KENTUCKY COALITION
TO ABOLISH THE DEATH PENALTY
2911 SOUTH FOURTH STREET
Fax: 502 637-9780
LOUISVILLE KENTUCKY 40208
E-MAIL: PATRICKD@MIS.NET
502-637-9786
Rev Patrick Delahanty
Chair
2911 South Fourth St.
Louisville KY 40208
502 637-9786
502 637-9780 Fax
e-mail: patrickd@mis.net
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
Deborah Mauldin
Chair
Central Kentucky Chapter
1491 Vintage Circle
Lexington KY 40517
606 273-7738
Execute
Justice
Not
People
Gall, mentally ill, should
not face execution
(The Department of Public Advocacy provided information for this article. Contact Ernie
Lewis or Ed Monahan at 502 564-8006 for additional information about this case.)
The case of Eugene Gall, Jr. is presently before the Sixth Circuit Court of Appeals in Cin-
cinnati, where the constitutionality of the murder verdict and death sentence handed down in
Boone Circuit Court in October of 1978 are being challenged.
Gall is a 51 year old Hillsboro, Ohio native who has been on death row at Eddyville since
his conviction in 1978. He was brain damaged as a youth, and experience grand mal seizures
before his 20" birthday. He was also sexually abused as a child, At 22, he was declared in-
competent to stand trial on Ohio charges. He spent 2 years in an Ohio mental hospital before
being found competent to be tried. Thereafter, he spent 5 years in an Ohio prison before release
on parole in 1977.
A year later, he was arrested and charged with killing 12 year old Lisa Jansen. Both a psy-
chologist and a psychiatrist diagnosed Gall as suffering from paranoid schizophrenia. Both
testified that he was insane when he killed Lisa Jansen. A psychiatrist working for the prose-
cutor, who briefly examined Mr. Gall shortly after the crime, agreed in 1989 that Gall is men-
tally ill. In 1991, a neurologist and neuropsychologist examined him and found that he was
brain damaged at the time he killed Lisa Jansen.
Gall was sentenced to death in October 1978, 5 months after the murder.
The brief filed in the Sixth Circuit Court of Appeals raises 15 constitutional issues. This
will be the first time many of these issues have been considered by a Court.
Gall is a brain damaged paranoid schizophrenic whose mental illness and emotional distur-
bance led to the commission of this tragic crime. However, neither the jurors nor the trial judge
agreed that he suffered from any sort of mental illness. Their failure to consider the role his
mental problems played in his crime constitutionally undermines the reliability of their deci-
sion
The trial was held in Boone County, Kentucky only 5 months after the crime. Immense
publicity in the newspapers and television saturated the jurors called upon to decide the case.
This resulted in jurors making macabre jokes during jury selection about the death penalty,
and other jurors being allowed to sit who had been exposed to this massive publicity.
The trial itself was fundamentally unfair. Rather than meet the substantial evidence of se-
vere, long-standing mental illness presented by the defense at trial, the prosecutor ridiculed the
insanity defense, did not provide important mental illness records to the Commonwealth’s
psychiatrist, and made improper comments about Gall’s not testifying at trial.
Gall’s attorneys are confident that his severe mental illness will finally be recognized by the
Sixth Circuit and that his unfair and unreliable death sentence will be reversed. As forewarned
by former Justice Thurgood Marshall, “When we tolerate the possibility of error in capital
proceedings... we hasten our return to the discriminatory, wanton and freakish administration
of the death penalty that we found intolerable in Furman.”
PAGE 2
KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
Harold McQueen's
Last Letters
HvUBros.
Theard yow all are missing
me over there. I hate to say it
but I told yow so! HafHav
I love yow all maw and you
all are iw my thoughtyand
prayers. Keep the faith be-
couse T sure am
Your Bro; Harold
(PS) IWwrite yow later.
(PSS) I get to use the phone
frow 7:00 AM til 9:00 PM
Ain't that something)
Hafta
Well friends I want to-
thank you for lew me be
your friend. I’ve beewhere so-
long that most of you are
closer to me thaw my real
brothers, Weve had w lot of
laughs together and we have.
had tearstogether and I just
want you all to know that I
love yow alland I pray that
none of yw have to walk the
walk that I'W be walking ina
few hours. I would like for
you all te pray for my mother
and daughter that they wont
have to hurt whew ow
gone. Pw not scared of
death because at least thew
Whe free from prisowand
in Gods Hands.
Love ya,
Harold McQueew
Chandler, Patton push
dangerous laws; innocent
people jeopardized
In January 1998, the General Assembly will hold its regular biennial session. Attor-
ney General Ben Chandler will ask legislators to add new aggravating factors to the
capital punishment statute. For example, he wants to make age-specific murders - when
the victim is 12 or under or is 60 or over — eligible for death. Governor Paul Patton will
offer a proposal to reduce the amount of time spent on appeals of death sentences, along
with others that have been proposed by his Criminal Justice Response Team
As potential opponents for the same office, political analysts tell KCADP that this
poses real danger for our issues. These two gentlemen will engage in efforts to outdo one
another in looking tough on crime, especially when it comes to killing fellow citizens.
