vexsss' | ABOLITION NOW/
Kentucky Coalition to Abolish the Death Penalty
P.O. Box 3092 Louisville Kentucky 40201-3092
(502) 636-1330 email: kcadp@earthlink.net — website: www.kcadp.org
State Representative Tom Burch Introduces
House Bill 200 to Abolish the Death Penalty
FRANKFORT, January 5,
200/— Rep: Jom Burch, O- KY Death Penalty Attitudes 2006
Louisville, today announced that
he has filed legislation—House Bill m Not Sure
200—to abolish the death penalty
in Kentucky. 70
"We've seen moves in other # 20-50 Years
states to put the brakes on their | 60
machinery of death.
Kentucky ought to join those | 50 m LWOP for 20
states ae Burch, a wei) ee 30.5%
maker who serves as chairman ot 40
the House Health and Welfare LWOP for 25
Committee. "There's plenty of evi- | 30 Yrs
dence that a growing number of « Life W/O
Kentuckians believe it's time to | 2° Parole
end the death penalty." i
In a press conference with Death P enalty
death penalty opponents this 0
morning in the State Capitol, Death Other than Death None of the
Burch cited results of a 2006 sur- Above
vey conducted by the University of
Kentucky Research Center that
show the majority of Kentuckians QUESTION ASKED BY UNIVERSITY OF KENTUCKY RESEARCH CENTER
don't prefer the death penalty as If a person is convicted in Kentucky of aggravated murder, which of the following
a punishment. punishments do you personally think is MOST appropriate: The death penalty;
Life in prison without parole forever; Life in prison with the possibility of parole for
25 years; Life in prison without the possibility of parole for 20 years; 20 to 50
years in prison with no parole possible until 85% of the sentence is served.
According to the survey, 67
percent of respondents chose
sentences other than the death
penalty when asked to selected the most appropriate punishment in capital murder cases.
"This is the first time that lawmakers have met in regular session since these revealing survey results were released,"
Burch said. "It's time we debate the issue in light of the current attitudes Kentuckian have on the death penalty. There
are clearly other forms of punishment that they prefer."
Burch noted recent news reports that New Jersey is moving toward abolishing the death penalty after a panel that
studied the issue in-depth recommended that the death penalty be replaced with the punishment of life imprisonment
without the possibility of parole. The New Jersey panel also found that it costs more to execute death row inmates than it
does to lock them up for life. "When people look closely at this issue they simply find too many flaws with the death pen-
alty," Burch said. "It's time to wipe it from our law books."
State Senator Gerald Neal, D-Louisville and other State Representatives—David Floyd, R-Bardstown, Jim Wayne, D-
Louisville, Mary Lou Marzian, D-Louisville, and Reginald Meeks, D-Louisville joined Burch at the press conference.
Page 2
February 2007
Chambers Testifies Before Governor’s Task F orce
Governor Ned Breathitt appointed a Task Force on Criminal Justice which took up the issue of the use of the death penalty. The Task Force-
held a hearing on December 10, 1965, during which several testified in support of and in opposition to the continued use of the death pen-
alty. KCADP is happy to publish the testimony below from the Kentucky Council of Churches’ Executive Director, John Chambers. Later that
month, the Governor's Task Force recommended that the General Assembly should abolish the death penalty.
Mr. Chairman, Gentlemen and Ladies, Mr. John Chambers is
quite unprepared because he just read of this thing in the morning
paper and had to change all of his plans and grab up all his material
and get over here as quickly as he could, and because of this | hope,
or, however, in spite of this, | hope | will not be rambling in these
remarks.
But | need, first of all, as the Chairman suggested, to identify
myself - not that that makes any difference to anybody as to just
who | am individually but because of that which | represent. | come
to you as the Executive Director of the Kentucky Council of
Churches. This needs to be explained just a bit. The Kentucky Coun-
cil of Churches is an officially established organization of some
twenty religious judicatories in this State of Kentucky. All of these
are protestant. This represents a total membership of some
600,000 Christian people with 2,600 congregations and they have
taken official action in the matter, passed a resolution that they
would like to have presented to the coming legislature, as it has
been presented in the past. | have copies of that, but the thing |
want to do here is first to make my personal statement, which | am
able to do, | hope, in a connected manner only because | recently
wrote an article dealing with this and | would just like to read this
article. | think it sets it forth in a logical way. Otherwise, | would for-
get some points | would like to present and over-emphasize others.
Anew move in the program to abolish capital punishment brings
encouragement to those who have long sought its removal. For more
than thirty-five years | have joined with many others in the move to
remove capital punishment from our State. This has been done as
an interested individual, as a pastor of local churches, through de-
nominational channels, in our own communion, the Christian Church
Disciples of Christ, and for the past twelve years as the Executive
Director of the Kentucky Council of Churches.
There have been many times when opponents of capital punish-
ment felt that they were fighting alone. They have seen bill after bill
to abolish capital punishment placed in the legislative hopper at
Frankfort only to watch these bills die in committee. They noted a
new trend, however, in the last legislature when a bill by the Rever-
end Herbert Tinsley of Warsaw was actually passed by the House 54
to 9, though it was later bottled up in the Senate Rules Committee.
