---
title: 'ARBITRARINESS: A Death Penalty Prosecution Instead Settles with a Short Sentence After Misconduct is Revealed'
description: 'A prosecutor’s misconduct related to a Kentucky capital murder case led the state to accept a plea bargain with the defendant in which he now faces a…'
canonical: 'https://deathpenaltyinfo.org/arbitrariness-a-death-penalty-prosecution-instead-settles-with-a-short-sentence-after-misconduct-is-revealed'
section: news
date: '2009-06-22T20:55:58-04:00'
updated: '2025-03-14T14:26:39-04:00'
source: 'Death Penalty Information Center'
---

A prosecutor’s misconduct related to a **Kentucky** capital murder case led the state to accept a plea bargain with the defendant in which he now faces a sentence of 10 years with the possibility of immediate parole. Officials say Assistant Commonweath Attorney Ruth Lerner compromised the death penalty prosecution against Cory Gibson by cutting a deal with a witness against Gibson. Lerner had not disclosed a deal made with the witness in a separate robbery case in exchange for his testimony against Gibson. Lerner’s boss, David Stengel, announced Lerner’s resignation, adding she would have been fired if she had not resigned. "This was a capital murder case," Stengel said at a press conference. "We just can't do this kind of work in a capital murder case." Before the capital trial, prosecutors were instructed not to make any deals with the witnesses in Gibson's case. Lerner had insisted no deal was made until a video surfaced showing her informing a judge of the deal reached in the witness’ case. Stengel apologized to the family of the victim for the resulting 10-year sentence, saying “I’m sorry.”

(B. Barrouquere, “[Prosecutor resigns after controversial plea deal](https://www.kentucky.com/181/story/827345.html),” Lexington Herald-Leader, June 11, 2009). See [**Arbitrariness**](/arbitrariness?did=1328) and [**Sentencing**](/death-penalty-sentencing-information?did=895&scid=67).