Conway calls for executions while others call for moratorium

ABA committee wants to study death penalty in Kentucky

By RONNIE ELLIS

FRANKFORT — On the same day Attorney General Jack Conway asked Gov. Steve Beshear to set execution dates for three convicted killers, several private attorneys and the Department of Public Advocacy asked the governor to implement a moratorium on state executions.

All three – Ralph S. Baze Jr., Robert C. Foley, and Gregory A. Wilson – committed “horrific crimes,” according to Conway’s letter and taken a toll on their families. All have exhausted “matter of right” appeals although they have other appeals pending.

Conway sent his request on the same day Beshear received a request from 12 private attorneys asking Beshear not to sign any death warrants until a committee of Kentucky legal experts recruited by the American Bar Association evaluates the state’s use of the death penalty at the request of the American Bar Association.

Beshear was out of his office Monday, but his spokeswoman Kerri Richardson confirmed receipt of the attorneys’ letter but said he continues to support the use of the death penalty.

“While the Governor is willing to look at any recommendations on how state government can improve its operations, he remains committed to enforcing the death penalty for violent and heinous crimes and reviews each case to see if extenuating circumstances exist,” Richardson said. She said Beshear will carefully review Conway’s requests for the executions of Baze, Foley and Wilson. Richardson said Beshear will “examine the legal status of each case before making any determination on execution dates.”

Baze was convicted in 1994 of the 1992 murders of Powell County Sheriff Steve Bennett and Deputy Sheriff Arthur Briscoe who attempted to serve Baze with several felony arrest warrants. Both were shot multiple times in the back with an assault rifle.

Foley was sentenced to two death sentences in Laurel Circuit Court in 1993 for the murders of brothers Rodney and Lynn Vaughn. Foley and Rodney Vaughn argued and fought at a party at a home and Foley later shot Rodney Vaughn six times in the presence of Lynn Vaughn. He was convicted of then shooting Lynn Vaughn, execution style, in the back of the head. At the time, Foley had been convicted of four other homicides.

Wilson was convicted in 1994 of the 1992 kidnapping, rape and murder of Deborah Pooley of Kenton County, forcing her into her own car at knife point. While his female accomplice drove Pooley’s car, Wilson allegedly raped Pooley in the back seat, eventually strangling her to death.

Ed Monahan, the state’s chief Public Advocate, said it is “uniquely inappropriate to call for executions while the ABA assessment team does its study and while each of these defendants has pending litigation and appeals.”

The ABA has conducted similar death penalty reviews in eight states, Monahan said, and has begun a second round which includes Kentucky. Monahan said there are “serious problems” with Kentucky’s death penalty process which “bring into question its appropriateness,” including death row inmates who are severely mentally ill or had ineffective legal representation. He said at least a couple have “strong claims of innocence and are struggling to get DNA evidence” to prove they didn’t commit the crimes for which they were convicted.

Kentucky has executed three persons since 1957 – five others under death sentence were granted clemency by governors. The last person executed was Marco Allen Chapman a year ago. According to DPA, there are 35 persons now on death row in Kentucky. Monahan said that 50 Kentucky capital cases have received full review by the Kentucky Supreme Court and Sixth Circuit Court of Appeals and 42 were reversed because of serious errors.

“The error rate in Kentucky capital cases over the last 33 years is stunning and unacceptably high,” Monahan said. “It is compelling evidence that indicates the system is broken.”

Jason Nemes, an attorney with Dinsmore and Shohl and former director of the Administrative Office of the Courts who signed the letter seeking the moratorium. Understands Beshear and Conway have constitutional duties to perform but said he was disappointed with the decision to move forward with the three executions.

“There have been less than five executions in over 40 years in Kentucky, so a moratorium while the (ABA) review is pending would simply reflect the status quo,” Nemes said. “The prudent and responsible course would be to hold off on executions while the ABA group conducts its review.”

Of the 50 KY capital cases that have exhausted review by the Kentucky Supreme Court and the Sixth Circuit Court of Appeals, 42 have been reversed

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.