http://www.chron.com/disp/story.mpl/ap/nation/4111741.htmlFRANKFORT, Ky. — Gov. Ernie Fletcher, criminally charged with rewarding political supporters with protected state jobs, cannot be tried while in office, a judge said Friday as he rejected the governor's motion to throw out the charges.
Special Judge David E. Melcher's ruling creates a legal limbo for Kentucky's first Republican governor in three decades as he seeks a second term next year. Fletcher can't be convicted, but he can't clear his name, either.
"It just creates a continuing cloud," said Jack Richardson, chairman of the Jefferson County Republican Party. "You're running for re-election as an indicted governor, and the charges are still there."
Melcher ruled that Fletcher is protected by executive immunity and cannot be prosecuted while in office. Scott Crawford-Sutherland, the attorney general's top prosecutor, declined to say whether he will appeal.
Barring a successful appeal, the decision essentially stays the case until Fletcher's term expires, unless the Legislature removes him through impeachment.
Fletcher is delighted with the ruling because he can keep looting and rewarding his friends for his term. I would hope the voters would throw him out, but we'll see.
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