Debate continues over convicted killer's sentence - WDRB 41 Louisville News

Debate continues over convicted killer's sentence

Should the Louisville man who killed a sheriff's deputy be released from prison again?  Peter Bard was accidentally released about five years early, but his attorneys say he's served his time in prison.

Bard was released from prison on July 1st.  But state justice officials have said Bard, who was convicted of killing a sheriff's deputy, should have been behind bars for about five more years.

The issue at this court hearing, where Bard was not present, is whether Bard's sentence was miscalculated.  The prosecution says it's not uncommon to have different calculations of a sentence, but they almost always are in favor of the inmate.

Last month, the Commonwealths' Attorney says the office caught the clerical error while looking through Bard's files.

He was supposed to serve a 20-year sentence.  The state says the miscalculation involved Bard being credited for time served before his trial.  But the defense says the original calculation is right.

When Bard was released on July 1st, he was taken to Central State Hospital.  But the state says after the error was found on July 10th, he was taken to the Kentucky State Reformatory, where he remains now.

In 2002, Bard was found guilty of manslaughter, but mentally ill, in Floyd Cheek's shooting death.   There was no ruling Friday, because the judge is questioning if he can rule on how the time credit was amended.

Judge Mitch Perry says he's not confident whether he has jurisdiction, but he will try to figure out quickly whether this case needs to sent to another court.

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