FRANKFORT —
The Kentucky Senate unanimously passed a bill Monday that would allow those in prison to seek DNA testing to prove their innocence.
Senate Bill 23’s sponsor, Sen. John Schickel, R-Union, said the bill “is a matter of justice.”
According to the Innocence Project, a national organization affiliated with the Benjamin Cardoza School of Law, Yeshiva University in New York, 302 prisoners serving felony prison sentences have been proven innocent by DNA testing.
Currently, Kentucky law allows only those on death row to have their convictions overturned using DNA testing technology.
Schickel’s bill makes a concession to prosecutors who want to exclude those who plead guilty or take an Alford Plea, something Schickel said he’d prefer not to do, but was willing to accept because passage of the amended bill is a significant improvement over the current law.
Some senators, including Robin Webb, D-Grayson, objected to the change, but in the end voted for the bill for the same reason – that it represents a major improvement. Webb argues an Alford Plea is maintaining one’s innocence.
(An Alford Plea allows a defendant to avoid pleading guilty while recognizing the weight of the evidence is likely enough to convict him. Usually in such cases, an Alford Plea has been negotiated in return for a lighter sentence.)
In explaining her floor vote Monday, Webb said the bill “is not perfect, but it is a great, great start.”
Another Democratic Senator, Kathy Stein of Lexington, shares Webb’s concerns, but like Webb voted for Schickel’s bill. She said it serves the interests of justice.
“If we have a person in prison who is innocent of a crime, that means the true perpetrator is still on the loose,” Stein said.
Senate President Robert Stivers, R-Manchester, also spoke in favor of the bill, noting he was an assistant commonwealth’s attorney for the first five years of his legal career.
Others, including the state’s chief Public Advocate, Ed Monahan, and Joe Blaney of the Innocence Project, contend there are times when an innocent defendant may agree to plead guilty for a variety of reasons, usually to avoid an even longer or harsher sentence.
Rep. Johnny Bell, D-Glasgow, has a similar bill in the House which does not include the exceptions of guilty or Alford pleas. He has sponsored such a bill in the past but couldn’t get it passed in the Senate.
Bell said Monday afternoon his bill will receive a hearing Wednesday before the House Judiciary Committee. He said he understands prosecutors concerns about some guilty pleas but he doesn’t understand the exception for Alford Pleas.
The final Senate vote was 38-0 in favor of the bill.
Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.
Local News
DNA bill called ‘matter of justice’
Senate votes unanimously in favor
- Local News
-
-
‘Etta May’s On Her Way’ for Model Lab benefit
Laughter will fill Eastern Kentucky University’s Keen Johnson Ballroom June 8 when southern comedienne Etta May comes to town for Model Laboratory School’s first annual fundraising event.
Half of the ticket proceeds will be donated to help five Model program: Scholarships, gifted programs, the arts, athletics and extended field trips or exchange programs, said school psychologist Ellen Rini. -
Court hearing reveals errors in trafficking case’s investigative file
A discrepancy in police records led to an unusual hearing in a drug trafficking case Thursday in Madison Circuit Court.
The attorney for 49-year-old Carla Rae Clontz made a motion earlier this month for a bill of particulars hearing. Both the prosecution and defense attorneys had noticed problems with the file numbers in Clontz’ case, and there also were different reports of the number of pills sheriff’s deputies allege were found in her home. -
Man charged in theft of cash, skates from Sonic
Richmond police charged Isaac Hamilton, 20, of South Killarney Lane, with two counts of theft by unlawful taking under $500 Tuesday after he allegedly stole from his employer.
Hamilton, a former employee of Sonic on Big Hill Avenue, left the drive-in restaurant May 15 with $273.84, a change dispenser and a pair of roller skates and did not return, the business reported to police. -
Grand jury indicts man on DUI, endangerment charges in injury accident
A February car crash in which one person suffered a broken arm led to the indictment this week of an Irvine man on four wanton endangerment charges.
Zachary C. Goosey, 20, was was traveling eastbound Feb. 18 on the Eastern Bypass when his vehicle crossed the median and struck a westbound vehicle stopped at a traffic light, according to a Richmond police news release. -
Judge: Health exchange suit can proceed
Franklin Circuit Judge Phillip Shepherd will allow a suit challenging Gov. Steve Beshear’s constitutional authority to establish a Health Benefit Exchange — a key feature of federal health care reform — to proceed.
On Thursday, Shepherd denied Beshear’s request to dismiss the suit brought by tea party activists David Adams, Dawn Cloyd and Sarah Durand. -
Board eyes cost-cutting options
In a special-called work session Tuesday, the Madison County School Board looked at ways of reducing a projected $2.84 million draw from its reserves to fund the 2013-14 budget.
-
‘Berea’s Unsung Heroes’
A group of Bereans were honored Tuesday night at the Berea Community School Board, many of which had never been in the spotlight before.
-
Berea relaxes yard sale ordinance, may restrict fireworks
The Berea City Council adopted a new yard sale ordinance Tuesday, but only after it was amended twice.
-
Items stolen, but no one injured in home invasion
Berea police are looking for a man who broke into a First Street home Monday and threatened a resident with a knife.
-
Madison County veterans to host Memorial Day ceremonies
The Madison County Veterans Association, which includes a number of local veterans’ organizations, will be hosting two Memorial Day ceremonies Monday.
The first will take place at the Richmond Cemetery near the flagpole at 10 a.m., and the second will follow at noon in Madison County Memorial Gardens on Berea Road.
Everett King of the American Legion, which is coordinating this year’s events, said U.S. Rep. Andy Barr, R-Sixth District, will be present at the morning ceremony.
Every year the Memorial Day event has a theme. Last year’s theme was honoring Vietnam veterans, King said, while this year’s theme is honoring all American soldiers. - More Local News Headlines
-
Officials: Truck Hit Bridge Before Collapse
Sheriff: No Sign Killing of 2 Kids Was Planned
Obama Defends Drone Strikes, With Limits
Raw: Jurors Deadlock on Jodi Arias Penalty
Boy Scouts Decision "First Step" Say Activists
Raw: Utah Teen Arrested in Death of His Brothers
Closer Look at Okla. School Where Children Died
Two Suspects in Murder Known to London Police
Boy Scouts Mom Supports Gay Inclusiveness
"Be Ready": NOAA Warns of Busy Hurricane Season
SeaWorld: Penguins Are Coolest Thing in Florida
Obama Renews Call to Close Gitmo
Obama Offers Drone Strike Defense
Raw: Heckler Interrupts Obama on Guantanamo
A Slice of Apple History Up for Grabs
