Ralph Baze, who was found guilty of murdering a sheriff and deputy and sentenced to death in 1994, is the subject of an ongoing dispute between Attorney General Russell Coleman, State Sen. Brandon Smith, and Gov. Beshear.
That part of the order prevents me from signing it at this time.Gov. Andy Beshear, on 2010 court order putting executions on hold
A moratorium on executions in the commonwealth has been in place since a 2010 court decision, but Coleman and Smith are working to restart the punishment in the state. They argue the governor has the ability to commit to signing a death warrant in the Baze case.
Pressed again on the question Thursday, Beshear stuck to his statement that a court-mandated regulatory change needs to take place first.
"We have to have another regulation go through the process. We very promptly wrote that and it's going through the process right now," he said. "I believe, being a member of the bar (association), that I've got to follow those orders, and that that part of the order prevents me from signing it at this time."
Coleman has said the regulation in question doesn't stop the governor from signing or pledging to sign the warrant.
"There is a reg that's working it's way through and it applies to those who have intellectual disability claims," Coleman said. "Mr. Baze doesn't have an intellectual disability claim. There is no new reg, no new statute, there's nothing needed from the General Assembly or the courts for our governor to enforce the law of this commonwealth and bring justice to the family of two slain law enforcement officers."
Beshear has also said other states are having difficulty obtaining the necessary drugs for a lethal injection, but Coleman argues access to those drugs is improving.
While the governor isn't yet committing to sign the warrant, he has stated in the past that the death penalty should remain on the books.