The Courier-Journal News Article "Death Penalty for Juvenile Opposed, Poll Shows. Results Released as Patton Ponders Stanford Case", 2002 October 25

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            Local/Regional ť News Item Friday, October 25, 2002 
            Death penalty for juveniles opposed, poll shows 
            Results released as Patton ponders Stanford case 
            By Joseph Gerth 
            jgerth@courier-journal.com
            The Courier-Journal 
            Nearly two-thirds of Kentuckians strongly or somewhat favor 
            eliminating the death penalty for people who commit murders as 
            juveniles, according to a poll by the University of Kentucky's 
            Survey Research Center. 
            The finding comes at a time when Gov. Paul Patton is being asked to 
            spare the life of Kevin Stanford, who is awaiting execution for a 
            1981 Jefferson County rape and murder that he committed when he was 
            17. 
            Denis Fleming, Patton's general counsel, said yesterday that the 
            poll results would not affect the governor's decision whether to 
            commute Stanford's sentence to life in prison but that Patton agrees 
            with the poll's respondents. 
            ''Based on the philosophical concerns he has about the application 
            of the death penalty for juveniles, the poll reflects a concern'' 
            Patton already has expressed, Fleming said. 
            But state Sen. Robert Stivers, chairman of the Senate Judiciary 
            Committee, which serves as a gateway for death-penalty legislation, 
            said he doubts the poll results will change the minds of many 
            legislators who support capital punishment. A bill supported by 
            Patton to do away with the juvenile death penalty failed earlier 
            this year. 
            ''I don't see there will be a whole lot of movement on it this 
            session either,'' said Stivers, RManchester. ''Polls are done in a 
            vacuum, but when people hear about the things these people have done 
            it would be interesting to see how their opinions change.'' 
            Public advocate Ernie Lewis said that comment bothered him. 
            ''I'm a little concerned that elected officials, when confronted 
            with these kind of poll results, aren't a little more concerned 
            about being out of step with the people of Kentucky. When a 
            consistent pattern develops over time, it's up to elected officials 
            to respond to that,'' he said. 
            The poll was conducted July 20 through Aug. 26 by UK's Survey 
            Research Center. It asked 882 Kentuckians about various issues, 
            including the juvenile death penalty. The poll's margin of error was 
            plus or minus 3.3 percentage points. 
            The state Department for Public Advocacy, which represents most 
            inmates on Kentucky's death row, commissioned the juvenile death 
            penalty question and released the results this week in its 
            ''Legislative Update'' that goes to state senators and 
            representatives. 
            Lewis said the release wasn't timed to coincide with the U.S. 
            Supreme Court's decision this week not to take up Stanford's case 
            and the issue of whether executing juvenile offenders violates the 
            Constitution's ban on cruel and unusual punishment. ''We just wanted 
            legislators to have these results in their hands before they go back 
            to Frankfort,'' he said. 
            Early next week, Attorney General Ben Chandler will send Patton a 
            request for a death warrant for Stanford, said Barbara Hadley Smith, 
            Chandler's spokeswoman. 
            Stanford's lawyers have already asked Patton to commute Stanford's 
            sentence. 
            Smith said Patton has requested from Chandler's office information 
            about Stanford and his trial -- a step he never took in 1997 before 
            he denied clemency to Harold McQueen, who ultimately died in the 
            electric chair for a Madison County murder. 
            Stanford, 39, was convicted of killing gas-station attendant Baerbel 
            Poore. Stanford and David Buchanan took turns raping and sodomizing 
            Poore during a robbery at a Checker Gas Station on Cane Run Road in 
            Jefferson County before Stanford took Poore to a secluded spot and 
            shot her twice in the head. 
            Buchanan, who is serving a life sentence, and Stanford then returned 
            to the gas station, took two gallons of gasoline, 300 cartons of 
            cigarettes and $143.07. 
            Kentucky law allows the execution of people who commit aggravated 
            murder as 16or 17year-olds, but death-penalty opponents plan to 
            offer legislation that would allow the death penalty only for those 
            18 or older. The UK poll asked people if they support that 
            legislation. 
            In all, 63 percent said they strongly favor or somewhat favor the 
            legislation, and 32 percent somewhat oppose or strongly oppose it. 
            The poll question was long. Ron Langley, director of the Survey 
            Research Center, said he had initial concerns about that but said 
            the fact that only 5 percent said ''don't know'' indicates they 
            understood what was being asked. 
            While Kentucky residents generally support the death penalty, they 
            have followed national trends that show little support for executing 
            people who killed when they were juveniles. 
            A Gallup Poll conducted in May found that 69 percent of Americans 
            oppose the death penalty for juveniles, while only 26 percent favor 
            it. Kentucky is one of only 22 states that allow people under age 18 
            at the time of the crime to be executed, according to the Death 
            Penalty Information Center, a Washington-based group that opposes 
            capital punishment. 
            The UK Survey Research Center found in 2000 that only 15.5 percent 
            of people polled thought the death penalty was the most appropriate 
            penalty for a juvenile convicted of aggravated murder. 
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