FRANKFORT, Ky. (LEX 18) — Kentucky Attorney General Russell Coleman filed a motion Thursday asking the Franklin Circuit Court to overrule Governor Andy Beshear and make him sign a death warrant for Ralph Baze, who killed two Powell County law enforcement officers more than 30 years ago.
In the motion, Coleman argues that a 15-year-old court order blocking the death penalty doesn't apply to Baze, and that Gov. Beshear's interpretation of the law continues to deny justice to the families of Powell County Sheriff Steve Bennett and Deputy Sheriff Arthur Briscoe.
"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," Coleman said. "Instead of fulfilling his duty, the Governor is hiding behind legal fictions and make-believe obstacles."
In June, Coleman sent a letter to Beshear formally requesting that he sign a death warrant for Baze. The attorney general said there is no legal reason preventing the governor from imposing the lawfully delivered sentence. Coleman also included a letter to the governor from Lisa Briscoe Lally, the sister of Deputy Briscoe and sister-in-law to Sheriff Bennett, asking for justice after more than 30 years.
Following Beshear's response, Coleman sent another letter reiterating his legal conclusion.
"You are able – and obligated under Section 81 of the Kentucky Constitution – to proceed and uphold the law immediately," Coleman wrote.
In public statements responding to Coleman and State Senator Brandon Smith, who represents Powell County, Beshear has refused to sign the death warrant. The governor said he believes a 2010 order from the Franklin Circuit Court prohibits the signing of a death warrant.
"Respectfully, the Governor is wrong," Coleman wrote in his filing. "But because he has rejected the Attorney General's legal advice, only the judicial branch can settle this dispute."
Coleman said the court should clarify the governor's legal responsibility and end the decades-long wait these families have endured.
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.
