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Legal expert Bennett Gershman of Pace University Law School is featured in "Courier Journal" with other legal experts

02/16/2018

Legal expert Bennett Gershman of Pace University Law School is featured in "Courier Journal" with other legal experts

Courier Journal: "Family's plea: Erase rape charges against our dad before he dies"

by Andrew Wolfson

From "Courier Journal:"

With their father’s mind slipping away to dementia, the family of retired businessman Billy Joe Miles wants one thing: charges of rape, sodomy and bribery expunged to restore his good name before he dies.

The prosecution last month announced plans to dismiss the indictment of the former University of Kentucky board chairman after his accuser's stories about being threatened and targeted by vandals proved untrue.

But Kentucky Attorney General Andy Beshear’s office says it won’t dismiss the case permanently, or “with prejudice,” as the legal term is known. That means Miles, a once-prominent Owensboro civic leader, is ineligible for expungement.

Terry Sebastian, a spokesman for Beshear’s office, declined to say whether it still hopes to prosecute Miles. Nor would he say if prosecutors still believe the 30-year-old home health worker who says she was raped.

Sebastian would only say that “out of respect for all victims, seeking dismissal without prejudice is the standard practice of our office, and is the default under Kentucky law.”

Legal experts say it's legally and ethically up to prosecutors to determine how to dismiss charges. But law professors Bruce Green of Fordham University, Bennett Gershman of Pace University and Laurie Levenson of Loyola Law School in Los Angeles said refusing to permanently dismiss a case that can never be tried can be an abuse of discretion.

Read the full article.