Both will be seeking support from Commonwealth Attorneys and this provides us an op-
portunity.
Here is a strategy proposal. KCADP recommends that its members contact local
Commonwealth Attorneys. Since they also must be elected they are inclined to listen to
constituents. Ask for a meeting and during the meeting explain that you oppose the ef-
forts of our Attorney General to use the death penalty politically by proposing new aggra-
vating circumstances. Also express your opposition to any efforts to speed up the appeals
process. The federal government has already done this at the federal level and there is no
need to do it at the state level. Increasing the number of death sentences and speeding up
the appeals process will greaten the chance of executing an innocent person.
At the same time ask your Commonwealth Attorney to support a FAIR AND
RELIABLE DEATH PENALTY ACT. In other words, ask him or her to be for some-
thing and not just against something. This “something” does not end the death penalty,
but seeks to make it fair. And here’s how, The American Bar Association, last February,
called for a moratorium on executions until a state could implement policies to insure
that death penalty cases are administered fairly, impartially and in accordance with due
process to minimize the risk that innocent persons may be executed. Far from being ad-
ministered fairly and reliably, the death penalty in this country, according to the ABA, is
“instead a haphazard maze of unfair practices with no internal consistency.”
Kentucky mirrors that national reality. The ABA resolution establishes a legal posi-
tion on fairness in the application of the law, it is not a policy statement for or against the
penalty. The ABA's call for a suspension of executions focuses on: 1) incompetency of
counsel; 2) racial bias, 3) mentally retarded persons; 4) persons under 18 years of age,
and, 5) preserving state & federal post-conviction review. In light of the Kentucky reality,
changes in the statutes must be made to correct the unfair implementation of the law.
The FAIR AND RELIABLE DEATH PENALTY ACT would change Kentucky
law in the following way: 1) our law already prevents the execution of mentally retarded
persons charged afler 1990; the change would make this retroactive to include those who
may already be sentenced to death and mentally retarded; 2) it would raise the age of
those who could face a death penalty from 16 years old to 18 years old; and 3) it would
incorporate the Racial Justice Act as it almost passed in 1996, needing only 2 more votes
to become law.
None of these provisions would end the death penalty in Kentucky, but, after passage,
at least its use would be more fairly administered and less arbitrary. Commonwealth at-
tomeys and your state representatives and senators should be more than willing to sup-
port a death penalty that is fair and reliable, rather than one that is unfair and unreli-
able. Please report the results of your visits by phone, mail, or e-mail. It is important that
we know what kind of support and opposition we may meet.
KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
PAGE 3
Bits & Pieces
Letter to Harold McQueen’s Mother
Mrs. Helen Burnell received the following from an employee at Eddyville. The author's
name is being withheld. The letter is dated August 12, 1997.
Dear Mrs. Burnell:
First, I would like to express my sincere sympathy and let you know that Harold had a
profound effect on many of our lives at the Penitentiary. He had the respect and admira-
tion of many of the inmates and employees here; and he is truly missed.
Enclosed you will find a few items that I hope will show how much Harold was loved and
valued here. So that you can better appreciate their value, I should explain the history be-
hind them: (sic)
On Thursday, July 3, 1997, the Administration allowed the inmates on the Special Secu-
rity Unit to hold a memorial service for Harold. This memorial service was attended by
all of the inmates on the Special Security Unit and several staff members. Many of the
inmates and staff spoke of how Harold had touched their lives and how Harold had
shown what it was to be a true Christian. The banner was used over the Memorial Table
during the service. Also enclosed is the bulletin from the Memorial Service. Due to the
fact that you were not present at this service, I also took some pictures of the Service so
that you could see what a lovely and well-attended service it was. I have labeled the pic-
tures so that you can better understand who is in each of the pictures,
Also included in the envelope is a Perpetual Mass Enrollment card from the Friars of the
Atonement. This card was received at the Penitentiary addressed to Harold about the
middle of July.
Thope these simple items will become cherished reminders of how much Harold touched
the lives of others. My thoughts and prayers are with you.
Sincerely,
Signed
Along with announcements about Library Hours and the open-
ing and closing of offices at Eddyville, due to the July 4" holi-
day, the institution included the following on the KENTUCKY
INMATE MANAGEMENT SYSTEM DAILY MOVE REPORT:
RELEASE: 032261 MCQUEEN HAROLD
DISCHARGED BY LEGAL EXECUTION 77/1/1997
One Member’s Reaction
ISAW HAROLD DIE...but then a bunch
of us did: at Eddyville, Owensboro, Frank-
fort, Louisville, across the nation and around
the world. But as I stood on the hill over-
looking the backside of the penitentiary, I re-
alized that this would have to be the last exe-
cution I protest as a state employee, my status
for the last 12 years.
Four days later, I gave my boss notice of
my intent to resign.
