KCADP Newsletter No. 22, Summer Edition, 1995

KCADP

‘Why do we kill people

who kill people
Kentucky Coalition to Abolish the Death Penalty ae coo
NEWSLETTER NO. 22 SUMMER 1995

Rey. Patrick Delahanty
Chair

2911 S. 4th St.
Louisville KY 40208
(502)637-9786
(502(637-9780 FAX

Kathleen Hils

Chair

Northern Kentucky Chapter
211 Graves Ave.

Erlanger KY 41018
(606)342-7528

Annette McLaughlin
Chair

Jefferson County Chapter
1960 Goldsmith Lane #1
Louisville KY 40218
(502)458-0906

Lois Foley
Chair

Southeast Kentucky Chapter
224 Mary Alice Dr

Harlan KY 40964
(606)573-9268

Doris Ferm

Chair

Central Kentucky Chapter
812 Surrey Lane
Lexington KY 40503
(606)223-4176

William Burkhead

Chair

Western Kentucky Chapter
PO BOX 151

Gilbertsville KY 42044
(502)388-9755

KCADP Joins New
Organization to Fight
Executions in State

Some History

Kentucky, like several other states has not executed anyone for over 30 years. After the 1962
killing of inmate Kelly Moss, executions ended in Kentucky.

In 1964, a task force on the death penalty appointed by Governor Ned Breathitt concluded
that Kentucky should abolish the death penalty. Support for executions had ebbed. One
corrections official, Lloyd Armstrong, testified that he had witnessed over 20 executions and
concluded nothing was accomplished by killing these men. Though the law remained on the
books, the punishment was not used.

Then came the U. S. Supreme Court’s Furman decision striking down all death penalty laws.
Until 1976, when that same Court upheld Georgia’s new law in the Gregg decision, executions in
the United States were forbidden.

During a special session of the General Assembly called by Governor Julian Carroll, the death
penalty was placed back in Kentucky’s law books. The new law, modeled on Georgia’s, sought to
provide the guided discretion demanded by the Supreme Court. This guided discretion is meant
to prevent the arbitrary and discriminatory use of death sentences, a practice that clearly existed
before Furman.

In 1992, the General Assembly ordered its Legislative Research Commission to study the
question of race in Kentucky’s death sentencing process to determine if guided discretion is
working here. The study was completed by two University of Louisville professors, Drs. Gennaro
Vito and Thomas Keil. After looking at every potential capital murder case in Kentucky from
1976 through 1991, they concluded that race remains a significant factor in the selection of
defendants to be condemned. This information, provided to the General Assembly, has not yet
been acted upon by that body, though Senator Gerald Neal did introduced a Kentucky Racial
Justice Act in the 1994 meeting of legislators.

During the 19 years since the death penalty was reinstated in Kentucky, nearly 50% of those
condemned to die have had their cases overturned. New trials were often ordered and new
sentences, not execution, were meted out.

There are 29 persons now under a death sentence. Each of them have appeals pending. Three
men — Eugene Gall, Harold McQueen, and Kevin Stanford — have exhausted their appeals in
state court and are asserting constitutional claims in federal court. If death sentences are upheld
here, Kentucky will begin the killing again.

The Kentucky Coalition Against Executions

For that reason, a group of individuals representing organizations opposed to execution has
recently formed for the specific purpose of focusing on impending executions and planning ways
to demonstrate against this barbaric use of state power. KCADP is one of the participating
organizations.

See New Organization on page 3, Column 2
Page 2

SUMMER 1995

New KCADP
chapter forms in
Harlan County

Mrs. Lois Foley, mother of death
row inmate Robert Foley, organized
the newest chapter of KCADP during
a meeting attended by over 40 persons
on May 31, 1995.

Friends, neighbors, and relatives
gathered at Hardees Restaurant in
Harlan, Kentucky, to lear more
about the use of the death penalty in
the Commonwealth and to pledge
support against it.

Rev. Patrick Delahanty, Chairperson
of KCADP, and Mr. Everett Hoff-
man, Executive Director of the
Kentucky American Civil Liberties
Union, had traveled to Harlan at Mrs.
Foley's request.

Rev. Delahanty spoke briefly about
the history of KCADP and the legisla-
tive work the organization has en-
gaged in, especially in 1990 when
Governor Wilkinson signed a bill
banning the execution of the mentally
retarded.

KCADP will continue to push for
legislation to correct the impact that
race continues to have on death
sentencing in the State. Results of a
public opinion survey conducted in
late 1989 show that Kentuckians
overwhelmingly felt that race should
play NO role in determining who
receives a death sentence.

The Coalition will also pursue a ban
on executing those who commit a
capital crime before turning 18.

Mr. Hoffman presented information
about the appeals process and encour-
aged people to be in touch with local
legislators. For example, he pointed
out how important it is to speak to
Senator Charlie Berger, since Mr.
Berger plays a key role on the Senate
Judiciary Committee. His vote on the
committee is critical.

