Volume 5, Issue 2
September 2006
(502) 636-1330
BOLITION NOW!
Kentucky Coalition to Abolish the Death Penalty
P.O. Box 3092 Louisville Kentucky 40201-3092
email: kcadp@earthlink.net — w
bsite: www.kcadp.org
Death Penalty Abuse in Jefferson County
Commonwealth’s Attorney seeks to execute a
man for using a weapon of mass destruction
in the commission of a bank robbery!
Mare Murphy thought he
had seen it all. After all, he’s been
a courtroom lawyer for over 20
years, first with the U.S. Army
and now with the big firm of
Stites & Harbison, where he usu-
ally handles bet-the-farm’ cases
The death penalty has
a way of suspending logic.
That's apparently what is
happening in COMMON-
WEALTH OF KENTUCKY v.
ABDUL HAKEEM MALIK, a
little-known case that
illustrates all that’s wrong
with the death penalty.
The facts
Abdul Malik has been
sitting in the Jefferson
County Jail since 2003,
initially accused of abet-
ting a bank robbery that
allegedly occurred in No-
involving some of the world’s
biggest businesses.
He also served as Common-
wealth’s Attorney in Jefferson
County from 1995 to 1997. That's
when he
throughout Kentucky as an out-
spoken opponent of capital pun-
became — known
ishment. vember of that year.
Now he represents Abdul After refusing a plea
Malik.
bargain offering him 25
years in prison for his role
in the robbery, the charges against Malik were immediately
amended to felony robbery with an aggravating factor. Based
on that, Commonwealth's Attorney Dave Stengel said he
would seek the death penalty.
Here’s why Malik is looking at getting the needle:
® On Nov. 17, 2003, Malik drove his minivan through the
intersection of South Jackson and East St. Catherine
streets near downtown Louisville. The minivan struck a
car being driven by Robert McFadden, killing him.
= The passenger in Malik’s vehicle, Charles Ervin, was
also killed in the wreck.
® Louisville Metro Police reported that Malik was fleeing a
bank robbery with Ervin and that they were in the proc-
ess of a high-speed chase when the accident hap-
pened.
® Ervin had, according to the police, robbed the US Bank
on Bardstown Road at gunpoint in Louisville's High-
lands.
= About $5,000 in cash from the robbery was reportedly
found in Malik’s van.
= Earlier in the day, Ervin was filmed at a separate bank
branch allegedly “casing” the place. That bank was not
robbed.
So, what are the aggravating factors?
The prosecution says there are two:
= Ervin used a gun to rob the U.S. Bank.
= The van Malik was driving:
a. was used in an alleged bank robbery, and
b. killed Robert McFadden when it struck his car.
According to the Commonwealth’s Attorney, this makes
the minivan a “weapon of mass destruction” as defined in
Kentucky's death penalty statute.
Dirty tricks?
In court pleadings, Murphy has brought to light the vindic-
tive and selective tactics the Commonwealth has used in
prosecuting Malik. For example he has asked the prosecutor
for racial and related statistics, which the prosecutor has re-
fused to provide, claiming that they “don’t keep them.” Malik
is black.
The defense team has also struggled repeatedly with:
™ The prosecutor's reluctance to provide important evi-
dence and data;
Continued on page 3
See review of new
book by Carl Wedekind
on page 2.
Order online with your
credit card at
www.kcadp.org or use
the form on page 3.
WEDEKIND
Page 2
September 2006
Wedekind Memoir a Story of Hope
By Doug Stern
First, change the title on the copy you buy. This is the
memoir of an amateur lobbyist. Amateur in the most literal
sense of the word.
Wedekind’s story relates how he stumbled into the issue
of the death penalty and emerged as one of our nation’s
most sure-footed abolitionists. It’s a tale that should be re-
quired reading for anyone interested in how our vaunted,
lofty-appearing system of
lawmaking looks from the
perspective of a small frog
at the very bottom of a
very murky pond.
