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New stays of execution issued for inmates
By Associated Press
Published: 07/18/2005

A judge has issued new stays of execution for two condemned prisoners who are challenging the state's use of lethal injection as a form of capital punishment.
Franklin County (Ky.) Circuit Judge Roger Crittenden last week issued 60-day stays for Thomas Clyde Bowling and Ralph Baze. Last week, Crittenden upheld the use of lethal injection in Kentucky, but lawyers for the two death row inmates plan to appeal.
Crittenden issued the stays after a brief hearing in Frankfort.
Assistant Attorney General David Smith argued that the stays would amount to a "pre-emptive restraint" on the governor's authority to issue death warrants. Smith noted that no death warrant is in effect for Bowling or Baze.
The 60-day stays will take effect once the court clerk's office compiles the case's record for appeal.
A separate stay is in effect for Bowling until early September.
Bowling was sentenced to die for killing Edward and Tina Earley and shooting their two-year-old son outside the couple's Lexington dry-cleaning business in 1990.
Baze was convicted of killing Powell County Sheriff Steve Bennett and deputy Arthur Briscoe during an attempted arrest in 1992.


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