They find support in the fact that eight states have already done
away with the death penalty. But they are most heartened by the
recent announcements of Governor Breathitt that he intends to ask
the next legislature to remove the death penalty in Kentucky.
Our Governor is to be congratulated on his decision to take a
clear-cut stand on this issue. It not only shows courage of a high
order but reveals a growing conviction that this is the road to greater
respect for man and his rights under the law.
When questioned on this point by a group of ministers during his
campaign for the governorship, candidate Breathitt stated that he
had not at that time arrived at the place in his thinking where he
was ready to approve the removal of the death penalty. | quote this
because | was one of those who questioned him, so | know. He did
tell the writer, however, that he would not veto such a law if the leg-
islature should enact it. He has now stated that all persons under
sentence of death at Eddyville will have their execution dates ex-
tended beyond the '66 legislature until the lawmakers have opportu-
nity to act on his recommendation. We believe that this is a most
commendable action.
Though most major denominations of the United States have in
recent years repeatedly spoken out against capital punishment, as
have nearly all Councils of Churches, along with thousands of minis-
ters, religious leaders, educators, sociologists and criminologists, it
seems important for us to recall some of the reasons behind these
statements and some of the principal arguments they set forth.
Now, here they are:
One. We believe that the death penalty is ineffective as a deter-
rent to crime. This belief is undergirded by the attitude of prison
administrators, chaplains who have close contact with condemned
persons, and those who have had the responsibility of execution
who have expressed their belief that those who commit murder and
other capital crimes are so mentally unstable or emotionally dis-
turbed at the time of their crimes that they give no thought to the
possibility of being executed.
Dr. Thorsten Sellin, of the University of Pennsylvania, noted au-
thority on crime and capital punishment, in 1958 made an exhaus-
tive study of the death penalty for the American Law Institute. His
conclusion: "Anyone who carefully examines this data is bound to
arrive at the conclusion that the death penalty, as we use it, exer-
cises no influence on the extent of capital crimes."
Some authorities even suggest that the death penalty may actu-
ally increase rather than decrease capital crimes since conviction for
capital offenses is more difficult where the extreme penalty is
sought. Increasingly jurors refuse to serve and juries find it more
difficult to reach verdicts in capital cases.
Here | would like to digress to make some statements.
One is that | have personally conversed with chaplains of two
penal institutions or reformatory institutions in Kentucky. | find that
these men are very much opposed. These men who come in contact
with condemned persons are very much opposed to capital punish-
ment. Another thing is with regard to jurors here and the difficulty of
securing conviction. It is extremely difficult to get the right kind of
jury even to try such a case because the persons who have given
most study and thought to this and have arrived at intelligent deci-
sions based upon factual evidence and the best testimony they can
get are the persons usually who must, when questioned by the attor-
neys, say. "| must be excused because | am opposed to capital pun-
ishment." By our present laws we eliminate those persons best
qualified to serve on such juries. We eliminate them from the possi-
bility of serving.
Now, next we believe that capital punishment does not contrib-
ute to the protection of society. Somebody said: "Who is going to
speak for the women or the little seven-year-old child who might be
raped?" | think that the answer is very simple. Capital punishment
does not contribute to the protection of society. We recognize the
right of society to protect itself from dangerous individuals by confin-
ing them for life in prisons or hospitals for the mentally ill but we
hold that this is as far as society has a right to go. After all, who de-
termines who is dangerous and should be executed? Adolph Hitler
decided that a whole ethnic group - the Jews - should be executed
as dangerous, and several million innocent people were shamefully
put to death because of that decision. He represented the State
exercising its right to destroy individuals. We deny that the State has
any such inherent right or that the destruction of such persons is a
protection to society.
Now, we believe that capital punishment discriminates against
the poor, the Negroes and other minority groups. In all too many
cases where accused persons are unable to employ counsel, the
Court appointed attorneys are one, inexperienced or inefficient; two,
have no opportunity to prepare adequate defense; three, do not
have funds with which to secure copies of records trace witnesses
and so on; or four, do not have sufficient interest in the case to do
their best. In contrast with this is the indisputable evidence that
persons with money sufficient to procure skilled attorneys and meet
other necessary expenses of defense are seldom ever sentenced to
be executed. Continued on page 3
February 2007
Page 3
KCADPAnnual Membership Meeting Features Andrea Lyon
KCADP proudly announces that this
year's special guest for the annual
meeting is Andrea Lyon speaking on
the topic, The Death Penalty is a Politi-
cal Tool.
Professor Lyon is currently an asso-
ciate clinical professor of law and di-
rector of the DePaul University Center
for Justice in Capital Cases. A winner
Governor’s Task F orce Hearing
Continued from page 2
We believe that the use of the death penalty has brought about
the execution of unknown numbers of innocent persons. If we had no.
other reason to oppose capital punishment than this, we believe that.
this would be sufficient. Far better would it be to let scores of the
Builty live than to execute one innocent person.
