October 7, 2010
Ron,
Per our conversation a week or so ago, I have had Don Vish, who is our full time staff person at
the Ky Coalition to Abolish the Death Penalty, review the DVD of the Judiciary Committee
hearing and summarize pertinent parts of it for you.
In addition to what he prepared, I have added questions of my own in red text. What I hope you
and others you mentioned can do is give us your best advice about how we respond to the
concerns of certain legislators regarding the language and intent of the bill, referred to as HB 16
which was its number in the past session of the General Assembly. We plan to introduce the
same language this time, unless you think we could make some changes that might accommodate
the concerns raised here, but without changing the intention of this legislation in any way.
We want language that exempts the severely mentally ill from facing death without opening any
door to every defendant making a claim of this type.
I am not worried about the comments of Harry Moberly, a die-hard advocate of the death
penalty. He is retiring and will have no vote on this issue. Nor am I too concerned about Senator
Jones who also supports the death penalty and whose comments were not meant to be helpful. I
don’t think there is much advantage in arguing about whether the judge or the jury makes the
determination until the person has demonstrated he supports the concept and is now looking for
the best way to prevent executing severely mentally ill persons. Senator Jones is not there yet.
Enclosed are the summary prepared by Don, the text of HB 16 introduced this past session, and
the DVD in case anyone wants to look at it.
I really appreciate any time you can give this. We have 7 votes on the House committee and need
8 which is why I would like to win over Fischer, Kerr, and Hoover — or at least one of them.
Then we can worry about the Senate which will be a harder sell, but not impossible.
My cell phone is 502 494 3298 and Don’s is 502 299 0155.
My email: delahantyp@bellsouth.net; Don: donaldvish@att.net
Thank you very much for your help.
Pat Delahanty
Chair
KCADP