Mrs. Foley intends to visit the
General Assembly and attend commit-
tee meetings in January 1996. Until
then, others in the area will be invited
to help abolish the death penalty in

Kentucky.

Lexington chapter sponsoring
“Abolish the Death Penalty Week’

September 18 - 24, 1995 is Abolish the Death Penalty Week in Lexington,
Kentucky. The Lexington KCADP chapter has planned several activities to arouse
public awareness and let legislators and the governor know that there is a
constituency that believes the death penalty is wrong.

“We will wear black ribbons throughout the week,” reports Mrs. Doris Ferm, the
local chapter chairperson. She added, “We will ask ministers and rabbis to preach
about the death penalty and to pray for those on death row, for their families, and
for the families of their victims.”

In a letter to Lexington religious leaders, Mrs. Ferm writes, “Many of us base our
opposition to the death penalty on our religious beliefs. We are supported in our
opposition by statements from the U.S. Catholic Conference, several Jewish
organizations, and over a dozen Protestant denominations. Spiritual leaders have
repeatedly found that the death penalty is contrary to God’s forgiving spirit.
Unfortunately, this message is seldom heard in Kentucky's places of worship.”

The Lexington chapter invites all KCADP members to join in observing this week.
Times and places for events can be obtained from Mrs. Ferm.

South African Constitutional Court
strikes down the death penalty

“We are celebrating a victory today [June 6, 1995] with this ruling, which advances
the cause of human rights in Africa and worldwide,” Amnesty International said.
“This historic court ruling puts Africa and South Africa in the forefront of the
international movement to abolish the death penalty.”

AI then appealed to the South African government to take the next step and
remove the death penalty from the country’s statute books, bringing the nation’s laws
into line with the ruling.

Until the use of the death penalty was suspended in February 1990, South Africa
had one of the highest rates of judicial executions in the world. The previous
government achieved international notoriety by executing some 1,217 people between
1980 and 1989, including political prisoners who were executed despite appeals from
political leaders and ordinary people all over the world.

By abolishing the death penalty, South Africa would join the ranks of the 55
countries that have rejected this cruel and outmoded punishment for all crimes. Now
96 nations have abolished the death penalty in law or practice.

In 1994, at least 2,331 prisoners were executed in 37 countries worldwide. Three
nations — China (1,791), Iran (139), and Nigeria (more than 100) — committed 87%
of these crimes. In 1995, Saudi Arabia has executed at least 103 persons.

The U. S. executed 31 persons in all of 1994; and as of June 22, 1995, 30
additional prisoners have been killed. (How come we don’t feel any safer?)

AI said it hopes that the South Africa ruling will be heeded by countries which still
use the death penalty. The U. S. is now the only first-world Western nation that kills
its citizens.

Nevertheless, the South Africa decision should inspire abolitionists to continue the
struggle in this country. Anyone who is not in this battle for the long haul will
become very disappointed and frustrated as the body count increases. South Africa
is a sign that reason and justice will prevail.

The Death Penalty - We ean live without it!
SUMMER 1995

Page 3

Questions for your legislator

In mid-1987, KCADP members set a goal of visiting each State Representative and
State Senator to discover what members of Kentucky's General Assembly thought
about the death penalty in general and about certain Specific issues associated with
capital punishment. We promised members these conversations would remain
confidential and that we had no intention of using their opinions in any political way.
This promise was kept.

We learned there were closet-abolitionists in elected office, though not nearly
enough to abolish the death penalty. We also learned that many members had
serious misgivings about executing juveniles and the mentally retarded. Fear of
executing an innocent party was also apparent.

All together, 136 of the 138 legislators were interviewed.

Nearly eight years have passed and many new faces now sit in the House and
Senate chambers. It is time, once again, to ask you to schedule a meeting with your
State Representative and State Senator to discuss his or her views related to killing
people who kill people.

This is best done by two or three people, not just one person. However, if you live
in a community where you are unaware of others opposed to the death penalty, do
not hesitate to call one of the chapter leaders or KCADP board member for help.
The goal of these meetings is 1o gather information about the person’s view on the
use of the death penalty, not to convert the Person to our point of view.

During your conversation the following questions may prove helpful. Ask how the
person feels about the death penalty in general: is s/he a strong supporter, doesn’t
think about it much, thinks it should be used only in rare situations? Ask under what
conditions, s/he would pull the switch personally. Does your legislator think we
should execute those who commit capital crimes before turning 18? A study
commissioned by the General Assembly indicates that race (that of the defendant
and that of the victim) plays a significant role in determining who is sentenced to
death in Kentucky: does s/he think this is fair? Will shhe support/co-sponsor
legislation to correct this situation? What if a defendant was severely physically or
sexually abused during childhood? For example, some defendants have been
repeatedly assaulted and sodomized often for several years. Does your legislator
agree that this abuse should be presented in mitigation and that the jury should be
instructed by the judge to give this evidence serious consideration? What if it can be
proven that State officials with the Cabinet for Human Resources knew of the abuse
and did little or nothing to try and prevent it?