It looks like Eugene Gall may be the next
to die at Eddyville. If that happens, he will be
the first person ever executed whom I have
known. We have talked, eaten, argued and
laughed together. My resignation is note-
worthy only in the fact that I will not be
working for the hand that pulls the switch on
Eugene Gall.
Brad Castleberry
A Last Letter
June 28, 1997
Dear Harold,
Tm sorry that I never got to meet you. An-
nette has spoken of you to me many times.
As you know, many of us have been
working very hard to save your life but it
looks as if that isn't to be. Recently, I've just
been praying that God's Will may be done. It's
sometimes difficult to understand why things
happen as they do but, in the darkest hour,
we must believe that, in the end, "God writes
straight with crooked lines."
With your death, our work to abolish the
death penalty won't be over. In fact, as the
song goes, "We've only just begun" - so I do
have a favor to ask of you.
When you have passed from this life to an-
other where love allows souls to see things
more clearly and gives them great powers of
intercession (or so I believe), please intercede
for us so that some day our work will be
blessed and the death penalty abolished - not
only in Kentucky but in the entire nation.
May you go in peace!
Maria Hines
P.S. Tm enclosing an essay that tells of my
own personal journey in coming to terms with
the death penalty. In that regard, when you
arrive at the Great Beyond, say "Hi" to my
brother, Jerry, for me.
(Edit. Note: Maria's brother was murdered.)
PAGE 4
KENTUCKY COALITION TO ABOLISH THE DEATH PENALTY
Rally in Frankfort December 10
Human Rights Begin At Home
KCADP invites all its members to attend a December 10
“Human Rights Begin At Home Rally” from 4:30 - 6:30PM. We
will gather in the Rotunda of the State Capitol Building for the
beginning and will conclude with a candlelight procession to the
Govemnor’s Mansion.
Last year’s rally drew nearly 300 participants and captured the
attention of both print and media. Two Lexington TV stations re-
corded the entire two hours. The Lexington Herald-Leader gave it
front-page coverage with three photos and a great story. The Cou-
rier-Journal practically ignored it.
This year’s rally marks the 49" Anniversary of the signing
of the United Nations Universal Declaration of Human Rights.
While the document does not openly exclude the death penalty, it
proclaims in Article 5 that “No one shall be subjected to torture or
to cruel, inhuman or degrading treatment or punishment.”
“The peoples of the United Nations have in the Charter reaf-
firmed their faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and
women.”
Speakers for the afternoon include religious leaders, human
rights activists, and others. One special guest is George White.
George's wife was killed during a robbery. George was also
shot. In addition, Alabama put him on trial for her murder. He was
convicted, and sentenced to life in prison (he could have received
a death sentence), After more than two years in jail, he was re-
leased on a technicality, but three years later (while Alabama
prosecutors discussed what to do next), his lawyers successfully
petitioned for a second trial. This time the jury returned a not guilty
verdict.
George has traveled on many Journeys of Hope pilgrimages
sponsored by Murder Victim Families for Reconciliation and is a
dynamic speaker who knows from personal experience both the risk
of executing the innocent and the pain of losing a loved one through
murder.
At last year’s rally State Senator Tom Buford pledged to co-
sponsor the Racial Justice Act. This year, we expect others to en-
dorse the Fair and Reliable Death Penalty Act which includes the
racial justice measure.
As you know, especially those members who so generously re-
sponded to the request for funds, new polling data is available for
Kentucky. The sophistication of this data has resulted in it taking
more time to analyze the data. We hope to have a full report for
presentation at this rally.
The Kentucky Council of Churches has endorsed a strong
statement of opposition to the death penalty. KCADP is so grateful
for this and urges its members who belong to religious communities
to bring worshippers with them to Frankfort on December 10. Be-
cause the General Assembly begins meeting in January 1998, it is
very important for our success to have a large crowd in the Rotunda
for the Human Rights Begin at Home Rally.
Kentuckians reject
death penalty
In the last week of June 1997, the Urban
Studies Center at the University of Louis-
Please check your mailing label. If there is no date, please consider becoming a
financially contributing member of KCADP. If there is a date prior to Dec 1997, it
is time to renew your membership: Seniors and Students - $5; Others - $10
ville polled Kentuckians. about opinions
related to the death penalty.
Only 33% maintained support for the
death penalty when offered an alternative of
life without parole along with some form of
Testitution.
This diminished support for the death
penalty is typical when alternative punish-
ments are offered. Kentuckians clearly want
severe punishment for murderers and safety
for themselves, Long term imprisonment
fulfills these needs.
This poll would not have happened
without support of KCADP members. It is
expensive to ask the additional questions
necessary to determine what Kentuckians
really think. Contributions from members
totaled nearly $3,000. Amnesty International
provided another $3500. Thank you all!
KENTUCKY COALITION
TO ABOLISH THE DEATH PENALTY Non-Profit Org.
2911 SOUTH FOURTH STREET Ue rane
LOUISVILLE KENTUCKY 40208 Louimvitle, KY
Permit No. 110
