[WCADP-list] Execution Alert: Kentucky plans to execute developmentally disabled man

Fri Oct 29 14:26:41 PDT 2004

In this email...

1.  Execution Alert:  Kentucky

2.  Recent poll of our members concerning Execution Alerts

  _____  

1. Kentucky:  Thomas C. Bowling,  Tuesday, 16 November 2004

Governor Ernie Fletcher
Address:    700 Capital Ave.; Suite 100; Frankfort, KY 40601
Phone:  502.564.2611
Fax:  502.564.3517
Email:  http://governor.ky.gov/contact.htm

Louisville Courier-Journal
www.courier-journal.com
Phone:  502.582.4011
Fax:  502.582.4200
Email:  http://www.courier-journal.com/cjconnect/edletter.htm

Kentucky could soon be on the verge of carrying out its third execution in
the past quarter of a century and its first since 1999. The attorney general
of Kentucky has requested a Nov. 16 execution date for Thomas C. Bowling for
the alleged murder of Edward and Tina Earley in April 1990 in Lexington, KY.

Bowling's case is permeated with problems -- including his possible
innocence, his low IQ and allegations of prosecutorial misconduct. So
profound are the questions raised by this case that Bowling's execution
would be a tragic miscarriage of justice. 

Bowling's supporters maintain that the Lexington police and Fayatte County
Commonwealth's Attorney's office are withholding evidence that could help
exonerate him, apparently because this evidence would reveal police
corruption. 

Police Chief Larry Walsh was hired to reform the Lexington Police force in
the wake of massive police corruption in the early 1980s. Walsh maintains
that Edward Earley informed the police of information which directly led to
Donald Adams' arrest for drug charges. Police have failed to fully
investigate the possibility that a drug dealer committed the crimes despite
this obvious potential connection. Bowling's supporters maintain police are
withholding evidence because it would reveal the department's own
involvement with drug crime-related scandals within the department. 

There has yet to be a hearing on Bowling's mental disabilities or adaptive
deficits. Bowling has demonstrated both criteria mental health professionals
use for determining mental retardation: a low IQ coupled with deficits in
adaptive behavior. He was slow to develop in several areas as a young child.
As Bowling began school his problems became more apparent. He was
recommended for special education testing during the first grade and
attended and failed ninth grade three times. Bowling also failed ninth grade
health class three times. 

His adaptive behavior problems were numerous. As a child he was unable to
comprehend basic childhood games such as hide and seek or baseball. Bowling
would sit and aimlessly watch as other children participated in games. He
was characterized as a follower and often went to great lengths to fit in.
As a teenager, his parents had to force him to take showers and inspect him
to make sure he was ready for school. 

On the night the murders took place, Bowling was extremely drunk apparently
because he was upset over recently ending a marriage. Because of Bowling's
mental decencies and drunkenness he could have easily been framed in the
murders. 

In fact there are several reasons to believe he was framed. First, the only
evidence linking him to the crime is that paint from his vehicle was found
at the crime scene and the gun he had recently purchased could have fired
the bullets which killed the victims. There is no motive and no
eyewitnesses. 

However, before the crimes were committed, Bowling was in the company of the
Adams family - the same family which the victim had informed on for drug
related crimes. Members of the Adams family, including John Edward Adams,
had access to Bowling's car and gun as he had fallen into an alcohol-induced
sleep. Bowling says because of his intoxication he can remember very little
about the night of the crimes. He does remember his close friend John Edward
Adams coming to him and telling him he had better get his car out of town.
When Bowling heard this he obeyed as he has always done since childhood. He
did not question this request but did attempt to hide his car and then
hitchhiked back to his sister's house where he fell asleep until police came
to arrest him. 

Bowling has been unable to help with his own defense for several reasons,
including his diminished mental capacity and his inability remember the many
events of the evening the crime occurred. 

Neither the Kentucky legislator nor the Kentucky Supreme Court have
determined what procedures should apply to a death row inmate raising mental
retardation for the first time on appeal or in post conviction. Should
Bowling's execution take place, it will be the third state killing in 42
years Kentucky has carried out. 

Please write Gov. Fletcher and urge him not to set a Nov. 16 execution date
for Bowling based on the fact that it is unethical, and unconstitutional to
execute people who are mentally retarded and Bowling has not had sufficient
opportunity to make this claim. Please urge Gov. Fletcher to consider the
strong possibility that Bowling is innocent as well as evidence of
prosecutorial misconduct. With this much doubt surrounding Bowling's case,
it is unfathomable to execute this man. 

  _____  

2.  Execution Alerts

Thank you for responding to our recent poll concerning these Execution
Alerts.  The response was overwhelming positive that we should continue.

The positive responses outnumbered the negative by more than 2-to-1.  And of
those who voted "no" more than half simply said they didn't mind recieving
the emails but that they were often too busy to respond in a timely manner.

  _____  

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The Washington Coalition to Abolish the Death Penalty
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www.abolishdeathpenalty.org <http://www.abolishdeathpenalty.org/> 

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