Kentucky
Lawmaker wants a limit on pardons after former governor gave over 600 on his way out
FRANKFORT, Ky. (AP) — A Republican lawmaker resumed his push Wednesday to limit a Kentucky governor’s pardon powers, a fallout from the flurry of pardons granted by the state’s last GOP governor that still spark outrage.
The proposed constitutional change won quick approval from the Senate State and Local Government Committee to advance to the full Senate. If the measure wins approval there, it will move on to the House. Both chambers have Republican supermajorities.
State Sen. Chris McDaniel said he wants to guarantee that what happened at the end of former Gov. Matt Bevin’s term never occurs again. Bevin, who lost his reelection bid, issued hundreds of pardons on his way out in late 2019 — several stirred outrage from victims or their families, prosecutors and lawmakers.
McDaniel’s proposal — Senate Bill 126 — seeks to amend the state’s constitution to remove a governor’s pardon powers in the month leading up to a gubernatorial election and the time between the election and inauguration. If the proposal clears the legislature, it would go on the November statewide ballot for voters to decide the issue.
“This, in essence, is a two-month period out of every four years when a governor could not issue pardons,” McDaniel said during his presentation to the committee on Wednesday.
During his final weeks in office, Bevin issued more than 600 pardons and commutations. The Courier Journal in Louisville earned a Pulitzer Prize for its coverage of Bevin’s actions.
One of the people pardoned by Bevin was Patrick Baker, whose family had political connections to the Republican governor, including hosting a fundraiser for him. Baker was pardoned for a 2014 drug robbery killing but later was convicted for the same slaying in federal court. He was sentenced to 42 years in prison. A federal appellate court upheld the conviction.
On Wednesday, McDaniel put the spotlight on the case of Gregory Wilson, who was convicted in 1988 for the rape and death of a woman. Wilson was sentenced to the death penalty, but Bevin commuted his sentence to life with the possibility of parole after 30 years. The state parole board recently decided that Wilson must serve out the remainder of his life sentence.
“He should have never been eligible for parole in the first place, as he was given a sentence of death,” McDaniel said. His proposal seeks to put the same limits on gubernatorial commutations.
McDaniel has pushed for the same constitutional change since 2020 but has so far been unable to get the measure through the entire legislature. In making his latest pitch Wednesday, McDaniel said his proposal would fix a “deficiency” in the state’s constitution
“I think that it is imperative to the foundational issues of justice in the commonwealth that one individual not be able to short-circuit the entirety of a justice system, McDaniel said.
Kentucky
FRANKFORT, Ky. (AP) — More Kentucky teenagers charged with gun-related felony offenses would be transferred to adult courts to face trial under legislation passed by the state Senate on Wednesday.
The measure cleared the Senate on a 25-9 vote to advance to the House. Senate Bill 20 is part of a broader push in the GOP-dominated legislature to toughen penalties for a range of crimes.
Under the bill, youths would be transferred to circuit court for trial as adults when charged with serious felony offenses and if they used a gun when allegedly committing the crime. It would apply to youths 15 years old and up and for offenses that include robbery or assault.
Republican Sen. Matthew Deneen, the bill’s lead sponsor, said it would ensure that “the time fits the crime” for gun-related offenses committed by teens.
“We owe the victims of these gun-related felonies justice, by holding these perpetrators accountable,” Deneen said. “Gun-related crimes are jeopardizing our right to life, liberty and the pursuit of happiness.”
The measure would roll back a criminal-justice policy enacted three years ago in Kentucky.
At that time, lawmakers ended the automatic transfer of youths from juvenile court to circuit court in certain cases. Judges now have to hold a hearing to determine whether a transfer is appropriate based on evidence. Once in circuit court, teens can face the same penalties as adults, including prison. Under the new bill, teens convicted in circuit court would be held in a facility for juveniles until turning 18.
Republican Sen. Whitney Westerfield, who opposed the new bill, said there’s nothing to indicate that judges are systematically refusing to send such cases involving violent offenses to circuit courts.
“There is not one whit of evidence that that’s happening, because it’s not happening,” he said.
Westerfield has been at the forefront of juvenile justice reforms in recent years.
He said the bill would remove a judge’s discretion in deciding which court should hear a case. Various factors are considered, including the youth’s prior record, the likelihood of rehabilitation, whether the child has a serious intellectual disability or there was evidence of gang participation.
The bill was amended to allow prosecutors to return such cases to juvenile court. Westerfield responded that it’s “exceedingly rare” for cases to return to juvenile court once they’re transferred to circuit court.
Opponents also said the focus should be on the root causes of juvenile crime — such as poverty and recruitment into gangs — as well as intervention and education efforts that can drive down youth crime.
Republican Sen. John Schickel responded that the measure is a justifiable response to a groundswell of public frustration over the state’s juvenile justice laws.
“The public has lost faith that justice is being served with these serious juvenile crimes,” he said.
