GOVERNOR BESHEAR MUST CHOOSE:
STAND FOR JUSTICE OR STAND IN THE WAY
By Sen. Brandon Smith
How long must families wait for justice? It’s been over 30 years since Powell County Sheriff Steve Bennett and Deputy Arthur Briscoe were murdered in the line of duty. Every appeal is over. A jury sentenced Ralph Baze to death in 1994, yet that sentence remains unfulfilled.
I called on Gov. Andy Beshear to do his duty and sign the death warrant. Instead, he pointed to a regulation. Kentuckians, especially the Bennett and Briscoe families, deserve better than excuses. They deserve action.
The facts are simple: Kentucky is ready. Attorney General Russell Coleman agrees. The Department of Corrections has updated its protocols. The Trump administration has taken steps to ensure the necessary drugs are available. No barriers remain, except the one the Governor has chosen to invoke as an excuse for refusing to carry out the justice the jury and families were promised.
The Governor’s excuse for ignoring these families’ cries for justice is unconvincing.
The regulation he cited outlines procedures for evaluating whether a death row inmate may have an intellectual disability before an execution proceeds. Even if an independent evaluation may be required before an execution, it’s essential to consider that Baze never argued that he had an intellectual disability during his trial or since. It’s also worth noting that Baze was deemed competent to stand trial. A jury of his peers reviewed the evidence and sentenced him to death.
None of this prevents the Governor from taking the action only he can take: signing the death warrant. The regulation requires a medical exam 14 days before execution, not before the Governor’s order. The process he cites begins after he acts.
Red tape aside, nothing stops the Governor from saying whether he supports this death warrant. These families want to know where he stands. I stand with the attorney general in support of the Bennett and Briscoe families and only wish the Governor would do the same. His claim that a regulation blocks him rings hollow.
Furthermore, anyone familiar with state government is aware of the lengthy process involved in creating regulations. A public hearing was held on September 23, with comments due by September 30. The agency then has 15 days to respond, with an additional 30 days if the comments are extensive. Only then can it be sent to the review subcommittee—possibly not until December.
The Governor knows how slow this process is. By pointing to a regulation still in flux, he’s telling these families to keep waiting for justice promised decades ago. That’s not leadership. It’s avoidance, and it’s deeply unfair.
Why the delay? The Governor has said he supports the death penalty in the most heinous cases, and this is one. One officer was executed while crawling away. Hiding behind process instead of honoring the jury raises a question: are politics and national opinion outweighing justice and public opinion in Kentucky? We shouldn’t have to wonder.
Even with all the trauma these families have endured, this is bigger than one case. It’s about whether Kentucky will stand with victims and law enforcement, or allow politics to silence a jury. Justice delayed is justice denied, and each day adds to their pain.
The families of Sheriff Bennett and Deputy Briscoe have waited long enough. The Governor alone can act. No more excuses. It's time to carry out the jury’s decision and show Kentucky stands with victims.
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Sen. Brandon Smith represents Kentucky’s 30th Senate District, including Powell County. He recently penned a letter to Governor Andy Beshear, encouraging the governor to sign the death warrant for Ralph Baze in light of determinations from Kentucky Attorney General Russell Coleman.
PHOTO CUTLINE: State Senator Brandon Smith presides over a legislative committee meeting during the 2025 Legislative Session. Photo Credit: David Hargis, Photographer, Public Information Office, Legislative Research Commission.