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| Kentucky Supreme Court blocks execution |
| By WKYT |
| Published: 11/29/2004 |
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A Kentucky death row inmate scored at least temporary victories on two fronts last Tuesday, as the Kentucky Supreme Court and a lower circuit court both blocked his execution scheduled for next week. Attorneys for Thomas Clyde Bowling had asked the state's high court to stay his execution so it can be determined whether he is mentally retarded. His attorneys contend Bowling is mentally retarded and should not face the death penalty. "We're asking just to have enough time so that Thomas Bowling's claim that he is mentally retarded can be explored and looked at and a final determination made by the courts," said Susan Balliet, Bowling's attorney. The court granted that request in a one-sentence order, saying, "The motion for a stay of execution in the above matter is hereby granted pending resolution." Bowling was convicted of murdering Edward and Tina Earley and shooting their 2-year-old son outside the couple's Lexington dry-cleaning business in 1990. Earlier this month, Gov. Ernie Fletcher set Bowling's execution date for Nov. 30. A prosecutor from the state attorney general's office, Ian Sonego, contended last Tuesday that Bowling is not retarded and the execution should go on as planned. Balliet said the Supreme Court's decision does not mean Bowling is mentally retarded. Instead, Balliet said, the court bought itself time to consider whether the issue of mental retardation can be raised after someone is convicted and issue an opinion and ruling. After that opinion is issued, Bowling will either be examined or another execution date will be set as more appeals are filed, Balliet said. |
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