Pubdate: Fri, 14 Nov 2003 Source: Lexington Herald-Leader (KY) Copyright: 2003 Lexington Herald-Leader Contact: http://www.kentucky.com/mld/heraldleader/ Details: http://www.mapinc.org/media/240 Author: Lee Mueller, Eastern Kentucky Bureau FBI, STATE PANEL INVESTIGATE PERRY CIRCUIT JUDGE Questions Focus on Court Reporters, Missing Evidence HAZARD - Both the FBI and the state Judicial Conduct Commission are investigating Perry Circuit Judge Douglas C. Combs Jr.'s office. Lawyers and Perry County officials say an order by Combs last spring, asking a former court reporter to explain missing drugs from the evidence room in Combs' office, appears to have backlashed into an investigation focused on the judge. David Johnson, a Hazard attorney who represents Kathy Pratt, the former court reporter who apparently helped trigger the investigation, said he was questioned by a judicial panel, which can sanction or remove sitting judges. In September, Perry Commonwealth's Attorney John Hansen said missing evidence in a drug trial last spring initially attracted federal and state investigators' interest. On April 10, Combs gave Pratt two weeks to produce the missing evidence -- about $1,000 worth of OxyContin pills -- or show cause why she shouldn't be held in contempt of court. On May 5, Pratt fired back a response denying any wrongdoing, but requesting a state police investigation into the use of substitute court reporters in Combs' office. She listed at least five other court reporters, including Combs' wife, Mallory Hurst Combs, and Vicco lawyer John F. Faust Jr., the defense attorney in the drug case. She said Faust had worked as a court reporter for at least eight weeks and had met with clients in the judge's chambers. Pratt said all of Combs' employees knew the key to the evidence room in Combs' office was kept in a basket on a filing cabinet. She claimed "no log or chain of custody" of evidence placed in the room, including numerous guns and drugs, "has been established during my employment." Perry County Sheriff Pat Wooton said this week a new lock has been placed on the evidence room. Johnson said the questions investigators asked him had nothing to do with the judge's order about the missing evidence. "Mainly, they were asking about day-to-day courtroom stuff -- when does the judge show up, how many breaks does the judge take ... they really didn't get into anything else," Johnson said. Wooton said investigators from the judicial panel asked him in September whether Combs had hired any of his deputies as part-time court reporters. He also said the FBI used his office last month to question one of his deputies who serves as a full-time bailiff in Combs' courtroom. "My understanding is that's what they're talking to all these people about," Wooton said. "Apparently, there are people who are being paid, or have been paid in the past with public funds for being part-time court reporters and, I would assume, not doing the job." Carl Sizemore, a bailiff in Combs' court, confirmed he had been questioned by the FBI, but added, chuckling, "I got no comment, Buddy. I sure don't." Attempts to reach Combs for comment were not successful. His attorney, Peter Ostermiller of Louisville, declined to comment. - --- MAP posted-by: Richard Lake