FRANKFORT, Ky. – On back-to-back days late last week, separate courts overturned convictions in two cases of men on Kentucky's death row.

Those reversals have amplified calls from critics of the state's death penalty system to at least place a moratorium on executions.

Retired law professor Linda Ewald was co-chair of an eight-person team of lawyers and retired judges that found a multitude of problems with Kentucky's death penalty system. The group’s American Bar Association report was issued in December 2011.

"I'm disappointed that the governor didn't suspend executions, although we haven't had an execution in many years," Ewald says.

In reversing the death penalty conviction of Michael St. Clair on Thursday, the Kentucky Supreme Court ruled evidence was "improperly admitted" during his trial. On Friday, a federal appellate court ruled in Roger Wheeler's case that a potential juror was "erroneously struck from the jury."

Ewald says the ABA report she coauthored uncovered 95 specific concerns about Kentucky's death penalty system.

"Well, I think it's a bit disconcerting that Kentucky has the death penalty and that we've assessed this in such a way to demonstrate that there are very serious problems in its administration," she states.

Ewald says she's encouraged by legislation (SB190) filed earlier this month by state Sen. Robin Webb, D-Grayson, which attempts to address lineups, interrogations, eyewitness testimony and biological evidence.

"I think it's a little misleading to say nothing has been done,” she says. “I think people are working on this. These are changes that are going to require legislation. They're going to require changes in court rules. They may require public hearings."

Ewald adds while Kentucky was at the forefront in passing a post-conviction DNA testing law, problems remain with how biological evidence is handled after a trial.

"Unfortunately, Kentucky doesn't have any uniform protocols for preserving and retaining evidence after a conviction,” she says. “And so, there's the risk that it's not being maintained properly. There's the risk that it's lost and won't be available. "

The ABA report called the system "broken and fatally flawed," but Ewald says it was not, in her words, "an abolition document."

She says the report did not address whether Kentucky should have a death penalty.




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Mississippi prisons often lack resources to treat people who are incarcerated with substance-use disorders adequately but a nonprofit organization is offering alternative programs focused on treatment instead of incarceration.

The Magnolia State has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Christina Dent, founder and president of End It For Good, said they invite people to support approaches to drugs prioritizing life, preserving families and promoting public safety.

"We do education out in the community - with citizens, with advocates, with policymakers - to help them understand why a punitive criminal justice approach to drugs and addiction has not produced good results and why a health-centered approach would produce much better results," Dent explained.

It is estimated more than 578,000 people in state and federal prisons in 2022 had a substance-use disorder in the year prior to their admission, according to the Prison Policy Initiative.

Dent emphasized they recommend lawmakers look at other alternatives to stop reactionary approaches resulting in Mississippians paying harsher penalties for crimes such as drug possession.

"Shift away from increasing penalties," Dent urged. "Another thing that we could do would be to reduce penalties or recategorize penalties for something like drug possession. We would love to see a shift from treating drug possession as potentially a felony to drug possession being a misdemeanor. "

Dent noted such an alternative approach would allow individuals impacted to more easily regain employment, support their families and reintegrate into society. She added felony convictions create lifelong barriers to employment and self-sufficiency.


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April is Second Chance Month and many Nebraskans are celebrating passage of a bipartisan voting rights restoration bill and its focus on second chances.

Legislative Bill 20 restores voting rights to those convicted of a felony upon completion of their sentence, eliminating the two-year waiting period.

Jason Witmer, policy fellow at the ACLU of Nebraska, said the change will promote success for formerly incarcerated Nebraskans. He pointed out it also will increase the likelihood of the state meeting the objectives Gov. Jim Pillen and the Department of Corrections have committed to.

Nebraska became the fourth state to join "Reentry 2030," a national initiative of the Council of State Governments focused on strengthening programs and removing obstacles for those reentering society after incarceration.

"The more somebody can have their rights in place for them, the more invested they are in the society," Witmer contended. "The more invested you are in your community and your society, the more likely you are to succeed. And the right to vote is fundamentally part of reintegrating into society. It's your civil voice."

Reentry 2030 aims to have all 50 states commit to improving outcomes for formerly incarcerated people. Nebraska's goals include increasing GED completion and college coursework by those in Nebraska prisons, and reducing recidivism 50% by 2030.

Pillen allowed the measure to become law but stated it contains "potential constitutional issues" which could lead to a legal challenge.

Nebraska's recidivism rate for those who left prison between 2019 and 2022 was nearly 30%.

Witmer noted it is at least partly attributable to the challenges people face upon leaving incarceration.

"You did the time, and then you come out and find out, 'Oh, I can't vote. Oh, housing is almost impossible to get. Oh, I can't work here,'" Witmer outlined. "Suddenly you don't feel like you're a part of any of this."

Across the country, 37 other states restore voting rights to those charged with a felony either immediately after incarceration or after completing parole or probation. Two states and the District of Columbia allow people to vote while incarcerated.

A new website aims to help Kentuckians just out of prison re-enter their communities and find job training, employment and recovery services.

April is Second Chance Month - and according to the Prison Policy Initiative, about 60% of formerly incarcerated individuals are jobless.

Gov. Andy Beshear said the website - secondchance.ky.gov - is meant to cut bureaucracy around job searching, and tie resources together in one spot to make it easier for people to get back on their feet.

"We are not our worst day," said Beshear. "When we look at how many people have a criminal record in Kentucky, this is the right thing to do. But it's also necessary from a workforce standpoint."

In 2021, lawmakers passed legislation that tasked the Kentucky Department of Corrections with issuing certificates of employability to people who successfully complete programs while incarcerated.

It also helps increase access to state-issued IDs for those leaving prison.

The website includes information on resume help, job searches and local reentry services.

Beshear said eventually, the site will contain a comprehensive list of employers - such as Kentucky State Parks, which is a participant in second chance employment.

"If they need to find resources on how to get that next level of education or workforce training," said Beshear, "and then ultimately be able to see a list of employers that are willing to look at them for second chance employment."

Businesses in the Commonwealth can also find information about programs that can aid in hiring and retaining more second-chance employees - including the Fair Chance Academy, Kentucky Transformational Employment program, Prison-to-Work Pipeline, and Jobs on Day One programs.