Although in court for a shock probation hearing, a judge says convicted sex offender Lynda Chase may not be eligible due to Kentucky law. Even so, nearly two hours of testimony followed in which her defense was hoping to site medical problems and lack of treatment proved her life was on the line if she stayed behind bars.
"When you have somebody with a medically compromised situation of Lynda Chase, they deserve the same standard of care as someone on the outside;" explained her attorney, James Baechtold.
Since being paralyzed in a car accident more than 30 years ago, her defense argues she needs special care when it comes to emptying her bowels. Chase uses colostomy pouches and catheters. With no help in the Peewee Valley prison over the last two months, they say its causing major medical problems, including leakage.
Chase's sister testified she and her mother had helped the 37-year-old daily, since she has a rod in her back and can't help herself.
But as the defense painted the picture of mistreatment and negligence, the prosecutors took the opportunity to remind the court why she was there.
"You understand, do you not, that she was able to get herself in a bed and have sexual intercourse with a 15-year-old boy, right," Prosecutor Jennifer Smith asked while Chase's sister was still on the stand.
In closing arguments, Baechtold said "I don't think she's getting what she was guaranteed in court in terms of condition."
The Circuit Court judge says he's taking both sides under advisement as he looks at the law to see if Chase can get shock probation. If she's denied, Baechtold says he'll push for home incarceration.
Chase was sentenced to three years exactly two months ago.