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Mark Hebert
March 2008
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A Rose is not a Rose

10:19 PM Tue, Jun 27, 2006 |
Mark Hebert

Former State Police Commissioner Gary Rose was hoping to win a couple million dollars damages in his whistleblower lawsuit against the state of Kentucky.
Instead, he settled the case in the middle of the trial as Justice Cabinet attornies were preparing to present evidence that Rose was engaged in an extramarital affair with a co-worker while he was Commissioner.

The trial began June 19th in Floyd County. That's Rose's home county. He claims in his lawsuit that Governor Patton fired him in 1999 because Rose was a whistleblower, revealing misspending and other dirty deeds being done by the head of Patton's security detail, Trooper Pat Simpson.
At the trial, Rose testified that he was an honest man and a good public servant. But when a Justice Cabinet attorney got ready to question Rose about his relationship with a female state police employee, Rose's attorney apparently concluded his client wouldn't look too good. So a settlement was reached, in principle. Details aren't public just yet. State government lawyers agreed to give Rose some money because they worried that a jury in Rose's home county might still award him cash and attorney fees. Rose's lawyer, Bernie Perfunda, did not return a phone call seeking comment. The trial never got to the guts of Rose's claims. But a Justice Cabinet lawyer, Holly Harris, says there was plenty of proof that Rose signed off on most of the purchases and other moves made by Simpson, making it tough for Rose to claim whistleblower protection. Simpson has claimed all along that Rose was full of it and now wants his name cleared. By the way, Patton appointed Simpson State Police Commissioner after firing Rose. Simpson retired when Ernie Fletcher took office.



4 Comments

Anonymous said:

Way off the Mark!! If the Justice Cabinet attorneys, as you refer to them, were so confident, why did they try to settle before the trial? If they did their work, they should have known that Gary lost the sheriff's election and there was no particular community love for him. And if you had done your work, you would know that Rose had to sign a confidentially agreement to settle. The details of the settlement will never be known since the Justice attorneys want the agreemment sealed. Sounds to me like it's the Justice Cabinet that doesn't want the facts disclosed. If testimony about an affair would have been so damaging, why did the Justice attorneys, as you call them, agree to settle. Why? They had a losing case!!!!! You're wrong about the trial not getting to the guts of the case. Since Patton testified, the guts were displayed. The only part of the case not presented was that of the Justice Cabinet. All of Rose's witness testified. How many Justice Cabinet witness testified? Perhaps none!!! Sounds like you've been dupped, Mark.

Anonymous said:

Wow! I remember when all this went down when Patton was Governor. I thought Rose was a hero in Eastern Kentucky. Did they have pictures?

Anonymous said:

Unrelated, but check this out. Proves Henry is innocent. Also details Pence's nasty deeds.


LEAD EDITORIAL

http://www.kentucky.com/mld/kentucky/news/editorial/14945589.htm

Frightening misuse of federal power

Medicare-billing suit against Henry a chilling example for ordinary folks

Anonymous said:

Sounds like Hebert missed his Pulitzer yet AGAIN.


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