The book covers about
five years, beginning just
before the July 1, 1997,
execution of Harold
McQueen in the state
penitentiary at Eddyville,
Ky. Wedekind, a retired
corporate lawyer and busi-
nessman, was serving on
an ACLU legal panel when
McQueen's lead counsel
recruited him to help that
summer with last-ditch
appeals.
As Wedekind puts it,
“Harold McQueen’s jour-
ney ended, and my journey
as an abolitionist began.”
The book ends in the
summer of 2002. That
was when Wedekind and
other Kentucky abolition-
ists saw their hopes fulfilled with the August 1 exoneration
and release of a young death row inmate, Larry Osborne.
In between McQueen's alpha and Osborne’s omega,
Wedekind describes the birth of a social and political move-
ment. It was a painful labor and delivery.
Wedekind, a nationally respected civil libertarian, de-
scribes, for example, the utter frustration of opposing the
death penalty in Kentucky in 1997. “This taste of powerless-
ness lit a flame that became a fire in my belly.”
He needed that fire to weather the chill he and other abo-
litionists found in Frankfort when they started organized lob-
POLITICS
EDEKIND
Politics, Religion and Death: Mem-
oir of a Lobbyist By Carl Wedekind.
200 pp. Kentucky Coalition to Abol-
ish the Death Penalty. Available
online at www.kcadp.org and in
local bookstores. $16.
bying in earnest. Wedekind describes Kentucky's capital city
as the domain, with a few righteous exceptions, of imperious,
arch-conservative religious zealots...sometimes all wrapped
up in one.
There are many candidates, but the poster boy may have
been a “...pleasant, intense-looking man in his early forties”
named Stan Lee, a state representative from Lexington.
Wedekind tells how he and Rev. Pat Delahanty (the father of
the abolition movement in Kentucky) met this newly-elected
lawmaker.
The two were a few minutes into their routine briefing
when Representative Lee suddenly stood. He raised his
hands and delivered a lightning bolt from the Book of Revela-
tions, telling the slack-jawed lobbyists that their concerns
about this and all other worldly matters would soon be over.
What was over was the briefing.
But State Representative Gross Lindsay clearly took the
cake. As the all-powerful chair of the all-powerful House Judi-
ciary Committee, Lindsay deflected every question, cajole,
challenge, strategy and datum that Wedekind and his crew
threw at him.
Sometimes that deflection was delivered with aw-shucks
charm. Sometimes it felt like a sledgehammer.
Despite proof of Kentucky citizens’ growing opposition to
the death penalty, Lindsay bottled up death penalty bills in
his committee session after session. Other state representa-
tives were cowed by him or disagreed through the veil of old-
school gentility.
Wedekind pushed Lindsay to the boiling point. Finally con-
fronted, the chairman snapped. “Banging his fist on his desk,
Lindsay announced, ‘I don’t have to tell you why | do anything.
| don’t owe you, or anyone else, any explanation for what |
do.””
So it goes when the lobbyist tries to go through the wall.
Wedekind’s story, despite the frustrations, is ultimately a
story of hope. That hope has often come in the form of the
people who have fought the good fight alongside him.
He wraps up this way. “I continue to be amazed at the
workings of this world, but | decided it is simply better to be-
lieve that if you keep after it, good things will eventually hap-
pen. | believe this, and off we go again.”
Spoken like an amateur.
Doug Stern is a writer living in Louisville. He has lobbied against the death
penalty in Kentucky and currently serves as a grassroots abolition organizer
working with faith groups. He may be reached at stern.doug@gmail.com.
Death Recommended in Two Recent Trials
Phillip L. Brown, 25, of Columbia, was given the death penalty in
May in a retrial for the 2001 murder of Sherry Bland.
Brown had originally been convicted of the Adair County crime in
2003 and was sentenced to life without parole for at least 25 years.
The Kentucky Supreme Court, however, threw out the conviction last
year and granted Brown a new trial, ruling crucial evidence had not
been allowed to be presented.
