AG Coleman asks court to overrule Gov. Beshear on death penalty

HENDERSON, Ky. (WEHT) – Attorney General Russell Coleman announced he asked the Franklin Circuit Court to overrule Governor Andy Beshear and clarify that there is no impediment to the Governor’s signing of a death warrant for Ralph Baze, who killed two Powell County law enforcement officers more than 30 years ago.

In his motion, AG Coleman argues that the 15-year-old court order blocking the death penalty doesn’t apply to Baze, and that the governor’s misreading of the law continues denying justice to the families of Powell County Sheriff Steve Bennett and Deputy Sheriff Arthur Briscoe.

According to AG Coleman, he sent a letter in June to Gov. Beshear formally requesting Gov. Beshear sign a death warrant for Baze. In his letter, AG Coleman says he made clear there is no legal reason preventing Gov. Beshear from imposing the lawfully delivered sentence. AG Coleman also included a letter to Gov. Beshear from Miss Lisa Briscoe Lally, the sister of Deputy Briscoe and sister-in-law to Sheriff Bennett, asking for justice after more than 30 years.

Officials say following Gov. Beshear’s response to AG Coleman, AG Coleman sent another letter to the governor, reiterating a legal conclusion. “You are able – and obligated under Section 81 of the Kentucky Constitution – to proceed and uphold the law immediately,” wrote AG Coleman.

According to AG Coleman, Gov. Beshear has said he believes a 2010 order from the Franklin Circuit Court prohibits the signing of a death warrant.

“Respectfully, the Governor is wrong,” wrote AG 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. We’re asking the court to clarify the Governor’s legal responsibility and end the decades-long wait these families have endured.”

The document can be viewed below.

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