KCADP Newsletter No. 4, 1988 February

KCADP

Kentucky Coalition To Abolish The Death Penalty

NEWSLETTER NO. 4

February 1988

HOUSE JUDICIARY-CRIMINAL HEARS TESTIMONY ON HB 392

On Jan 25, Cleveland State University Law
Professor, Victor Streib, testified about
the execution of youth under 18 years of
age. He pointed out that Kentucky has
executed only 11 juveniles, the last one in
1945. Nine of them were Black. In the
U.S., the annual rate of juvenile death
sentencing has dropped from 11 in 1982 to
only 2 in 1987. Since 1981, seven states,
including Ohio and Tennessee, have
established a minimum death penalty age of
18, Other Kentucky statutes use this age
limit as the standard for "age of
majority," donating bodily organs, entering
contracts, writing wills, and marriage.
Since these laws do not presume adult
mental and emotional characteristics,
neither should teenagers be presumed to
think or act like adults for the purpose of
the death penalty. In reality, long-term
imprisonment is a greater deterrent to
juvenile murders than the death penalty is.
Prof. Streib also asked why we would want
to teach our children that killing someone
is the way adults solve problems. Does
this not encourage them to do the same?

Rev. John Bush, Executive Director of the
Kentucky Council of Churches, then
explained how that body, after careful and
thorough examination, has again denounced
the use of capital punishment. The Council
endorses HB 392.

District Court Judge Richard Fitzgerald,
who has years of experience in juvenile
court and teaches juvenile law at UL, spoke
of the possible reluctance of judges to
decide to send youthful offenders to an
adult court where they would face the death
penalty unless HB 392 passes.

The final witness was Mr. Paul Stevens of
Dawson Springs. He spoke of his rage upon
the death of a daughter. Her murderer was
tried and he encouraged the prosecutor to
seek the death penalty. This hatred ate at
him for years. While on a retreat he

finally found peace. He told the hushed room
how he did so. When called to the scene of

the killing, the murderer was passed out

drunk, the bloody knife nearby. He picked
up the knife, and laid it aside. Years
later he realized that, had he really
thought executing the murderer would serve

any purpose, he himself would have done so.

He now works as a volunteer at Eddyville two

days each week. Much time is spent with

death row inmates, some of whom he said,

"are my best friends."

In closing, Pat Delahanty added that HB 392
is a minor change in the law and supporting
this bill should not be interpreted as lack
of support for capital punishment. Mr.
Danny Seum, the bill's sponsor, explained
that, though he supports the death penalty,
he draws the line at 18; and that is why he
has introduced this bill.

HB 463 AND BB 485

On Wednesday, February 17, this same
committee will hear testimony about HB 463,
a bill introduced by Mrs. Dottie Priddy,
which would ban the execution of the
mentally retarded; and BB 485, a bill
sponsored by Mr. Porter Hatcher, which would
provide that, if a defendant proves s/he was
severely physically or sexually abused in
youth, then the judge can instruct a jury to
consider this when deciding on _ proper
punishment. The jury can still return with
a death sentence.

HB 463 is endorsed by the Kentucky Associa—
tion For Retarded Citizens. One witness to
speak will be Pat Smith, President of
Georgia ARC, who has personal knowledge of
Jerome Bowden, a retarded man executed in
Georgia. Lane Veltkamp, the leading prose-
cution expert in child sexual abuse cases in
the Commonwealth and a member of the faculty
of the UK medical school, will testify for
HB 485. Call 1-800-633-9650 on Tue evening
to learn exact time this hearing will begin.
EXECUTING THE INNOCENT by Kevin McNally

Till the infallibilit, of Auman judgments ahall have been proved to me, I
ahall demand the abolition of the penalty of death. ~-Marquis de Lafayette

Sitting in a Washington cafe after a long day of training and strategy sessions at the
National Coalition's annual conference, I found myself sitting next to a University of
Florida professor, Mike Radelet. He was talking about a massive study on convicting the
innocent of murder: Miscarriages of Justice in Potentially Capital Cases. The article
meticulously documents 350 mistakes in this century. In 40% of the cases an innocent per-
son was sentenced to death. The cases documented were carefully selected - mainly after
the prosecution or judge admitted a mistake had been made. Like all discussions of this
sort, the horror of the government killing an innocent person seemed so unreal.

To my right was a black man I didn't know. We introduced ourselves. I was shocked
to learn that Joe Brown had not long before been released after 14 years on Florida's
death row. I asked how he had won his freedom? He looked at me and said, "I was inno-
cent."

"The worst," Joe said, "was four days before the execution when they measured me for
my burial suit." This was mindboggling. Brown had spent the best years of his life
wasting away on death row for a crime he didn't commit. Between the ages of 23 and 37 I had
gotten a law degree, been married, built a house and fathered 3 little boys. He was locked
in a cage waiting to die. No wonder he refused a last meal, proudly defiant.

With only 15 hours left a federal court stopped his execution. Even after repeated
reviews by judges, it was only then that the prosecution's case began to unravel. The bul-
let, it turned out, wasn't fired from Brown's gun; a key witness admitted he lied. An
innocent man was released.

"Perhaps," a prosecutor once said to me, "innocent people were condemned to death 50
years ago, but not anymore." I wonder if the public would recognize any of these names:
Jerry Banks, Gary Beeman, Tony Brown, Earl Charles, Neil Ferber, David Keaton, Tom Gladish,
Richard Greer, Ron Keine, Clarence Smith, Jr., Larry Hicks, Anibal Jaramillo, Wilbert Lee,
Freddie Pitts, Johnny Ross (a 16 year old black kid), Delbert Tibbs and Jonathan Treadaway.
These 17 men were all innocent but waiting to die on America's death row since 1970.

