KENTUCKY
COALITION to
ABOLISH the
DEATH
PENALTY
P.O. Box 3092 * Louisville, KY 40201-3092 * 502.636.1330 * kcadp3092@gmail.com * www.kcadp.org
February 27, 2018,
Ms. Amy V. Barker
Assistant General Counsel
Justice and Public Safety Cabinet
125 Holmes Street
Frankfort KY 40601
Dear Ms. Barker,
| write to comment on several aspects of the proposed regulation that deals with the carrying out of
executions (premeditated homicide) in Kentucky.
At line 19 on page 2 through line 2 on page 3. The regulation does not take into account that a person
on death row could be both blind and deaf. How do you plan to obtain from that person a designation
regarding the method of execution: injection or electrocution?
Further | believe that there is no guarantee in the regulation that the method chosen by the inmate is
the method to be used. With just one staff person needed and no indication that a witness’ signature is
required, the public is left to wonder if the condemned person actually chose the method that the
department says he did.
There should be at least two persons present and both should sign the document with the inmate’s
signature. One of those persons should not be an employee of the prison, but a member of his legal
team, or a family member of the inmate’s choosing. This is a more transparent process and in the public
interest.
Of course, all of the above only applies to those sentenced prior to the enactment of the lethal injection
law.
This protocol appears to isolate the inmate from those who care most about him or her on the last day
of his life. The visiting limitations are unnecessary and inhumane. Please explain why members of the
media are not allowed to visit with and interview the inmate on the day of execution. Also, as a member
of the clergy myself, 30 minutes on that day is insufficient and appears to be another way to punish
someone at a time when life is on the line. Explain the rationale behind that limitation. And it is not
enough to say you need the time for preparation. If the inmate the minister of record agree, then the
minister of record should even be allowed at the man or woman/’s side as they die.
Even more egregious is the refusal to allow family visitation on the day of execution. Or close personal
friends, especially when there may be no family. Nothing in the court’s decision to sentence a person to
death can be construed to mean that person will be cut off from family and friends on that day. These
are people who committed no crime; who care about and love a father, brother, mother, sister, uncle
Working Together to End the Death Penalty
husband, wife. Denying them presence on this of all days is cruel and requires changing. Isolating
prisoners is a hallmark of torture.
| follow this issue pretty closely and the drugs you are proposing to use are not legally available to you,
so | think you owe the people of Kentucky an explanation about how you plan to obtain them. | hope
you do not plan to use a compound pharmacy as a source because moving in that direction will almost
certainly lead to costly litigation about efficacy of the drugs obtained and other issues. See this recent
report about Missouri and its attempts to keep secret the source of their execution drugs:
https://www.npr.org/2018/02/21/587731723/buzzfeed-news-uncovers-source-of-missouris-lethal-
drugs.
There should be language in this document that clearly states Kentucky will not obtain any drugs to
execute people from compound pharmacies; and language should also clearly state that Kentucky will
not act in any way that is not legal to procure these drugs. If you are going to kill in our names then it
must be above board at every step of the way.
lam looking forward to your response to my concerns.
Stick Malahat,
Rev. Patrick Delahanty
Chair
Kentucky Coalition to Abolish the Death Penalty
Working Together to End the Death Penalty
