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She pleaded guilty in May to complicity to murder for luring her husband to an isolated location in Christian County, where he was shot.She has agreed to testify against Long and won’t be sentenced until after his case is resolved.

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Talley Smith, the Boone prosecutor, said in an email that she “absolutely regrets” her relationship with Detective Bruce Mc Vay, “mostly because of the pain that I have caused my own family and other persons.”But she said the relationship didn't become personal until after the trial of janitor David Wayne Dooley, who was convicted in the murder of Michelle Mockbee, a 42-year-old mother of two whose body was found in an industrial park where she worked.

And Talley Smith, who was and is married to a district court judge, said her “personal mistakes during an extremely difficult period of my life have not impacted the work I have done as commonwealth’s attorney or the rights of any persons prosecuted by my office.”Kentucky Rules of Professional Conduct for attorneys prohibit sex with clients but do not directly address whether prosecutors may have relationships with police officers working on their case.

In Boone County in May, it was interjected in sensational fashion in a case in which a judge vacated a life sentence in a notorious murder.

The case prompted local officials to call for the resignation of elected Commonwealth’s Attorney Linda Talley Smith.

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Even if the victim allegedly consented, that consent will be held invalid and the offender will be charged with statutory rape.

Such invalid consent include: The age of consent laws apply identically to both heterosexual and homosexual conduct.

In Jefferson County, Commonwealth’s Attorney Tom Wine said when a prosecutor is involved in a romantic relationship, the case is reassigned to avoid a conflict.

He cited non-binding guidelines from the National District Attorneys Association that say “the prosecutor should excuse himself or herself from any investigation, prosecution or other matter where the prosecutor’s personal interests would cause a fair-minded, objective observer to conclude their neutrality, judgment or ability to administer the law in an objective matter may be compromised.”In the Northern Kentucky case, Talley Smith’s relationship with Mc Vay was exposed when a law clerk in her office copied documents that included emails between her and the detective in which she called herself “Chiquita Queen.”The records included a text in which Talley Smith said Mc Vay “allowed me to go through a murder trial without telling me the truth” about a surveillance video that showed a possible alternative suspect at the crime scene. Schrand ordered a new trial for Dooley, ruling the defense was entitled to know before trial about the individual on the video.

At the least, prosecutors must disclose the relationship so the defense can use it in cross examining the officer, said Geoffrey Horn, a former military lawyer who teaches at Houston’s Southern Texas College of Law.

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