Louisville Courier-Journal - OCTOBER 17

Kentucky - Gov. seeks ends to juvenile executions

Patton buoys death-penalty foes---He wants to outlaw execution in crimes by those under 18

Gov. Paul Patton announced yesterday that he would support legislation that would outlaw the execution of people who committed capital crimes before their 18th birthday.

The announcement came as death-penalty foes picked up their efforts to do away with or scale back the death penalty in Kentucky, outlining their plans for the 2002 General Assembly at a meeting yesterday of the House and Senate Joint Committee on Judiciary.

Foes of capital punishment plan to attack several issues, but some said yesterday -- before Patton's announcement -- that a bill prohibiting the execution of those who commit capital crimes as juveniles had the best chance of passage. Kentucky's law complies with a U.S. Supreme Court decision that sets the minimum age for execution at age 16.

Enactment of such a law could save the life of Kevin Stanford of Louisville, who was convicted in the 1981 rape and murder of gas station attendant Baerbel Poore. Stanford was 17 years and 4 months old at the time of the murder.

But Kenton Smith, the commonwealth's attorney for Meade, Grayson and Breckinridge counties, told the committee that although he has not always sought the death penalty for youths accused of capital crimes, the option helps in arranging pleas and is sometimes warranted.

"The death penalty is for cases that cry out for it," he said. "It's not for every case."

But Patton said through Denis Fleming, his general counsel, he doesn't believe all minors are capable of making such life-ordeath decisions. "He opposes that provision on the grounds that he questions whether 16 or 17-year-olds are capable of fully understanding the consequences of their actions," Fleming said.

The Rev. Patrick Delahanty, a Louisville priest who heads the Kentucky Coalition to Abolish the Death Penalty, said Patton's statement was good news for his cause because it could free up some Democrats who were on the fence on the issue.

Although Patton supports changing the law, Fleming said the governor would not consider commuting Stanford's death sentence on the basis of his age when the crime occurred. Stanford is nearing the end of his appeals and could be executed within the 1st 6 months of next year.

Patton's "position on that is he will support the law as it is written," Fleming said. "He has confidence in the courts and the appellate system."

Stanford is the only person on Kentucky's death row for a crime that took place before the offender turned 18.

Patton has long supported capital punishment and has signed the warrants that ordered the 2 executions carried out since the punishment was reinstated in Kentucky in 1976.

The Kentucky Coalition -- churches, human-rights groups and individuals -- said yesterday that it would seek 4 new laws in 2002, just as it did during the 2001 session of the legislature.

One would do away with the death penalty, one would place a moratorium on carrying out a death sentence for 5 years, another would outlaw the punishment for crimes committed by juveniles and the last would make an existing law that prohibits executing the mentally retarded retroactive.

Commonwealth's attorneys from around the state testified yesterday that they would oppose the moratorium as well as the repeal of the death penalty but said they had not taken a stand on the other issues.

George Moore, president of the Kentucky Commonwealth's Attorneys Association, told the committee that a sizable number of commonwealth's attorneys might even support the juvenile issue. "Some of us might surprise you," he said. 12 states don't have the death penalty and 18 others outlaw it for people under the age of 18.

Kerby Neill, a child psychologist from the University of Kentucky, testified that those under 18 aren't always capable of making informed decisions and that the law recognizes that when it prohibits children from joining the military or voting and sets minimum ages for driving cars and drinking alcohol.

Juvenile Justice Commissioner Ralph Kelly echoed his concerns and noted that only 6 other countries execute children: Iran, Yemen, Saudi Arabia, Pakistan, Nigeria and the Congo.

"It's interesting that we're in such company on this issue in light of what happened Sept. 11," he said. Yesterday's hearing came with a number of tense exchanges between legislators and those testifying, but the testimony of Jane Chiles, the executive director of the Catholic Conference of Kentucky and a longtime lobbyist, seemed to stop the show.

Although Chiles has told countless legislators she opposes the death penalty, some doubted she or other opponents could cling to their beliefs if something unimaginably horrible happened to a loved one.

But in an emotional address to lawmakers, Chiles said she could.

"My 26-year-old nephew, Scott Johnson, was a victim of one of the most horrific crimes ever to occur on U.S. soil," she said., while urging the General Assembly to do away with the punishment. "Scotty was murdered on Sept. 11, 2001, while working on the 89th floor of the World Trade Center."

Moore, the commonwealth's attorney for Montgomery, Bath, Menifee and Rowan counties, defended the death penalty in general, questioning opponents' polling that shows decreasing support.

Polls he's seen indicate 65 % of Kentuckians support the death penalty, he said, "and I haven't seen any polls since September but I have a high degree of confidence that number has gone even higher."

Chiles said while she questioned her own opposition after the terrorist attack, she decided she had been on the right side of the issue all along.

"I took myself back to my basic belief -- that all life belongs to God and He will decide the punishment," she said in an interview. "Although someone took Scotty's life, I can't make that same mistake. When it comes down to judging Jane Chiles and (Osama) bin Laden, I want God to judge bin Laden."