Kentucky

Frankfort, KY :  Several legal authorities on criminal justice are calling on Governor Steve Beshear to suspend executions in Kentucky pending resolution of the budget crisis adversely impacting the Kentucky Public Defender system?s ability to provide the required level of legal representation.

?The budget for the Department of Public Advocacy (?DPA?) for the fiscal year will be exhausted by May 2009 or earlier, leaving up to two or more months in the fiscal year during which Kentucky?s public defender system will be forced to shut down, leaving Kentucky?s indigent criminal defendants without court appointed counsel.  The criminal justice system in Kentucky will not have funds to function, and public safety will be put at risk? according to a statement by the Kentucky Department of Public Advocacy and the Louisville and Jefferson County Public Defender Corporation filed in Franklin Circuit Court February 24, 2009.

 ?The budget shortfall creates a likelihood that counsel will be unavailable or unable to properly proceed, thereby jeopardizing prosecutions and resulting in flawed, unreliable outcomes, expanded litigation and reversal of convictions,? said Daniel T. Goyette, Chief Public Defender for Jefferson County and an Adjunct Professor at the Brandeis School of Law at the University of Louisville .

Former Kentucky Supreme Court Justice James E. Keller of Lexington said: ?I?m not opposed in principle to the death penalty, but at this time I support a moratorium on the death penalty while the state reviews whether it should be retained, or at least reviews how it has been implemented since it has been reinstated.  If, however, the budget crisis denies effective legal assistance to defendants charged with a capital offense as claimed by the Public Defender?s office, then that is an additional reason that I would support a moratorium on executions at this time. ?

?As a former Commonwealth?s Attorney, I see insurmountable legal obstacles to prosecuting death penalty cases when the defendants are not adequately represented by counsel for any reason, including a budget crisis,? added Marc S. Murphy, former Jefferson County Commonwealth?s  Attorney.

?The constitution guarantees an accused defendant the right to have effective assistance of counsel? said Robert G. Lawson, former dean of the University Of Kentucky College Of Law, who has been extensively involved in law reform efforts in Kentucky as principal drafter of the Kentucky Penal Code.  ?We are hearing from the people in the defender system that they are unable to render effective assistance due to the budget cuts. I support a moratorium on executions at this time.?

?Prosecuting and defending capital cases causes such a drain on public resources that I believe the death penalty to be unwise even in normal times.  In the current economic environment, pushing ahead with capital cases and actual executions is fiscally irresponsible,? said Chase Law School Professor Michael J. Z. Mannheimer, an authority on federal death penalty cases.

Here is a copy of the letter with signatories and motion for summary judgment:

March 5, 2009



The Honorable Steve Beshear

Governor of Kentucky



Dear Governor Beshear:



Each of the persons named below respectfully requests that you declare a moratorium on executions in Kentucky for the reasons set forth in the attached public statement.  The public statement is embargoed for release until 10:00 a.m., Monday, March 9th, and we wanted you to have this request in hand before that time.



Sincerely yours,

Hon. James E. Keller (Kentucky Supreme Court, Retired)/Lexington, Kentucky/859-252-9000/Fax: 859-233-4269/jkeller@gmalaw.com

Robert G. Lawson/University of Kentucky College of Law, Room 251/Office: (859) 257-1936/Fax: (859) 323-1061/lawsonr@uky.edu

Marc S. Murphy/ Stites & Harbison, PLLC/ 400 W. Market Street/ Louisville, Ky 400202/Office: 502-587-3400/Fax: 502 587-6391/ mmurphy@stites.com

Michael J. Z. Mannheimer/ Salmon P. Chase College of Law/: mannheimem1@nku.edu /Phone: 859.572.5862 /Fax: 859.572.5342

Daniel T. Goyette/Chief Public Defender/Metro Louisville/717-719 West Jefferson Street/Louisville, KY 40202-2716/Office: 502-574-3720/Fax: 574-1414/ Goyette@thepoint.net

Edward C. Monahan/Department of Public Advocacy/100 Fair Oaks Lane/Suite 302/ Frankfort , KY   40601/Office: (502) 564-8006 /Fax: (502) 564-7890.

http://drop.io/dpasummaryjudgment/asset/sumjudmotiondpa-pdf (Summary Judgment Motion & Brief describing budget crisis)