Attorney General Russell Coleman asks court to overrule Beshear on death penalty
FRANKFORT, Ky. – Attorney General Russell Coleman announced Friday he has asked the Franklin Circuit Court to overrule Gov. Andy Beshear regarding the death penalty involving a Kentucky inmate.
According to a release by the attorney general’s office, Coleman wants the court to “clarify that there is no impediment to the governor’s signing of a death warrant for Ralph Baze, who brutally killed two Powell County law enforcement officers more than 30 years ago.”
The release states Coleman is arguing that the 15-year-old court order blocking the death penalty does not apply to Baze and that Beshear’s “misreading of the law continues denying justice to the families of Powell County sheriff Steve Bennett and deputy sheriff Arthur Briscoe.”
In June, the release says Coleman sent a letter to Beshear formally requesting he sign “a death warrant” for Baze.”
In the letter, officials say Coleman made it clear “there is no legal reason preventing the governor from imposing the lawfully delivered sentence.”
Coleman also included a letter to Beshear from Lisa Briscoe Lally, the sister of Arthur Briscoe, asking for justice, according to the release.
Following the governor’s response to Coleman, the attorney general then sent another letter repeating his legal conclusion, officials say.
“You are able – and obligated under Section 81 of the Kentucky Constitution – to proceed and uphold the law immediately,” Coleman wrote.
In public statements in response to the attorney general and State Sen. Brandon Smith, who represents Powell County, the release states the governor has “refused to deliver justice for the families of the fallen officers.” Beshear has said he believes a 2010 order from the Franklin Circuit Court prohibits the signing of a death warrant, according to the release.
“Respectfully, the governor is wrong,” wrote Coleman in his filing. “But because he has rejected the Attorney General’s legal advice, only the judicial branch can settle this dispute.”
“Governor Beshear can – and is legally required – to uphold the law and deliver justice for the families of Sheriff Bennett and Deputy Briscoe by signing a death warrant. Instead of fulfilling his duty, the Governor is hiding behind legal fictions and make-believe obstacles,” Coleman said. “We’re asking the court to clarify the Governor’s legal responsibility and end the decades-long wait these families have endured.”
The Attorney General’s Principal Deputy Attorney General Jack Heyburn and Assistant Solicitor General and director of Capital Litigation Christopher Henry submitted the motion on behalf of the Commonwealth.
To read the filing, click here.