The danger of executing the innocent has been forcefully called to
the attention of our society recently in the book, Punishment Without
Crime. This book tells the story of the false conviction of one Isodore
Zimmerman in the murder of a New York policeman in April of 1937.
Sentenced to be executed, Zimmerman had eaten the last meal had
his head shaved and his trousers legs slit for the electrodes when his
sentence was commuted by Governor Lehman. He continued in
prison, however, for twenty-four years before his innocence was fi-
nally established and he was released in 1962.
Finally, we believe that capital punishment must be opposed on
moral and spiritual grounds. We hold that the taking of the life of
another in retribution is contrary to the laws of God and violates the
basic Christian concepts of the sacredness of life. We join with the
millions of thoughtful Christians who consider the death penalty no
less evil than the evils it seeks to punish. We link hands with the Lord
of Life who rejected the eye for an eye philosophy, and replaced it
with "Recompense not evil with evil, but overcome evil with good."
This is why we call upon people everywhere to join in a concerted
effort to bring about as speedily as possible the abolition of capital
punishment.
of the prestigious National Legal Aid and Defender Association's
Reginald Heber Smith Award for best advocate for the poor in the
country, she is a nationally recognized expert in the field of death
penalty defense and a frequent continuing legal education teacher
throughout the country.
On November 3, 2003, Governor George Ryan announced his
commutations of all those under sentence of death in Illinois. During
his speech, he said of Lyon:
| think it's more than proper also that we're together with
dedicated people like Andrea Lyon, who | had the opportu-
nity to be with yesterday, who's labored long in the frontlines
of trying capital cases for many years and who is now devot-
ing her passion to creating an innocence center at DePaul
University.Andrea Lyon -~ there she is. Andrea Lyon saved
Madison Hobley's life.
Together, she spared the life and secured the freedom of
17 men who were wrongfully convicted and rotting in the
condemned units of our state's prison. Andrea, what you
have achieved is of the highest calling. Thank you, thank you
very much for all you've done.
The annual meeting takes place on February 10, 2007 at 10
a.m. and her presentation will start at 10:30 a.m. after the business
ville.
On Friday, November 9, 2007, she will present on the same
topic for the Diversity Club of the University of Louisville Brandeis
School of Law, This lecture, scheduled for 1:30 p.m. at the law
school on the main campus, is also open to the public.
Race to Execution: a Film
On the evening of Friday, February 9, 2006, KCADP will host a
showing of Rachel Lyon's new documentary, Race to Execution. The
film offers a compelling and original investigation of America’s death
penalty by probing how race discrimination infects our death penalty
system. The site was not known in time for the publication of the
newsletter. Please visit www.kcadp.org for this information.
.
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Order Politics, Religion and Death Today
You can use this form to order your copy of the new book by
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Page 4
February 2007
ith the General Assembly back in session,
now is the time to contact your State Sena-
tors and State Representatives and urge
them to support legislation that reduces or
ends the use of the death penalty.
House Bill 200 was sent to the House Judiciary Com-
mittee, which has a new chairperson, Representative
Kathy Stein. Stein is much more likely to allow her commit-
tee members to debate this bill than was the former chair,
a supporter of the use of the death penalty.
Now is also the time for everyone to call State Repre-
sentatives and State Senators and ask them to support
and vote for HB 200, and for other bills to curb the use of
the death penalty.
Your Voice Needed to Help Pass
Death Penalty A bolition Legislation
Use the number below to leave your personal message.
800-372-7181
If you have access to the internet, you can follow this
bill and others by visiting the website of the Legislative
Research Commission: www.lirc.ky.gov/home.htm. A new
feature allows you to sign up and track legislation that is of
particular interest.
It is helpful to know what legislators say to you, so if
you have a conversation or receive a message back or a
note, please share it with us by phone or email. We will try
to keep www.kcadp.org updated with the latest informa-
tion about the progress of death penalty legislation.
Annual Meeting: Saturday, February 10
10 a.m.—St xxxx,1310 w broadway
Special Guest: Professor Andrea Lyon
Director of Depaul University’s
Center for Justice in Capital Cases.
See Page 3 for More Details
In Memoriam
KCADP offers con-
dolences to Angela
Falls White upon
the death of her
mother, Annette
Mclaughlin, a
dedicated abolitionist
and former chair of the |_ouisville chapter of
KCADP.
And to Doug Stem upon the death of
his mother, |_ois. She was married 59 years to
har sdniving hudband, ahlniatjand was
loving mother of three children, Bobbi, Doug,
and Craig,
Kentucky Coalition
to Abolish the Death Penalty
P.O. Box 3092
Louisville, Kentucky 40201-3092
(502) 636-1330
Email: kcadp@ earthlink.net
Website: www.kcadp.org
If there is no
date on your
address label or
a date prior to
01/31/2007 ,
please take the
time to renew
your member-
ship. See page 3
for membership
form.
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