COVINGTON, Ky. (AP) - A public defender is arguing that
Kentucky's death penalty law is unconstitutional.
Joanne Lynch argued Thursday in Kenton Circuit Court that
Kentucky's statute is "arbitrary and capricious" because
prosecutors decide whether to seek the death penalty.
Robert Long from the Kentucky Attorney General's Office said
Lynch's argument was flawed. Long says if the argument was equally
applied to all cases, prosecutors would lose discretion in whether
to even charge individuals.
The arguments came in the case of 27-year-old Marion "Timmy"
Lawson Parker III of Covington, who will face the death penalty if
convicted of killing 28-year-old Shawn Davis.
The Kentucky Enquirer reports the argument is being made now so
Parker will be able to appeal on constitutional grounds if
convicted and sentenced to death.
Information from: The Kentucky Enquirer, http://www.nky.com
(Copyright 2010 by The Associated Press. All Rights Reserved.)