FRANKFORT, Ky. - "Broken beyond repair" is how death penalty abolitionists describe Kentucky's system of capital punishment. They believe results of a two-year review of the death penalty by legal scholars, attorneys and former Kentucky Supreme Court justices signal it is time for an outright ban of state executions.

A recent report by the American Bar Association (ABA) Kentucky Assessment Team on the Death Penalty concluded that the Commonwealth should temporarily suspend executions until problems with fairness and accuracy are corrected.

Donald Vish, director of education and advocacy with the Kentucky Coalition to Abolish the Death Penalty, says the report's conclusions were of no surprise, and prove the system is incapable of delivering justice.

"While we agree with the call for a moratorium, I think one group hopes to be able to fix the problems during the moratorium, while we hope that the General Assembly will determine that it should be abolished altogether."

A recent survey commissioned by the ABA found that 62 percent of Kentucky voters support suspension of executions in Kentucky. The 500-page review found no uniform standards on eyewitness identifications and police interrogations, and a high error rate in death sentences, with more than 60 percent overturned on appeal.

Kate Miller, a program associate with the ACLU of Kentucky, says the frequency of inadequate counsel in handling capital cases is also evidenced in the report.

"Of the 78 people who have wound up with death sentences, 10 of those individuals were represented by attorneys who were later disbarred, and we know the public defenders are overworked and underpaid."

The study also found that Kentucky lacks safeguards to ensure that defendants with mental disabilities are not put to death.

Vish points out that jury sentencing patterns over the last several years show Kentuckians' discomfort with exacting capital punishment.

"What do ordinary Kentucky citizens do? They're impaneled on a jury; they determine that the defendant is guilty. They do not impose the death penalty. That seems to be the ultimate public opinion poll."

Kate Miller says the legal teams' recommendations for addressing the system are too complex and expensive, and that leaves room for only one solution.

"The death penalty system has failed as public policy. Especially since a majority of Kentuckians don't want the death penalty anymore, it's time we just take it off the table permanently."

Legislation to ban executions of people with severe mental illnesses and to abolish the death penalty altogether are expected to come before the Kentucky General Assembly when it convenes next month.

The report is available at http://ambar.org/kentucky.




get more stories like this via email

Indiana lawmakers continue to debate THC rules while surrounding states move forward with marijuana legalization.

Senate Bill 478 targets packaging and branding rules for legal THC products sold to people 21 and older. Lawmakers want to prevent the products from mimicking candy or snacks, which might appeal to minors. The bill would require testing and stricter packaging for craft hemp flower and other THC items.

Rep. Jake Teshka, R-North Liberty, sponsored the bill.

"This market right now is the wild, wild West," Teshka contended. "I think what this bill attempts to do is to ensure that the safety of Hoosier youth and Hoosier consumers comes first and primary in our efforts to regulate this product."

Delta 8, Delta 9 and Delta 10 products-chemicals with THC levels under 0.3% remain legal in Indiana and often appear in gas stations, smoke shops and dispensaries. Committee members provided input for possible changes to the bill and recessed before acting but plan to reconvene soon.

Although marijuana sales remain illegal in Indiana, nearby states allow both recreational and medical use. Across the country, nearly 40 states allow medical marijuana and 24 permit recreational sales.

Rep. Timothy Wesco, R-Osceola, said in conference committee Monday the current bill offers far too many permits.

"In the future, if there are additional permits needed we could always come back and increase that number of permits," Wesco argued. "But the 20,000 is essentially more than 200 locations per county in our state on average, and I think is far too accessible and available."

The House has passed two amendments to the bill this session. One limits sales near schools and another changes the definition of e-liquids.


get more stories like this via email

Parents of students killed or injured in school-zone crosswalks are backing a measure in the Ohio General Assembly to increase the penalty from a misdemeanor to a felony.

The bill, entitled "Aspen Runnel's Law," was introduced after 15-year-old Aspen Runnels was struck and killed in a crosswalk outside Lakota East Freshman School in Butler County last year.

Aspen's mother, Christina Alcorn, said the 30-day sentence given to the driver is not enough of a deterrent for speeding in a school zone.

"We're hoping that people will start paying a little bit more attention," said Alcorn, "because we all have children in our lives - whether it's our own children, grandchildren, godchildren, nieces, nephews, whatever it may be. Almost everybody has a child in their life that they want to see come home safely."

The driver pleaded guilty to vehicular homicide in Aspen's death and was sentenced to 30 days in jail, 60 days of house arrest, probation, and community service.

The new law would make vehicular homicide in a school zone a felony, with six to 18 months in prison and fines of up to $5,000.

Alcorn is working to pass the bill with another Ohio mother, Trisha Parnell, whose daughter Maddy was struck and seriously injured in 2018 in a collision in a school zone in the same district.

Alcorn said she was shocked by how lenient the school zone penalties were compared to other types of collisions.

"We were a little baffled," said Alcorn. "Most people that we've spoken to about this have been, first of all, surprised that this wasn't already a law on the book, but also that the children in the school zone were not considered protected like a construction zone would be."

House Bill 203 awaits a hearing before the Ohio House Judiciary Committee. Alcorn said she wants tougher consequences so drivers think twice before speeding in a school zone.

"The main thing is that the charges are elevated," said Alcorn, "and that people feel a deterrent for speeding or distracted driving in school zones."

April is Distracted Driving Awareness Month. According to the National Highway Safety Administration, more than 3,200 people were killed in 2023 by distracted drivers.

This story was produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.



get more stories like this via email

Indiana lawmakers approved a bill Tuesday to eliminate judgeships in eleven mostly rural counties as part of a statewide judicial reallocation.

The Senate passed the measure 33-16, sending it back to the House for consideration. House Bill 1144 originally added judicial positions in Elkhart, Hamilton, Lawrence and Vigo counties but senators amended the bill just before a key deadline to cut one court each in Blackford, Carroll, Gibson, Greene, Jennings, Monroe, Newton, Owen, Pulaski, Rush and Scott counties. It also removes six juvenile magistrate positions in Marion County.

Sen. Jean Leising, R-Oldenburg, said her constituents were shocked by the news.

"I know there're others that wish maybe counties would have been named instead of waiting until the final day for the final meeting in appropriations to actually make that list," Leising pointed out. "That's created quite a frenzy."

State officials said the move will save nearly $750,000 in 2027 and up to $2.75 million by 2032.

Sen. Liz Brown, R-Fort Wayne, chair of the Senate Judiciary Committee, pushed back against some senators who raised concerns about the timing and transparency of the amendment.

"I'm going to disagree a little bit, this caseload quote - or whatever it's called - and that was last minute, it's not," Brown stated. "They're all very much aware of this because when they come before the summer study every two years, these are the exact numbers and measurements they use when they ask us to add a court."

The House must now decide whether to accept the changes or send the bill to a conference committee.


get more stories like this via email