He was sentenced to death in Bowling Green on Aug. 11.
In August a jury recommended the death penalty for Taquan C.
Neblett, 29, for shooting a Lexington music store employee two
years ago.
Neblett, of Lexington, was convicted of killing employee Derek
Elam and shooting store owner Sami Hajibrahim during a robbery of
Sami's Music.
He also had a prior murder conviction for killing a Louisville cab
driver at age 16. Neblett's senctencing is scheduled for Sept. 28.
September 2006
Page 3
Jefferson County Commonwealth Attorney Overreaches in Malik Case
Continued from page 1
= An undeserved and unprecedented capital charge;
= A vindictive capital filing after a rejected plea agree-
ment; and
™ other bizarre conduct worthy of Alice in Wonderland.
How bizarre? One day, Abdul Malik was taken from his jail
cell without notice or warning to his attorneys, brought to
court, and accused of being a persistent felon...for crimes to
which he had pled guilty — years before — in New York, his
home state.
Malik was forced in open court to enter a plea to the addi-
tional charge...without the knowledge or assistance of his
attorney! When Murphy later complained to the court that this
“midnight arraignment” violated Malik’s basic right to coun-
sel, the judge declined to take action and the prosecutor
made no excuses.
It gets worse. The prosecutor has made a motion to “limit
the number of times” and the manner in which Malik’s de-
fense team can interview witnesses in preparation for trial.
Murphy responded in court by noting that, among other
things, the prosecutor's conduct violated the Constitution.
Motions of this type raise serious doubts about the prose-
cutor’s motive in seeking death in this case. Every officer of
the court is charged with making sure truth is revealed and
justice is served. When agents of the Commonwealth attempt
to derail that effort, they undermine the credibility of the jus-
tice system. In 1976 the Kentucky Supreme Court wrote of
the role of the prosecutor in Niemeyer, “No one except for the
judge himself is under a stricter obligation to see that every
defendant receives a fair trial, which means the law as laid
down by the duly constituted authorities and not as the
prosecuting attorney may think it ought to be.” Doesn't a “fair
trial” include the right to prepare witnesses adequately?
“I'm outraged with the facts that Marc Murphy has laid
* out,” said Rev. Pat Delahanty, chair of the Kentucky Coalition
Fr
I
Membership
p Olndividual .... $15/year
[OFamily.... $25/year
Cotimited Income. ..$5/year
to Abolish the Death Penalty. Even Timothy McVeigh’s Ryder
truck failed to meet the definition of a weapon of mass de-
struction.
“Marc has argued in court — so far to no avail — that
never before has the State of Kentucky sought to execute a
defendant who did not participate in killing someone in the
commission of a robbery. The fact that the death in this case
was admittedly the result of an unfortunate collision during a
high-speed police chase apparently isn't enough to deter a
reckless prosecutor from seeking the death penalty.”
Delahanty added, “But the real outrage is that a common-
wealth attorney, sworn to uphold the law, is abusing his
power by misusing Kentucky law to frighten a defendant into
accepting a plea bargain for a penalty less than death.”
The General Assembly added “weapon of mass destruc-
tion” to Kentucky's law effective in June 2001. No person
could reasonably conclude that lawmakers intended for
prosecutors to seek the death penalty as the result of a ve-
hicular accident, regardless of the circumstances. Here is
how the law defines weapon of mass destruction: “Any de-
structive device as defined in KRS 237.030...”
KRS 237.030 states “(1) ‘Destructive device’ means any
explosive, incendiary, or poison gas bomb, grenade, mine,
rocket, missile, or similar device and includes the unassem-
bled components from which such a device can be made.”
Delahanty worried that the apparent disregard for a de-
fendant’s fundamental rights throughout this case is espe-
cially disturbing because several others are facing homicide
charges and potential death sentences in Jefferson County.
