Original Message-----
From: J asonR.Keller@ky.gov [mailto:] asonR.Keller@ky.gov]
Sent: Monday, November 08, 2004 4:05 PM
Subject: Fletcher Administration Statements Regarding Death Warrant Signin g
Below are statements from Governor Ernie Fletcher and General
Counsel to the Governor, John Roach, regarding the signed death
warrant for Thomas Clyde Bowling.
Statement of Governor Ernie Fletcher
On April 9, 1990, Tina and Eddie Earley, a couple in their twenties, and
their two-year-old son, Chris, were shot as they arrived to open the family dry
cleaning business. Eddie Earley was found lying on the pavement between the
open passenger door of his car and the door to the business and was bleeding
from four bullet wounds. Tina Earley, who was still sitting in the car, had been
shot and wounded three times; and Chris, found on the car floor under his
mother, suffered a wound to his foot. Chris would recover, but his parents were
pronounced dead at the hospital minutes later that morning.
In December of 1990, Mr. Thomas Clyde Bowling, Jr. was convicted by a
twelve person jury in Fayette County for the murders of Eddie and Tina Earley.
He was also found guilty of fourth-degree assault for the injury done to Chris.
He was sentenced to death for the murders and to twelve months in jail for the
assault. For almost fourteen years, Mr. Bowling's case has been litigated in both
state and federal court. There is no credible evidence that Mr. Bowling failed to
receive a fair trial or that he was not afforded adequate representation. After
fourteen years of review, no court has found any reason to overturn either his
conviction or sentence. Additionally, in reviewing the matter, | found no
evidence to support the request for clemency based on the last-minute claim of
inadequate mental capacity.
As Governor with responsibility vested in me by the people of the
Commonwealth of Kentucky and after thorough review of the case of Mr.
Thomas Clyde Bowling, Jr. by me and my general counsel, | have decided to
honor the decision of the jurors and sign the warrant ordering the warden of the
Kentucky State Penitentiary to carry out the execution of Thomas Clyde Bowling,
Jr., on November 30, 2004.
Consistent with previous practices and consistent with the advice of legal
counsel, | hope the press will honor my decision not to take any further
questions regarding this decision. Questions to the administration will be
directed to the Governor's general counsel.
Statement of General Counsel John Roach
Any honest reading of the guidelines of the American Medical Association
makes clear that the physician prohibition pertains only to the administration of
the lethal means of execution. In addition, Kentucky law only restricts physician
involvement "in the conduct of an execution." By signing a death warrant, in no
way is Governor Ernie Fletcher participating in the conduct of an execution.
Governor Fletcher's role under the law is consistent with the roles of
judges fulfilling their legal duty and jurors fulfilling their legal obligations
regardless of their professions. While the Governor respects the view of those
who oppose capital punishment, he must reject the absurdity of the position
that, because the people of Kentucky elected a physician to serve as their
Governor, they have effectively chosen to abolish the death penalty during his
term of office.
HEE
Jason Keller
Commonwealth of Kentucky
Governor Ernie Fletcher's Communications Office
700 Capitol Avenue
Frankfort, KY 40601
Office: 502.564.2611
Cell: 502.229.5170
Fax: 502.564.7022