Kentucky very nearly executed an innocent man in 1936. Tom Jones came within 5 hours
of execution for the murder of his wife. It took petitions for clemency signed by more than
2000 citizens, including the original jurors, to stop his electrocution. The conviction
was overturned in a second round of appeals and the indictment dismissed. The Attorney
General said he was "strongly inclined to the view that Tom Jones was convicted on per-
jured testimony."

Ernest van den Haag, a leading death penalty advocate, has made the chilling argument
that the "moral advantages" of capital punishment outweigh the few innocent people we kill.

Sitting in that Washington restaurant, I wondered whether van den Haag could have said
so while looking into the eyes of Joe Brown?

PEPER EEE EEE PEPER EEE EEE EEE E EERE EEE E TERRE EEE EE EE EPEAT EEE EEE A PEPER E EET E PHS
LAWMAKERS DO CARE

Your elected representatives do want to hear from you! To express your
opinion call 1-800-372-7128¢/ If you would rather write, send your letter
to Room 21, Capitol Anmex Building, Frankfort, KY 40601. Always mention
the bill number.

FEEL DEERE EEE EEE ERATE ERE EE EAE TERRA THEE EE TEEPE PEPE T ESAT EASE Ett ttt te tt
EXTRACT from a letter of: JOSEPH G. BROWN...

Dear Friend:
Death row is a terrifying place. I ought to know. I spent 14 years there.
At one point, I came within 15 hours of being executed.

I am alive and free today because of a few courageous people who believed me when I
swore I was innocent. These courageous people included lawyers, journalists, prison-re-
form activists, and friends who wouldn't let my conviction go urchallenged. And so they
re-examined the evidence and confirmed whet I had known all along -- that I hed been
made a convenient scapegoat by the State of Florida.

The single-minded determination of this diverse group of supporters was the diff-
erence between me being free today or just another statistic on the long list of execut-
ions.

They made some key discoveries. They learned that the State's primary witness ad-
mitted that he had lied. They also found out that the prosecutor had suppressed import—
ant evidence -- an FBI lab report that proved the fatal bullet did not come from the gun
I owned. And samples of the assailant'’s blood, found at the murder scene, did not match
mine.

I moved a step closer to freedom when the Rev. Joe Ingle, Director of the Southern
Coalition on Jails and Prisons, obtained a letter from one of the jurors. It stated that
the Jury foreman told everyone to forget whether I was guilty or nat. Convicting me
would "get one more nigger off the streets."

The State of Florida finally released me because they could no longer sustain the
lies, cover-up, and racism that put me on death row in the first place.

I know that what I am telling you runs contrary to everything you have always be-
lieved about America’s system of justice. Our criminal justice system is widely believed
to be the fairest in the world. And because of this widespread respect, many of us have
come to think of it as being flawless. ‘Justice is blind’ the saying goes. The symbol
of our legal system is a blindfolded lady holding a balanced scale.

I am living proof, however, that our system is far From perfect. It has serious
Flaws. And these flaws work primarily to the disadvantage of the poor and those whose
victims are white.---

Wheat is unique about my case is that my unjust conviction and sentence were dis-
covered and rectified before I was killed. Yes, I spend 14 years of my life behind bars.
And I came within an eyelash of being executed. But I made it. The truth was finally
accepted. --+

It can happen again. It almost certainly will happen again. However, people like
you are beginning to made a difference. Those of us who oppose the death penalty are
making progress. We are saving some innocent lives.---

HHH beet Ht e+ AAA
JOE INGLE: NOBEL NOMINEE

Rev. Joe Ingle, the United Church of Christ minister who directs the Southern Coalition

on Jails and Prisons, is one of this year's nominees for the Nobel Peace Prize. In their

nominating statement, members of Sweeden's parliament cite how Ingle and the SCJP helped

win release for Joseph G. Brown by assisting in proving him innocent. They also stated:

“An abolition of the death penalty, this cruel inhuman and degrading form of punishment
Ceont next page]
JOE INGLE: NOBEL NOMINEE cont.

would be decisive for an increased recognition of the inviolability of human life and there—-
by a major step toward a peaceful development in the world. Joseph Ingle's unique efforts
in the United States have been of vital significance for numerous individuals and have had
an effect all over the nation. We therefore consider that he is a worthy candidate for the
1988 Nobel Peace Prize."

CONGRATULATIONS to Soni and Brad Castleberry and welcome to cur world to Kasa Lynn, born
January 23 rd.

QUR SYMPATHY to Annette McLaughlin and her Family on the death of her husband, Ted on
February 2 nd.

KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
To Join: Check appropriate boxes and return by mail to the local Chapter

Membership Type: Individuel $10. [ ]
Couple/Family $15.[ ]

{ ] Northern Kentucky Chapter: 43 Southgate Av. Fort Thomas, KY 41075
[ ] Central Kentucky Chapter: P.O. Box 23816, Lexington, KY 40523
{ ] Louisville Chapter: 2704 W. Chestnut St. Louisville, KY 40211

NAME:

ADDRESS:

CITY: KY. ZIP PHONE:

KCADP

Kentucky Coalition To Abolish The Death Penalty
2704 West Chestnut Street

Louisville, Kentucky 40211