Lawmaker wants a limit on pardons after former governor gave over 600 on his way out
FRANKFORT, Ky. (AP) — A Republican lawmaker resumed his push Wednesday to limit a Kentucky governor’s pardon powers, a fallout from the flurry of pardons granted by the state’s last GOP governor that still spark outrage.
The proposed constitutional change won quick approval from the Senate State and Local Government Committee to advance to the full Senate. If the measure wins approval there, it will move on to the House. Both chambers have Republican supermajorities.
State Sen. Chris McDaniel said he wants to guarantee that what happened at the end of former Gov. Matt Bevin’s term never occurs again. Bevin, who lost his reelection bid, issued hundreds of pardons on his way out in late 2019 — several stirred outrage from victims or their families, prosecutors and lawmakers.
McDaniel’s proposal — Senate Bill 126 — seeks to amend the state’s constitution to remove a governor’s pardon powers in the month leading up to a gubernatorial election and the time between the election and inauguration. If the proposal clears the legislature, it would go on the November statewide ballot for voters to decide the issue.
“This, in essence, is a two-month period out of every four years when a governor could not issue pardons,” McDaniel said during his presentation to the committee on Wednesday.
During his final weeks in office, Bevin issued more than 600 pardons and commutations. The Courier Journal in Louisville earned a Pulitzer Prize for its coverage of Bevin’s actions.
One of the people pardoned by Bevin was Patrick Baker, whose family had political connections to the Republican governor, including hosting a fundraiser for him. Baker was pardoned for a 2014 drug robbery killing but later was convicted for the same slaying in federal court. He was sentenced to 42 years in prison. A federal appellate court upheld the conviction.
On Wednesday, McDaniel put the spotlight on the case of Gregory Wilson, who was convicted in 1988 for the rape and death of a woman. Wilson was sentenced to the death penalty, but Bevin commuted his sentence to life with the possibility of parole after 30 years. The state parole board recently decided that Wilson must serve out the remainder of his life sentence.
“He should have never been eligible for parole in the first place, as he was given a sentence of death,” McDaniel said. His proposal seeks to put the same limits on gubernatorial commutations.
McDaniel has pushed for the same constitutional change since 2020 but has so far been unable to get the measure through the entire legislature. In making his latest pitch Wednesday, McDaniel said his proposal would fix a “deficiency” in the state’s constitution
“I think that it is imperative to the foundational issues of justice in the commonwealth that one individual not be able to short-circuit the entirety of a justice system, McDaniel said.
Kentucky
State Senate passes a bill to have more teens tried as adults for gun-related felony charges
FRANKFORT, Ky. (AP) — More Kentucky teenagers charged with gun-related felony offenses would be transferred to adult courts to face trial under legislation passed by the state Senate on Wednesday.
The measure cleared the Senate on a 25-9 vote to advance to the House. Senate Bill 20 is part of a broader push in the GOP-dominated legislature to toughen penalties for a range of crimes.
Under the bill, youths would be transferred to circuit court for trial as adults when charged with serious felony offenses and if they used a gun when allegedly committing the crime. It would apply to youths 15 years old and up and for offenses that include robbery or assault.
Republican Sen. Matthew Deneen, the bill’s lead sponsor, said it would ensure that “the time fits the crime” for gun-related offenses committed by teens.
“We owe the victims of these gun-related felonies justice, by holding these perpetrators accountable,” Deneen said. “Gun-related crimes are jeopardizing our right to life, liberty and the pursuit of happiness.”
The measure would roll back a criminal-justice policy enacted three years ago in Kentucky.
At that time, lawmakers ended the automatic transfer of youths from juvenile court to circuit court in certain cases. Judges now have to hold a hearing to determine whether a transfer is appropriate based on evidence. Once in circuit court, teens can face the same penalties as adults, including prison. Under the new bill, teens convicted in circuit court would be held in a facility for juveniles until turning 18.
Republican Sen. Whitney Westerfield, who opposed the new bill, said there’s nothing to indicate that judges are systematically refusing to send such cases involving violent offenses to circuit courts.
“There is not one whit of evidence that that’s happening, because it’s not happening,” he said.
Westerfield has been at the forefront of juvenile justice reforms in recent years.
He said the bill would remove a judge’s discretion in deciding which court should hear a case. Various factors are considered, including the youth’s prior record, the likelihood of rehabilitation, whether the child has a serious intellectual disability or there was evidence of gang participation.
The bill was amended to allow prosecutors to return such cases to juvenile court. Westerfield responded that it’s “exceedingly rare” for cases to return to juvenile court once they’re transferred to circuit court.
Opponents also said the focus should be on the root causes of juvenile crime — such as poverty and recruitment into gangs — as well as intervention and education efforts that can drive down youth crime.
Republican Sen. John Schickel responded that the measure is a justifiable response to a groundswell of public frustration over the state’s juvenile justice laws.
“The public has lost faith that justice is being served with these serious juvenile crimes,” he said.
