Senator Robin L. Webb, D-Grayson, has filed a bill to reform Kentucky’s
death penalty process to ensure an innocent person is not executed.
“If you have the
death penalty in the commonwealth, we need to make sure it is administered in a
fair and just way,” said Senator Webb, who is a practicing attorney. “There is
a humanitarian aspect to this in additional to a fiscal impact to the state.
We’ve had a lot of litigation over our manner of execution.”
The American Bar
Association released an intensive report in December 2011outlining a myriad of
problems with Kentucky’s death penalty. It cited 95 specific things that need
to be fixed. Senate Bill 190 is a response to the reasoned recommendations of
the ABA Assessment Team, which included two retired Kentucky Supreme Court
Justices, a former chair of the House Judiciary Committee, distinguished law
professors and respected bar leaders, all from Kentucky. This was the most
extensive study and analysis of the manner in which the death penalty is
administered in Kentucky that has been undertaken.
“The Kentucky Death
Penalty Assessment Team, sponsored by the American Bar Association, spent over
two years studying virtually every aspect of the administration of the death
penalty in the commonwealth,” said Linda Sorenson Ewald, co-chair, Kentucky Penalty
Assessment Team. “Our review led us to the inescapable conclusion that our current
system is deeply flawed and in serious need of reform. The Kentucky Assessment Report
was released over three years ago and, to date, not a single recommendation has
been implemented. Senate Bill 190, introduced by Senator Robin Webb, is a
significant step forward in addressing some of the most critical problems of
our capital system. Something must be done immediately. We cannot continue to
close our eyes to the unfairness of our current practices and procedures and to
the risks of executing an innocent person.”
Senator Webb’s bill
calls for more law enforcement training in the use of lineups, interrogations
and mental health issues. It would also require judges to have training in
recognizing cognitive disabilities and mental health issues.
The bill also
addresses the growing use of DNA in criminal prosecutions and in exonerating
inmates on death rows across the United States. SB 190 would move the state
crime laboratory to an independent office in the Justice and Public Safety
Cabinet, develop law enforcement training relating to biological evidence and
ensure defense attorneys have equal access to DNA testing. Senator Webb said
one important goal of the legislation is to make sure biological evidence is
preserved.
SB 190 builds on
legislation from 2013 (House Bill 41) that allowed people already convicted of
a crime to get evidence in their cases tested for DNA. That process is known as
post-conviction DNA testing.
It would also set minimum
standards for both defense attorneys and medical examiners involved in death
penalty cases. That’s in addition to creating guidelines for the exercise of
prosecutorial discretion in capital cases.
“This legislation is
not to abolish the death penalty,” said Senator Webb, “but rather recognizes
that if we have the death penalty, it must be done right. We must make sure that
any deficiencies in the administration of the death penalty in Kentucky are
corrected.”
The assessment team
found that from 1976 to November 2011, 78 people were sentenced to death and 52
of these individuals had a death sentence overturned on appeal or federal
courts, or been granted clemency. Just last week, there were two additional
cases of men on Kentucky’s death row having their convictions overturned by two
separate courts. Within the period from 1976 to 2011, the assessment team found
an error rate of 67 percent.
“Since 1976, there
has been one involuntary execution in Kentucky while we have had most death
sentences reversed because of grievous errors at the cost of hundreds of
millions of dollars. Since 2011 we have Kentucky legal experts telling us
through a comprehensive Program Audit that we have to make many changes to fix
the broken system. Last week there were two additional reversals of Kentucky
death sentences because of mortal errors. A majority of Kentuckians support a
suspension of executions to allow time for problems within the system to be
remedied. The time is now to reduce the error, waste, and abuse with the common
sense reforms in Senator Webb’s SB 190,” said Ed Monahan, public advocate,
Kentucky Department of Public Advocacy.
Others also lend
their voices in support of SB 190.
“The Kentucky
Coalition to Abolish the Death Penalty appreciates Senator Webb's willingness
to limit the possibility of wrongful convictions in Kentucky's death sentencing
process. Until full repeal is possible, and Kentucky gives up on the death
penalty, as did Justice Harry Blackmun and The American Law Institute, Senate
Bill 190 is a step in the right direction,” said the Rev. Patrick Delahanty,
chair, Kentucky Coalition to Abolish the Death Penalty.
“In December of
2011, the Kentucky Death Penalty Assessment Report pointed to numerous ways in
which the death penalty in Kentucky was broken, and called for a temporary
suspension of executions unless the problems were addressed. If enacted into
law, Sen. Webb's SB 190 would go a long way toward ensuring fairness and
reliability in Kentucky's death penalty procedures. Unless SB 190 is passed,
the problems addressed in the 2011 report will continue to call into question
whether Kentucky can have a constitutional death penalty,” said Ernie Lewis,
KACDL legislative agent and former Kentucky Public Advocate.
SB 190 has been
assigned to the Senate Judiciary Committee.
