcliff Waller
- Count 51: Kelly, residential burglary, not guilty.
- Count 52: Kelly, obtaining a controlled substance, not guilty.
- Count 53: Jay, residential burglary, not guilty.
- Count 54: Jay, obtaining a controlled substance, not guilty.

Jerry Dozier
- Count 55: Kelly, residential burglary, guilty, 20 years.
- Count 56: Kelly, obtaining a controlled substance, guilty, 10 years.
- Count 57: Jay, residential burglary, guilty, 20 years.
- Count 58: Jay, obtaining a controlled substance, guilty, 10 years.
- Count 59: Kelly, residential burglary, guilty, 20 years.
- Count 60: Kelly, obtaining a controlled substance, guilty, 10 years.
- Count 61: Jay, residential burglary, guilty, 20 years.
- Count 62: Jay, obtaining a controlled substance, guilty, 10 years.

Charlotte Hill
- Count 63, Kelly: obtaining a controlled substance, guilty, 10 years.

Mike and Vivian Brown
- Count 64: Kelly, obtaining a controlled substance, guilty, 10 years.
- Count 65: Jay, hindering apprehension, guilty, 6 years.

Cheryl Anderson
- Count 66: Kelly, residential burglary, guilty, 20 years.
- Count 67: Kelly, obtaining a controlled substance, guilty, 10 years.

Monique Moby
- Count 68: Kelly, residential burglary, guilty, 20 years.
- Count 69: Kelly, obtaining a controlled substance, guilty, 10 years.
- Count 70: Jay, residential burglary, guilty, 20 years.
- Count 71: Jay, obtaining a controlled substance, guilty, 10 years.

Leon and Charlotte Hill
- Count 72: Jay, residential burglary, guilty, 20 years.
- Count 73: Jay, theft of property, jewelry worth $10,000 or more, guilty, 20 years.
- Count 74: Kelly, residential burglary, guilty, 20 years.
- Count 75: Kelly, theft of property, guilty, 1 year.
- Count 76: Jay, theft by receiving, not guilty.
- Count 77: Kelly, theft by receiving, not guilty.
- Count 78: Kelly, possession of paraphernalia to smoke methamphetamine, guilty, 1 year.