Kansas Death Penalty Updates - Feb. 2023
In our current platform we have under Article V - Judicial Reform the following: “As men and women are fallible and imperfect, and can and do make mistakes, the death penalty should be abolished. A sentence of life in prison with no possibility of parole is a reasonable alternative to execution and should be adopted in its place.” Although there is a proposed change to this platform plank to be discussed at this year’s convention, we wanted to provide some timely updates on the death penalty policy here in Kansas.
First, there is a Sedgwick County case where the death penalty is being “put on trial” for racial disparity, arbitrariness and lack of penological purpose in a pre-trial hearing. The ACLU, together with the ACLU of Kansas and law firm Hogan Lovells US LLP, is challenging the Kansas death penalty statute under the Kansas Constitution and United States Constitution in the case of Kansas v. Kyle Young. Mr. Young is a Black man facing a capital trial. Prosecutors are seeking a death sentence. The defense team is asking, “If the death penalty is racist, arbitrary and serves no valid penological purpose, does it violate the Kansas constitution?” The Sedgwick County District Court grappled with this question at an unprecedented evidentiary hearing last week.
Our partners at the Kansas Coalition Against The Death Penalty had members present at the trial. Al Terwelp had this to say, “I had the opportunity to discuss the Kyle Young pre-trial with about 6 people that attended the Wichita event. There seems to be a consensus. The prosecution lawyer, District Attorney Mark Bennett, was not prepared for this trial, had no significant cross examinations of expert testimony, nor did he challenge the witnesses. Those in attendance believed that he saw the pre-trial to be premature and possibly immature. His lack of challenge showed he believed he had this one in the bag.
Many found Judge Goering's actions to be a surprise. He allowed the entire process to happen (which allowed for good information to be shared with the public). He allowed lengthy and detailed testimony to be heard from many experts. The Judge seemed to obviously know that this will ultimately be decided in higher courts. No ruling should be expected anytime soon. The pre-trial expert testimony was overwhelmingly in favor of abolition and well done. It is clear, especially now, that there is an amazing amount of penological and personal data from so many angles to show that the death penalty IS unconstitutional and needs to be abolished. This pre-trial has been very useful. There is now tons of new expert and historical data at our disposal.”
You can read more about the case at the links below:
- https://www.aclu.org/cases/kansas-v-kyle-young?redirect=cases/kansas-v-cornell-mcneal
- https://www.ksn.com/news/local/kansas-death-penalty-to-be-argued-in-wichita-courtroom/
Second, On Wednesday February 8, HB 2349 and SB 211 were introduced. The legislation would abolish the Kansas death penalty for future crimes. HB 2349 is sponsored by Rep. Schreiber and 34 co-sponsors. SB 211 is sponsored by Senator McGinn and 14 co-sponsors. While we are not expecting a hearing during this legislative session, 48 out of 165 state legislators have signed on as abolition co-sponsors. This is impressive. We lost many supporters due to retirement and the election defeats but managed to gain many newly elected legislators and were surprised to win over previously opposing legislators.
Lastly, the Carr brother's last federal appeal was denied recently. They are out of appeals now. The lengthy process is nearing the end. There has not been an execution in Kansas since 1965. Barring a bill passing the legislature or the governor ordering a pardon, an execution could become a reality.
This is why it is so important to make the winning case now that the death penalty is unconstitutional. We must work to prove the point that the death penalty is not a deterrent. The death penalty is not a deterrent in 100% of murders in Kansas and it has no legal or legitimate purpose.
Please urge your state representatives, including Governor Kelly, to not only support both bills but to stop the impending executions. We cannot let this happen in our backyard.