“This case,” he said, “demonstrates how broken a system
we have when it comes to seeking the death penalty. Now,
more than ever before, our General Assembly needs to take a
hard look at what passes for justice, and repeal the law that
permits executions.”
Save some postage. You can now pay dues
=| or make donations — even monthly pledges
— using PayPal. Visit www.kcadp.org TODAY.
I
1Special Gift to Help KCADP’s Work
Ito Abolish the Death Penalty in Kentucky Order Politics, Religion and Death Today
Ihs25 Ci$50 $100 N$500 $1000
You can use this form to order your copy of the new book by
Lee. Carl Wedekind, Politics, Religion and Death: Memoir of a Lobbyist.
! Each book costs $16, plus shipping and 6% Kentucky Sales Tax
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Page 4 September 2006
Capital Update
Have Faith | Grassroots initiative
is catching on
By Nancy Rowles
Did you just hear something?
It's probably the sound of faith groups across Kentucky. That’s because we've recently been helping raise the volume
against the death penalty.
Since April, the Kentucky Coalition to Abolish the Death Penalty has been working with groups across Kentucky to reach
key lawmakers.
Covington’s Mother of God Catholic Church is an example. That’s where | worship and it’s where people such as Sister
Dorothy Schuette are responding to KCADP’s call to contact the state senators and representatives who serve on the judici-
ary committees.
We're not alone:
= Jean and John Rosenberg have helped get KCADP on the September agenda of the Floyd County Ministerial Associa-
tion. They'll talk about ways to let Sen. Ray Jones (D—Pikeville) know how they feel about the death penalty.
= In Morehead, Rev. Jay Von Handorf is working with his parish—dJesus Our Savior Catholic Church—and local minis-
terial association to reach Rep. Rocky Adkins (D—Sandy Hook), the House Majority Floor Leader. Father Jay is also
considering a Faith in Action event in October.
= Sister Mary Schmuck and Kathy Krug have gotten the issue on the November agenda of the Southern Kentucky Mis-
sion of the Louisville Catholic Archdiocese. The plan is to invite Rep. Jeff Hoover (R—Jamestown) to a future meeting.
He’s the House Minority Floor Leader and a member of the House Judiciary Committee.
= JoAnn Schwartz and Rev. Stef Bankemper have gotten the attention of Rep. Joe Fischer (R-Ft. Thomas). They're all
connected through St. Catherine of Siena Catholic Church, Ft. Thomas.
My efforts have focused on Sen. Katie Stine (R—Ft. Thomas). JoAnn Schwartz and her friend Nancy Sullivan are teaming
up to contact Senator Stine, an Episcopalian who worships with Nancy.
No matter how you look at it, we’re making progress. We'll be better prepared to get abolition bills heard——and passed—
by the judiciary committees when the 2007 session of the General Assembly kicks off in January.
So, add your voice. Contact Doug Stern (stern.doug@gmail.com), KCADP's grassroots organizer.
Amnesty International
zi es 5 Kentucky Coalition Non-Profit Org.
National Weekend of Faith in Action to Abolish the Death Penalty U.S. Postage
P.O. Box 3092 PAID
October 20 — 22, 2006 Louisville, Kentucky 40201-3092 Louisville, KY
Permit No. 110
The National Weekend of Faith in Action (502) 636-1330
on the Death Penalty (NWFA) is another Email: kcadp@earthlink.net
opportunity for faith communities and inter- Website: www.kcadp.org
faith groups to examine the death penalty
from a faith-based perspective. .
We invite you to devote time during the If there is no
weekend of October 20-22 to an examina- date on your
tion of the death penalty issue, using your address label or
own faith traditions as a starting point.
Many excellent resources are available
from Amnesty International. Interested
readers can easily find them at
www.amnestyusa.org/faithinaction/.
Start planning today and contact
KCADP or Amnesty with questions or for
help.
a date prior to
09/30/2006 ,
please take the
time to renew
your member-
ship. See page 3
for membership
form.
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