(WKYT) – The status of the death penalty in Kentucky was argued in a Franklin Circuit courtroom Monday.
A Franklin Circuit judge heard arguments between the attorney general’s legal team and those representing defense attorneys and the state Department of Corrections.
Attorney General Russell Coleman says an eastern Kentucky man charged with killing a sheriff and a deputy 34 years ago could be put to death soon. But others say there are still too many issues.
Legal debate centers on 2006 case
After nearly two hours of legal debate, Coleman was flanked by law officers and others from a 1992 murder case out of Powell County, as he spoke about why executions need to happen again. Ralph Baze was convicted and sentenced to death for that murder case.
“Justice has been tragically delayed. But we have been and will be fighting hard to assure that justice is not denied,” Coleman said.
Coleman is trying to get a 2006 case dismissed that halted executions. His legal team argued death penalties should be reinstated before a Franklin Circuit judge.
Drug availability questioned
One of the arguments raised from the other side was about the availability of the drug compound used in lethal injection. Gov. Andy Beshear has raised that question also. Coleman says that’s not stopping capital punishment in other states.
“Also within the last year, year and a half, there’s been executions just north of the river in Indiana, lawful executions. Indiana has been able to obtain these medications. Other states have. It’s a straw dog,” Coleman said.
Coleman says there are at least 12 death row inmates that could be legally executed if the 2006 case was dismissed. Many of the cases go back decades.
“These gruesome criminals deserve the lawful sentences they received from Kentucky juries,” Coleman said.
During arguments Monday, a defense attorney argued there are questions if some inmates truly understand an execution results in death, that there are many definitions of insanity and if there are enough safeguards in place if the lethal injection drugs are not working.
The Franklin Circuit judge said he would take the arguments under consideration and issue a decision as soon as possible.
Gov. Beshear’s spokesperson Scottie Ellis released the following statement following the case Monday:
“As someone who lost a close friend to murder, the Governor’s heart goes out to Ms. Lally and her family. As the Kentucky Supreme Court has stated, a 2010 Franklin Circuit Court ruling “essentially forbids the Commonwealth from performing any more executions until … a final judgment in the declaratory judgment action.” Despite multiple unsuccessful attempts by the Attorney General to undo the injunction, which continues to delay the case, it remains in place today. The Dept. of Corrections filed an amended regulation, as requested by the Court, and that regulation is currently in a 90-day review period with the Judiciary Committee. If no action is taken by the committee, the regulation will become effective on April 7, 2026. At of today, no hearing has been scheduled.”