The Hardin Family Lawsuit against Commonwealth of KY., et al; filed May 14, 2003; Page 9

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FACTS

1. Following a criminal trial that commenced on Dec. 12, 2000, in Jefferson Circuit Court, Division Two (trial court), child [defendant] Aaron Lamar Hardin (Aaron) was convicted of the wanton murder of his 13-year-old brother, Andre, and possession of a handgun by a minor. Aaron was fifteen-years-old at the time of the incident. The criminal case number is: 00CR 0394-2. Aaron was defended by Ms. Gwen Horton, an attorney of the Jefferson County Public Defender’s Office for Juveniles. This was Ms. Horton’s first capital offense case.

2. Ms. Brenda Hardin (Ms. Hardin) is the mother of Aaron. Raphael Allen is the father of Aaron. During the trial both parents closely supported Aaron and closely followed developments of the trial. Having an understanding of the law, Mr. Allen questioned the approach of defense counsel and the prosecutors throughout the proceedings. Both parents continue to cope with Andre’s death, and then the loss of Aaron by way of his incarceration from the highly disputed actions of the Commonwealth’s prosecution and other agencies.

3. This was the first and only charge in Arron’s life. And he and his parents are still being treated for their heavy pain, suffering, and mental duress for three and one-half years, that include the recent events specified in this Complaint.

4. THE INITIAL RELATED CIRCUMSTANCES: On December 27, 1999 as Ms. Hardin visited a next-door neighbor, Aaron, Andre and their friend Michael Graham (Michael) played video games in the bedroom that the brothers shared. When Michael emerged as the victor, Aaron started teasing his brother by refusing to turn-over the game controller, and then a wrestling match ensued. The horseplay continued for several minutes, with Aaron tickling Andre on the bed, with all the boys laughing. THIS ACCOUNT IS AFFIRMED BY MICHAEL

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