FRANKFORT, Ky. (LEX 18) — The case of a man convicted of killing a sheriff and deputy in Powell County continues as the attorney general’s office hopes to pressure Governor Andy Beshear into signing a death warrant.
Monday’s hearing centered around the scope of a 2010 Franklin Circuit Court injunction ruling that said the state’s death sentence system was unconstitutional. Still, Attorney General Russel Coleman is asking Governor Beshear to issue a death warrant for Ralph Baze, who was convicted of murdering two law enforcement officer more than 30 years ago.
Pressure is also mounting from other state lawmakers, like Sen. Brandon Smith, who spoke with LEX 18 back in October.
"This man shot and murdered a sheriff and a deputy and that's that,” Smith said in that interview. “Now it's time for him to pay the piper and it's like he has a governor on his side."
The governor’s office cited the 2010 court ruling as a reason why a death warrant cannot be issued, saying the ruling “forbids the Commonwealth from performing any more executions.”
The governor’s office also added that the state’s Department of Corrections does not currently have the necessary drugs to perform an execution.
Baze shot and killed Powell County Sheriff Steve Bennett and deputy Arthur Briscoe while they attempted to serve a warrant in 1992. A jury sentenced Baze to death in 1994, but he remains on death row to this day.
Monday in court, the AG’s team focused on a ruling from April 21 of this year, claiming it clarifies that the 2010 injunction only applies to that 2010 case, and it does not apply to Baze’s case.
That excerpt from that document said, “When the 2010 injunction was issued in this case, it was issued in regard to a specific factual situation pertaining to plaintiff Gregory Wilson.”
Another point of contention in this case has been the availability of the drug used in executions. Today, the Department of Corrections informed the court that they've been notified that the manufacturer will not sell the drug to the DOC for executions.
The judge hopes that he can have a ruling soon, and he added that he wants this case to move forward as quickly as possible.
