Conner to serve 31 years

By Brian Smith
Register News Writer

July 03, 2009 04:18 pm

— Jessie Brian Conner will serve the 31 years in prison a Madison County jury recommended following his trial in May, but because of an unclear decision by that jury, Conner will be eligible for parole earlier than expected.
In a calmer fashion than his last court appearance, Conner appeared in Madison Circuit Court on Thursday for his formal sentencing on charges he raped, sodomized and assaulted his now ex-wife after breaking into her Berea home in October 2008.
Conner’s trial ended on May 28 with bailiffs and Berea police officers dragging the 29-year-old from the courtroom after he directed a verbal outburst at the victim.
State sentencing guidelines require that at least 85 percent of a sentence for a violent offense be served before becoming eligible for parole. Conner was convicted of two violent offenses, first-degree rape and first-degree sodomy, and the jury sentenced him to 20 years on each charge. The jury also sentenced him to 10 years for first-degree burglary and five years for assault under extreme emotional distress.
Because the verdict form returned by the jury did not indicate what parts of those sentences would run consecutively or concurrently, prosecutors were required to recommend to Madison Circuit Judge William G. Clouse that the violent offense sentences run concurrently for 20 years total.
The burglary sentence will run consecutively to the 20-year sentence, and one year of the assault sentence will run consecutively to those sentences for the 31-year total.
Conner’s attorney, Eric Ashley, filed a motion before the sentencing asking for a new trial. Ashley claimed testimony presented during the trial about Conner leading police on a pursuit that ended in a standoff was prejudicial toward his client.
Prosecutors had agreed to sever charges of fleeing or evading police, witness tampering and violation of an emergency protective order before the trial.
Clouse denied the motion for a new trial, and Assistant Commonwealth’s Attorney Jennifer Smith asked the court to dismiss the fleeing and tampering charges.
Conner pleaded guilty to the misdemeanor charge of violating the protective order and was sentenced to 12 months, which will run concurrently with his other sentences.
Ashley also unsuccessfully asked Clouse to run the state prison time concurrently with a 41-month federal prison sentence Conner received for conspiracy to possess oxycodone with the intent to distribute.
Clouse reminded Conner that he will be required to register as a sex offender following his release from prison because of his convictions for rape and sodomy.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.