Jefferson County Commonwealth's Attorney Dave Stengel doesn't like the guy who's leading the investigation of the records mess, Court of Appeals Judge Tom Wine.
Chief Justice Joseph Lambert appointed Wine to head a committee that will investigate the actions of the Administrative Office of the Courts. A.O.C. executed an order on November 29th, over the objections of some local court staff, seizing and destroying all microfiche and microfilm of misdemeanor criminal cases that are older than 2001.
Stengel was one of the first to complain, saying his prosecutors could no longer get proof of old convictions that could be used to enhance the sentences of convicted felons.
When Justice Lambert set up the committee to investigate the snafu, he asked Stengel to be on it. Stengel refused, citing a potential conflict because his office will be asked to testify to the group. But Stengel also refused because he and his office don't like Judge Wine and didn't want to be on a committee chaired by him, according to Stengel's top assistant, Harry Rothgerber. Rothgerber says Stengel believes then-Circuit Judge Wine mistreated prosecutors in several criminal cases. Stengel apparently voiced his displeasure with Wine mano-a-mano in a phone call. Rothgerber says the investigation is a waste of time because the conclusion is obvious.....A.O.C. messed up and there's nothing that can be done to retrieve or recreate the needed court records. Justice Lambert did tell reporters that he believes some of the old records that Stengel's prosecutors will need to "enhance" penalties have been saved but an A.O.C. spokesperson won't comment.