It looks like we're never going to find out, for sure, who was behind the inflammatory, anti-gay flyer that cost Ken Herndon the May 2008 primary in the 6th District.
However, Herndon's 14-month investigation into the matter sheds some light on what might have happened.
Herndon's document, filed in District Court, includes the results of what he found out through several depositions and evidence discovered in the case. Herndon, while closing the case for now, is leaving open the option of re-opening the case if new evidence surfaces.
Herndon told me he couldn't come up with a "smoking gun" that would move the case forward. But his court filing points directly to then-Metro Council president Jim King and the campaign of opponent George Unseld, who won the election in the Old Louisville district by 112 votes.
King has taken, and passed, a lie-detector test asserting that he knew nothing of the flyer before it was distributed. Herndon says that Matt Conway, the attorney general's brother who at the time worked for King, saw a copy of the flyer on the Councilman's desk well before it was distributed.
He signed an affidavit saying so.
Herndon presents compelling evidence that the flyer that was mailed had many similarities (postmark, addressee) to other mailings done by Unseld's campaign. There's also a $3,685 mailing expense for which the campaign has no receipt, that was paid for just in advance of the flyer being mailed.
This is all laid out in depositions taken from the Unseld campaign's treasurer and assistant, and a mailhouse operator that processed Unseld's campaign mailings.
The whole filing is available for your perusal here. You should take a look.
LEO, which has been on the story from the beginning, also has an analysis of the newest developments.
Unseld has never done a thing for Old Louisville or me that I know anything about. Maybe he helps out people to the south and west. I wish they gay guy had one.
I understand how to gay people kissing might make someone feel uneasy but the truth is ,if you have followed this store, Herndon's, the "gay guy", head was cut and paste on the shirtless man. I dont think that it would matter to people who have issues w/ two people of the same sex kissing because the thought of him being gay would probably sway the vote away from him but then again his opponent couldnt just come out and say "DONT vote for this guy cause he is GAY" now could he ... its pretty sleazy all the way around ...