Thursday, May 16, 2002

Flasher gets time in jail


Chiropractor advertises he is 'kid friendly'

By Jim Hannah, jhannah@enquirer.com
The Cincinnati Enquirer

        BURLINGTON — A Morehead chiropractor who advertises he is “kid friendly” was sentenced earlier this week to 90 days in jail for stalking and exposing himself to adolescent girls in Boone County.

        Robert E. Fluskey Jr., 44, of Olive Hill entered an Alford plea in Boone District Court to the misdemeanor charges of indecent exposure and harassment. A judge ordered Mr. Fluskey to report to the county jail on Father's Day to serve 10 days in jail.

        In an Alford plea, a defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction.

        Under the terms of a plea agreement reached with a county prosecutor, Mr. Fluskey will not have to serve the remaining 80 days of his sentence if he observes the terms of a conditional discharge for two years. Those terms include having no contact with his victims.

        He must also pay $331.90 in court costs and fines, pay up to $4,000 for counseling for his victims and report to Kentucky Alternative Programs (the probation arm of district court) for counseling for a length of time yet to be determined.

        A woman who identified herself as Mr. Fluskey's wife said the couple had been advised by their attorney not to speak with journalists, when contacted at his Morehead office. Messages left with Mr. Fluskey's attorney, Marcus D. Gale of Covington, were not returned.

        Mr. Fluskey, dressed in a dark trench coat, exposed himself to two Boone County girls, ages 8 and 10, as they walked March 3 along Ky. 18, according to police and court records. The two were on their way to meet one of the girls' sister, who was working at a nearby store.

        Florence Police spokesman Lt. John Davis said Mr. Fluskey offered the girls a ride and said something obscene.

        Later that day, security cameras at a Florence grocery store caught Mr. Fluskey following another 8-year-old girl through the aisles, according to court records.

        Florence police said they used tapes from the grocery store's surveillance cameras to identify Mr. Fluskey from the license plate of the vehicle he was driving.

        Five days after the Boone County incident, an advertisement for Mr. Fluskey's chiropractic practice on Main Street in the Eastern Kentucky city of Morehead ran in the town's weekly newspaper.

        The advertisement read: “Did you know that chiropractic is KID FRIENDLY!!” It goes on to say that chiropractic can help common childhood ailments such as fluid retention in the ear, bed-wetting, allergies and sports injuries.

        Mr. Fluskey's plea could be grounds for an investigation by the Kentucky State Board of Chiropractic Examiners, said Beverley White, administrator for the Glasgow-based governing board.

        “But without knowing all the details of this case,” she said, “I can't speak for what the board would do.”

        Ms. White said no previous disciplinary actions have been taken against Mr. Fluskey, who has been licensed in Kentucky since 1993.

        Boone County Attorney Larry Crigler, whose office was responsible for prosecuting Mr. Fluskey, said he believes state laws need to be strengthened so individuals who stalk and expose themselves to children can be charged with something greater than a misdemeanor.

        “Generally, in these cases I would like to see the state law changed to a Class D felony (that carries a penalty of one to five years in the state penitentiary),” he said.

        Another stalking case earlier this year in Northern Kentucky led to similar calls by prosecutors to strengthen laws against individuals who stalk children for sexual gratification.

        In that case, police say a Cincinnati man was caught by security cameras stalking and fondling himself in a department store in Covington's Latonia neighborhood.

        Police were able to charge the man with something greater than two misdemeanor charges only after learning he failed to register as a sexual predator in Kentucky, where he recently had taken a full-time job.

        That man, Clyde Herald, 48, of downtown Cincinnati faces charges in both Ohio and Kentucky in connection with stalking girls in stores throughout the Tristate.

        A Kentucky grand jury indicted him for failure to register as a sex offender on April 12. The trial is pending.

       



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