KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
DPMF LETTER OF INTENT
June 15, 2011
Dear Friend,
Please find below responses to the questions asked of those applying for a Death Penalty Mobilization
Fund grant. The Kentucky Coalition to Abolish the Death Penalty appreciates the opportunity to
present this information and looks forward to hearing your response.
Sincerely,
Rev. Patrick Delahanty
Chair, KCADP
What policy goal is your campaign or organization trying to achieve and by when?
In December 2006 public polling research by the University of Kentucky determined that 67%
of Kentuckians prefer prison sentences rather than executions in cases of aggravated murder. In
January 2008, the Board of Directors of the Kentucky Coalition to Abolish the Death Penalty
(KCADP) decided to direct more attention to this group of Kentuckians and engage them in the
effort to persuade the Governor and the General Assembly to take actions that limit the use of
the death penalty, and ultimately abolish it entirely. The Board approved a three-year strategic
plan, hired a full-time program director, and proceeded to raise money to implement the plan.
By the end of 2012 we expect one of the following to be in place: a moratorium on the use of
the death penalty; or passage of legislation that limits or prohibits it use in Kentucky.
For what work do you seek funding?
First of all continuing to provide Kentuckians with information necessary to conclude that the
death penalty must be abolished is essential. The grant would allow KCADP to participate in
activities to meet thousands of Kentuckians and provide them this information at public events
and through the use of the Witness to Innocence tour throughout the state.
Second, the grant would allow the opportunity to employ a contract lobbyist at a critical
moment in Kentucky to influence the opinions of new members of the General Assembly and
their leadership. In the past two years there has been substantial change in the membership and
leadership of the Kentucky General Assembly. Many new and recently elected members have
no background in death penalty issues. While all may have an opinion or position, it is not
buttressed with facts, figures, and policy points. With the grant, KCADP will be able to educate
and influence them.
Are you seeking to maintain your capacity at this time or to expand it? If expansion, please
explain.
KCADP is seeking to expand its capacity to do the following. First, KCADP plans to build on
the successful use of the Witness to Innocence project to educate the public in larger numbers
and engage new members. This grant would allow for additional visits by members of Witness.
The grant would also allow us to increase outreach by our presence at Kentucky festivals that
KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
DPMF LETTER OF INTENT
attract large numbers of residents.
The grant also allows us to have a greater presence with lawmakers, especially those recently
elected. A contract lobbyist would enhance the work of grassroots members which we already
use extensively.
What is the external political landscape in your state? Include both political openings that make
your goal more winnable and political roadblocks that could impede your effort.
The political landscape in Kentucky is one that talks tough on capital punishment, but seldom
uses it. There have been four executions in 49 years and two of those dropped their appeals and
asked to be executed. The last study on the death penalty completed in 1966 recommended
abolition and while not adopted by the General Assembly, there were no executions for the next
31 years. Prosecutors seldom seek the death penalty, juries don't seem to like it and public
officials seldom carry it out.
The immediate political climate in Kentucky involves a sitting governor running for re-election
and an incumbent attorney general doing the same. Under Kentucky law, the attorney general’s
job is to request that the governor sign death warrants when warranted by law. The governor
schedules executions when requested by the attorney general unless clemency is granted.
Candidates for high office may believe executions are in the public and political interest. This is
especially urgent in a legal/political climate where as many as five death row inmates are
reaching the end of their appeals.
At the same time, there is a groundswell in grassroots opposition to the death penalty, evidenced
by the fact that since January 2010 four death cases involving the murder and/or abuse of at
least 10 children resulted in lesser sentences. Recent focus on issues such as innocence, the cost
of death penalty cases to states in financial crisis, and fairness present an important opportunity
to address death penalty issues, correct misinformation, and emphasize alternatives; generating
support for abolition in Kentucky.
By the end of the year the report of the American Bar Association is expected to be public and
highlight problems associated with our capital sentencing process. Anticipating this report
legislation is already being prepared to address the expected deficiencies with a Maryland type
bill. One State Senator is offering to introduce an abolition bill; and we fully expect the re-
introduction of legislation to ban the execution of mentally ill persons.
A chorus of Kentucky voices expressing an emerging consensus in Kentucky for punishment
other than death would be an important pillar for use in a clemency petition asking the governor
to recognize Kentucky’s new standard of decency and grant an alternative to the death sentence
when it is clear that the penalogical interest of the state can be accomplished by other
reasonable means.
The legislative body of 100 House members and 38 Senators is not yet ready to abolish the
death penalty. But for more than 20 years, this body has not passed legislation to expand its use,
although bills were introduced to do so on many occasions. And it did adopt lethal injection as a
more humane means to kill.
The use of lethal injection here is halted because sodium thiopental is not available and the
KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
DPMEF LETTER OF INTENT
Kentucky regulations and protocol for executions specifically name this drug, though the
Kentucky Revised Statutes do not. The state continues to seek a source for the drug, but is
avoiding changing the protocol because that would open up the door for public comment and
additional court action. In addition the protocol itself is still under consideration by the court as
to whether or not it is lawfully binding.
Past legislative success, positive polling data, increase in membership, a reduction in the
number of death sentences, doubts about its effectiveness in combating violent crime, a growing
realization that it is more costly than other sentences are all part of creating a climate for
abolition sooner than later. Kentucky will not be the next state to abolish, but it won’t be the last
to do so either. We are truly at a unique point in history because of the groundwork the Coalition
has prepared in the past three years and with the anticipated release of the ABA report.