After your conversation, record in detail the answers you were given. Describe the
tone of the meeting: tense, relaxed, friendly, defensive, etc, Write down any
comments you heard that might be used in speaking with the person again.

Once you have done this, send a copy of your notes to the main office so We can
coordinate efforts to change the law when the General Assembly is in session. All
legislation starts in a committee. Death penalty bills must be voted on by the Senate
and the House Judiciary Committee. If your legislator is on one of these committees,
it is very important that you talk to him or her. These members are listed below.

SENATE

KELSEY FRIEND, CHAIR CHARLIE BERGER ERNIE HARRIS
KIM NELSON DAVID KAREM TIM PHILPOT
MIKE MOLONEY ELIZABETH TORI GERALD NEAL
DAVID WILLIAMS GEX WILLIAMS III

HOUSE Pe
MIKE BOWLING, CHAIR CHARLES GEVEDEN JIM LOVELL
KATIE KRATZ STINE JON ACKERSON BOB HELERINGER
STAN CAVE KATHY HOGANCAMP PERRY CLARK
‘TOM KERR JESSE CRENSHAW GROSS LINDSAY
HERBIE DESKINS FRANK RASCHE ERNEST FLETCHER

JON DAVID REINHARDT KELSEY FRIEND, JR. ARNOLD SIMPSON DAVE STENGEL

New Organization

KCAE will implement a detailed
plan when an execution is imminent.
The Catholic Conference of Kentucky
coordinates KCAE. A steering
committee of representatives from
various groups provides direction:
Kentucky ACLU, Louisville NAACP,
Amnesty International, Fellowship of
Reconciliation, Presbytery of
Louisville, the Respect Life Offices of
Catholic dioceses in the state, the
Kentucky Council of Churches, the
Department of Public Advocacy, the
Justice Resource Center, and other
religious and civil rights organizations.

These organizations are asking
members to participate in an Action
Alert Network. KCAE needs persons
who can make phone calls, write
letters, distribute petitions, participate
in demonstrations ranging from prayer
vigils to peaceful protests. Our audi-
ence is the Governor, State and
National Legislators, Media, and
people of the Commonwealth.

KCAE will coordinate these Alerts
with the help of members from the
various organizations. KCAE will
provide sample letters, background
information, action alert samples, etc.

KCAE divided the State into six
regions and needs a coordinator in
each region. The goal is to have
people working in each region to
carry out a KCAE activity.

Besides these alerts, KCAE will
offer support to the condemned
person’s family and friends. KCAE
will also contact members of the
deceased victim’s family to emphasize
that KCAE recognizes their pain and
loss as well.

Obviously, KCAE hopes no action
on its part will ever be necessary and
that no executions are scheduled. But
if a death warrant is issued, KCAE
plans to be ready to oppose the
Commonwealth as it kills in our
names,

The success of KCAE’s efforts
depends on you. KCAE needs contact
people in every county in Kentucky,
especially counties outside the major
urban areas. If you are interested in
helping, please use the form provided
to inform KCADP of this interest.
Page 4

SUMMER 1995

KCADP needs your help. Please
check your mailing label. If
there is no date, it means we
have no record of your dues
payment. If the date is
earlier than July 1995, it is
time to renew your member-
ship. Please help if you can!

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Advertising Pays

Twice in recent months, while wearing the NCADP t-shirt, ‘The death penalty,
we can live without it,” people approached to offer their support. The national
office has a variety of resources to help you spread our message. Some are listed
here:

Eye-catching T-Shirts

@The Death Penalty: We can live without it. [Surrounded by over 100 names of
organizational opponents of the death penalty (including KCADP)]. Comes in ss/ls
in M, L, XL, XXL. Also sweatshirt. $13 - $24.

@The Death Penalty is Dead Wrong: Black on jade, raspberry, turquoise or
orange. XL only - $10.

®Just Do It - Abolish the Death Penalty: black on white. M, L. XL - $10.

Buttons With a Message

@Why do we kill people who kill people to show that killing people is wrong? -
red and black on white

@The Death Penalty is Dead Wrong - yellow on black

@The Death Penalty - Abolish It! - green on white

@®Abolition Now - green on grey

®Execute Justice not People - black on yellow

®I Oppose the Death Penalty - Don’t Kill for Me. - white on black

Also available are books, basic information resources, postcards, posters, and
bumper stickers. If you would like a complete catalog and order form contact the
KCADP office, any of the Chapter leaders, or write NCADP, 918 F St. NW, Ste
601, Washington DC 20004.

Abolition in the 21st Century - Think Globally, Act Locally
NCADP is holding its national conference in New Orleans August 4 - 6 at

Loyola University. For complete registration information, contact KCADP’s main

office or call NCADP at 202.347-2411. Registration rates increase after 7/15.

Kentucky Coalition to Abolish the Death Penalty

2911 South Fourth Street Non-Profit Org.
Louisville KY 40208 USS. Postage
PAID
Louisville, KY
Permit No. 110