[Deathpenalty]death penalty news --- KENTUCKY (temp. stay)
j_sommer at gmx.net
Tue Nov 23 19:16:03 CST 2004
death penalty news
November 23, 2004
KENTUCKY: ! ! T E M P O R A R Y S T A Y ! !
Temporary injunction blocks Bowling execution
A judge on Tuesday granted a request to block the execution scheduled next
week for a condemned inmate while his legal challenge to Kentucky's method
of conducting lethal injections is pending.
Franklin County Circuit Judge Roger Crittenden said Thomas Clyde Bowling's
case "raised a substantial legal question" about the way Kentucky carries
out executions. He said he would issue a temporary injunction.
Attorneys for Bowling argued that Kentucky does not have in place
procedures that would guarantee the inmate does not suffer cruel and
Bowling and another Death Row inmate, Ralph Baze, filed the suit in August.
Bowling was convicted of murdering a young couple in Lexington in 1990.
Earlier this month his execution was set for Nov. 30.
Ted Shouse, a Kentucky Department of Public Advocacy attorney who argued
the case for Bowling, said he expected Crittenden's ruling would be
appealed. Still, Crittenden's ruling "recognized that there are serious
problems" with the way Kentucky administers death by lethal injection,
Shouse claims there is evidence that anesthesia wears off quickly, and
inmates may be awake when the fatal chemicals are injected.
"The court today recognized that there are serious problems with the
method, the manner, of execution in Kentucky," Shouse told reporters after
Department of Corrections Commissioner John D. Rees issued a statement
saying the state was "following the guidance of the court." While the
ruling temporarily blocks the execution on Nov. 30, the department is
"continuing with our preparations until we have a definitive resolution,"
Rees said in the statement.
A spokeswoman for Attorney General Greg Stumbo declined an immediate
comment on Crittenden's ruling.
In a separate proceeding related to Bowling's execution, the Kentucky
Supreme Court was to hear arguments later Tuesday on whether to stop the
execution while it is determined if Bowling is mentally retarded. The U.S.
Supreme Court has ruled it is unconstitutional to execute the mentally
Bowling gets stay of execution after questions raised about protocol
A Franklin Circuit Court judge stayed the planned Nov. 30 execution of
Death Row inmate Thomas Clyde Bowling Jr. on Tuesday, saying questions
about the state's execution protocol should be answered before a death
sentence is carried out.
Defense lawyers said they found inconsistencies between state corrections
department actions during executions and a document that says what should
be done during executions.
The state attorney general's office said it probably will appeal Judge
Roger Crittenden's decision. The execution could go ahead as planned if an
appeals court were to hear the case and make a decision before Nov. 30.
Bowling, 51, was sentenced to die in 1991 for killing Tina and Eddie Earley
in front of their Lexington dry-cleaning business in April 1990.
For more on this story, see Wednesday's Herald-Leader.
(source: Lexington Herald-Leader)
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