Prosecutor's Race: Candidates differ over get-tough approach

By Matt Batcheldor
mbatcheldor@courier-journal.com
The Courier-Journal

The winner of the Floyd County prosecutor's race will determine what the consequences will be for accused criminals, and that may decide what the consequences will be for the overcrowded county jail.

Keith Henderson, the 45-year-old Republican incumbent, said his get-tough approach has sent more repeat offenders to prison and deterred other crimes.

Lee Cotner, his 44-year-old Democratic challenger and a New Albany defense attorney, said Henderson has overreached, cost the taxpayers thousands and caused overcrowding at the jail.

In his first four-year term, Henderson has discontinued much of the pretrial diversion program used by predecessor Stan Faith -- saying it was overused -- and now offers it only for traffic offenses and other misdemeanors.

He cracked down on criminals, especially violent ones, repeat offenders and drug dealers. He stopped diverting DUI offenders, and raised the DUI conviction rate from the lowest in the state to the upper half. His get-tough approach has deterred crime, he said.

"I've sent a clear-cut message to drug dealers that this isn't the place to come," he said. "I have no tolerance for violent felons."

Cotner said Henderson's insistence on filing felony charges for offenses such as minor theft -- charges that will likely be reduced later -- is unnecessarily filling the jail. Such serious charges don't allow suspects to immediately post bond, he said.

When Henderson took office, the jail had about 130 people, but in a few months that number grew to more than 230, the state-mandated limit. This year, it has had as many as 300 people.

"I think he's costing the county a lot of money in public defender fees," Cotner said, "because everything is filed as a felony. … If they steal a Coke out of a thing, they get a felony."

Read more on this important race at the Courier-Journal.com