Lawsuit argues against parole board directive not allowing 'serve out' of life sentences

Emily Adams-Bentley, The Sentinel Echo, London, Ky.
·4 min read

Jun. 16—LONDON — The attorney general has challenged a new Kentucky Parole Board directive, claiming that the policy gives "the worst of the worst" another shot at having their life-in-prison sentences cut short, including that of convicted murderer Stephanie Spitser who kidnapped and murdered her 10-year-old stepson in 1992.

Prosecutors across the state were shocked to learn the parole board had issued the new directive stating that offenders with life sentences can no longer be issued a "serve out" during their first parole hearing. The rule prohibits "serve outs" and defers parole eligibility at that initial hearing for no longer than 120 months or 10 years. This new rule applies to 45 inmates across the state, including Spitser.

Attorney General Daniel Cameron filed the lawsuit in Laurel County Circuit Court Friday on behalf of Kentucky crime victims. The lawsuit, filed jointly with Commonwealth's Attorney Jackie Steele, asks a judge to invalidate the policy, claiming the rule violates both state law and Kentucky's constitution.

"The crime victims and their families affected by this directive have already gone through the excruciating process of one parole board hearing, and they were given assurance by the Board that those responsible for carrying out heinous and violent crimes would spend the rest of their lives in prison without the possibility of parole," said Cameron. "This new directive is a startling reversal by the board that not only disregards the rights of crime victims, but it fails to follow the law. If the directive is allowed to stand, Kentucky families will be forced to relive these terrible crimes, and a dangerous precedent will be established for how the parole board can issue directives and treat crime victims."

The lawsuit seeks a restraining order as well as a preliminary and permanent injunction against the directive. On Monday, a Knox County Circuit Court judge issued a temporary restraining order on the directive.

The suit claims the parole board lacked the legal authority to issue the directive. The lawsuit further states that even if it did have the authority, the board failed to follow the administrative regulation process, which requires a review by state lawmakers and a public comment period.

"A life sentence should be just that," the suit stated. "When the board tells a family that the person who killed their loved ones must serve out their sentence, the person must serve it."

In November 1992, Spitser's friend, Susanne Baker, checked Donald "Scotty" Baker out of Pace Creek Elementary School in Manchester the day before Thanksgiving wearing a wig and using an assumed name. Spitser, who was hiding in the backseat of Susanne's car, strangled Scotty once he got into the car.

The two women then burned and buried Scotty's body in a shallow grave at an abandoned strip mine in Laurel County. His charred remains were found with his school backpack still strapped to him almost a week after his disappearance.

Susanne, who was convicted of kidnapping, reckless homicide and corpse abuse for the role she played in Scotty's death, was released from prison in 2008 after serving 15 years of her 25-year sentence.

For Spitser, prosecutors considered pursuing the death penalty before she pled guilty and agreed to a life sentence with the possibility of parole in 25 years.

In 2017, Spitser went before the parole board for her initial eligibility hearing where the board recommended that Spitser serve out the rest of her life sentence. Spitser is currently lodged at the Kentucky Correctional Institution for Women in PeeWee Valley.

Scotty's mother, Ruth Rose, also endured the 2017 parole hearing where she pleaded that Spitser serve out her life sentence.

"I guess the biggest thing is I thought this was finished," Rose said after learning of the new rule. "That we would never have to go through something like a parole hearing again. Parole hearings are painful, it brings it all back to life again. The families are devastated all over again... It breaks my heart that these families, just like our family, is going to have to go through this."

If the temporary restraining order hadn't been issued Monday, some prisoners previously ordered to serve out life sentences could have received another parole eligibility hearing as early as next month, subjecting the victims' families to a "gut-wrenching experience," the suit said.