By Emerson Drake
8/25/11
Tuesday morning at convicted child molester Alfred "Chip" Huskey's probation violation hearing, a normal yet unusual exchange took place. Judge McFadden said "let’s go to the Huskey case." Then Judge McFadden asked "is he here" Huskey's attorney replied "he's in custody." Judge McFadden's response was, "he's in custody, excused. "We'll see him on the 29th."
This exchange could have been heard in court rooms around the court house several times daily. But what made this different is, according to Assistant District Attorney Carol Shipley, Huskey wasn't in custody. Now ADA Shipley is a supervisor and wasn't at the Huskey hearing that day but at our request had checked the official "in Custody" list and Alfred Huskey wasn't on it. She had no comment on what the ADA prosecuting Huskey probation violation might or might not have said.
A knowledgeable court house insider pointed out that Tuesday's hearing was a "records subpoena only" hearing and the defendant wasn't required to attend. So why was McFadden expecting Huskey to put in an appearance?
When a probationer is "violated by their probation officer" they are often picked up and placed into custody immediately awaiting the outcome of their hearing. At that point the P.O. wants the offender to “cool their heels” and spend some time in jail.
Chip Huskey has been given “special treatment” by the District Attorney’s office since his plea bargain. The special deal he received was Huskey wasn’t required to register as a sex offender after he was released from jail despite his having molested a young girl for several years. He was “named” as witness X in the Craig Prescott killing that took place in the County Jail.
If Judge McFadden expected Huskey to be in custody why wasn't he?
Why did the two attorneys intentionally mislead Judge McFadden?
Huskey’s next court hearing is August 29th and you better believe we’ll be there asking questions to ensure justice is served or you will know about it.
And maybe between now and then Judge McFadden will start asking questions herself.
Maybe you should too.
