Skip to main content

Kentucky’s Highest Court Halts Executions in State

The Supreme Court of Kentucky suspended executions in the state Wednesday, ruling that officials did not follow state law in adopting its procedures for killing inmates.

The decision did not address whether it is inhumane to use a three-drug cocktail in lethal injections, as critics have argued.

The Kentucky case concerned three inmates slated for execution: Brian Keith Moore, Ralph Baze and Thomas C. Bowling.

Mr. Baze’s case made its way to the United States Supreme Court, which stopped lethal injections across the country until last year, when it issued an opinion declaring Kentucky’s death penalty method — using the three-drug cocktail — to be constitutional.

The Kentucky justices said the Department of Corrections must follow the rules of the state’s administrative procedures act in the protocol for lethal injection, which include publication of the details of the procedure and public hearings on the matter.

“The Department of Corrections is required by Kentucky law to promulgate a regulation as to all portions of the lethal injection protocol except those limited issues of internal management that are purely of concern to department personnel,” wrote Justice Lisabeth Hughes Abramson for the majority of the court.

Gov. Steve Beshear issued a statement on Wednesday, saying his administration would “carefully review the decision and consider which steps we need to take.” Kentucky has 36 inmates on death row.

Megan McCracken, a lawyer with the Death Penalty Clinic at the University of California, Berkeley, hailed the Kentucky decision, saying it “will shine light on the lethal injection process and create accountability for the procedures that are used.”

Similar court challenges led to new regulations in California and Maryland, and Nebraska recently published a proposed protocol, Ms. McCracken said.

But Kent Scheidegger, the legal director of the Criminal Justice Legal Foundation in Sacramento, Calif., a group that supports the death penalty, said, “This has nothing to do with the validity of the protocol, avoiding suffering, or transparency in decision making.” Instead, he said, “It is purely a stalling tactic.”

The dissenting Kentucky justices stated a similar view.

In a partial dissent, Justice Bill Cunningham wrote that the court’s decision “turns on a sterile technicality” and would lead to further challenges and delay — “maybe much more delay” — in death penalty cases. Justice Will T. Scott wrote that all three men’s crimes occurred more than a decade ago, and one, 30 years ago.

“These cases cry out for closure. The families of the victims cry out for closure,” he wrote. “Respect for our law erodes when timely punishment is not given its fair place upon the scales of justice.”

Mr. Baze told The Associated Press that he understood that his execution was likely to go forward eventually, but applauded the decision. “It gets us through Christmas,” he said. “That’s a couple of months. That’s good.”

The Kentucky opinion was handed down on the same day that the United States Court of Appeals for the Sixth Circuit, in Cincinnati, refused to stop an execution in Ohio based on a challenge to that state’s protocol for lethal injection.

The convict in that case, Kenneth Biros, faces death by lethal injection on Dec. 8, but obtained a stay of execution based on his argument that Ohio’s old protocol — which used the three-drug method — constitutes cruel and unusual punishment. But because of the shift to a single drug, the court said, “any challenge to Ohio’s three-drug execution protocol is now moot.” It left open the possibility that Mr. Biros or other prisoners might challenge the new one-drug protocol.

Prof. Douglas A. Berman, an authority on sentencing law at Ohio State University, said judges around the country were coming down on opposite sides of the same question and asked, “Where are we going to let the risk of error lie?”

Judges who are uncomfortable with the death penalty, he said, “will usually want to be shown that every possible error, every possible risk of error has been eliminated” before allowing an execution. Others, he said, “will say, ‘close enough for government work.’ ”

Source: The New York Times, Nov. 25, 2009

Comments

Most viewed (Last 7 days)

Florida to execute William Thompson after nearly 48 years on death row

On Sept. 11, Gov. Ron DeSantis issued a death warrant for William Thompson, convicted of the 1976 kidnapping, rape, and murder of 23-year-old Sally Ivester. Thompson, now 74, and another man were staying in a Miami Beach hotel room with Ivester and another woman, according to court records. After Ivester was unable to get money from her mother, the men beat and tortured her, prosecutors said. She died from internal bleeding and multiple injuries. Thompson was convicted in 1978 of kidnapping, rape, and first-degree murder.

Afghanistan | Signs that horrific brutality is set to return

Kneeling next to a ditch, deep in the rugged mountains of Afghanistan, a 22-year-old woman draws her last breath in a 'desert court' before she is shot in the back with an AK-47. Her executioner? Likely her hardline militant husband, in what the Taliban consider an 'honour killing'.  It took less than an hour to decide Najiba had been adulterous – although it has been suggested this accusation was fabricated to protect her husband's reputation. Adultery is a crime that deserves capital punishment under the Taliban's strict interpretation of Sharia law. Fourteen years on from her death, little is known about her story, like many women slowly being erased from the fabric of Afghan society. 

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Alabama | Lethal injection for double murderer set for Thursday after court blocked nitrogen hypoxia execution in June

Alabama plans to execute Jeffery Lee on Thursday via lethal injection after a down-to-the-wire decision by the federal courts halted his death by nitrogen hypoxia in June. In response, Gov. Kay Ivey set the 30-hour window for the execution to be carried out by lethal injection beginning at 12 a.m. on Thursday, September 17, and expiring at 6 a.m. on Friday, September 18. Barring any further court action, the execution will take place at Holman Correctional Facility in Atmore.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.