Kentucky Parole Board, In A "Barney Fife" Moment, Grants Death Row Inmate Hearing That Could Have Freed Him.
Inmate facing death sentence gets parole hearing
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- A death row inmate was allowed last month to argue for his release before the Kentucky Parole Board - a hearing that officials now agree should not have taken place.
The Kentucky Department of Corrections, as well as attorneys involved in the case, said the Parole Board erred in allowing 41-year-old John Mills to argue for his freedom.
The Oct. 28 hearing, which state officials believe was a first involving a death row inmate in Kentucky, came months after Knox County Circuit Judge Roderick Messer threw out Mills' death sentence for the August 1995 stabbing death of 79-year-old Arthur L. Phipps in Knox County.
However, Mills was still under a death sentence at the time of the hearing because prosecutors and Mills' lawyer appealed to the Kentucky Supreme Court, and Messer's order was automatically stayed.
Todd Henson, a spokesman for the Kentucky Department of Corrections, said the Parole Board erred in granting Mills the hearing at the Kentucky State Penitentiary in Eddyville.
Henson said the board looked into Mills' status after The Associated Press questioned how a death row inmate received a parole hearing.
Records of the board's hearing obtained by The Associated Press show a 2-0 vote to defer action on Mills for five years. Board members cited the seriousness of the crimes, prior felony convictions and the violent nature of the crime. The records make no mention of the death sentence or an appeal. Had the board voted in Mills' favor, he could have been released from prison.
Henson said the Parole Board has voided the decision and corrected Mills' record. He said board members weren't aware that the death sentence imposed on Mills, who is housed on death row at the prison, was still in place at the time of the hearing because no one notified them that an appeal had been filed.
The decision to grant Mills a hearing in error drew the ire of both prosecutors and the inmate's attorney.
Chris Lasch, who represents Mills, said the entire episode could have been avoided if one of the attorneys in the case had been contacted.
"But I also believe it's fundamentally unfair to put a man like John Mills through this exercise in false hope, and I hope that in the future the DOC and the Board will be more vigilant," Lasch said.
Commonwealth's Attorney Jackie Steele, who prosecuted Mills, couldn't understand why no one checked on Mills' legal status before granting him a hearing.
"I have no idea," Steele said. "I couldn't even begin to venture a guess."
Messer, who originally sentenced Mills to death on Oct. 18, 1996, cited deficiencies in the way Mills' defense attorney handled the capital sentencing and ordered a new hearing in the death of Phipps, a one-time member of the Phipps Family music group. But, Messer left intact convictions for burglary and robbery.
Steele's office and Lasch appealed to the Kentucky Supreme Court, putting a legal halt on Messer's order and leaving Mills' death sentence in place. Because the Parole Board didn't get the notice of appeal, it treated Mills' case as if there was no death sentence in place, Henson said.
Henson said without a death sentence in place, Mills would have had a right to a hearing after 12 years in prison. He's served 16 so far.
Attempts over a week to reach members of Phipps' family were unsuccessful.
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- A death row inmate was allowed last month to argue for his release before the Kentucky Parole Board - a hearing that officials now agree should not have taken place.
The Kentucky Department of Corrections, as well as attorneys involved in the case, said the Parole Board erred in allowing 41-year-old John Mills to argue for his freedom.
The Oct. 28 hearing, which state officials believe was a first involving a death row inmate in Kentucky, came months after Knox County Circuit Judge Roderick Messer threw out Mills' death sentence for the August 1995 stabbing death of 79-year-old Arthur L. Phipps in Knox County.
However, Mills was still under a death sentence at the time of the hearing because prosecutors and Mills' lawyer appealed to the Kentucky Supreme Court, and Messer's order was automatically stayed.
Todd Henson, a spokesman for the Kentucky Department of Corrections, said the Parole Board erred in granting Mills the hearing at the Kentucky State Penitentiary in Eddyville.
Henson said the board looked into Mills' status after The Associated Press questioned how a death row inmate received a parole hearing.
Records of the board's hearing obtained by The Associated Press show a 2-0 vote to defer action on Mills for five years. Board members cited the seriousness of the crimes, prior felony convictions and the violent nature of the crime. The records make no mention of the death sentence or an appeal. Had the board voted in Mills' favor, he could have been released from prison.
Henson said the Parole Board has voided the decision and corrected Mills' record. He said board members weren't aware that the death sentence imposed on Mills, who is housed on death row at the prison, was still in place at the time of the hearing because no one notified them that an appeal had been filed.
The decision to grant Mills a hearing in error drew the ire of both prosecutors and the inmate's attorney.
Chris Lasch, who represents Mills, said the entire episode could have been avoided if one of the attorneys in the case had been contacted.
"But I also believe it's fundamentally unfair to put a man like John Mills through this exercise in false hope, and I hope that in the future the DOC and the Board will be more vigilant," Lasch said.
Commonwealth's Attorney Jackie Steele, who prosecuted Mills, couldn't understand why no one checked on Mills' legal status before granting him a hearing.
"I have no idea," Steele said. "I couldn't even begin to venture a guess."
Messer, who originally sentenced Mills to death on Oct. 18, 1996, cited deficiencies in the way Mills' defense attorney handled the capital sentencing and ordered a new hearing in the death of Phipps, a one-time member of the Phipps Family music group. But, Messer left intact convictions for burglary and robbery.
Steele's office and Lasch appealed to the Kentucky Supreme Court, putting a legal halt on Messer's order and leaving Mills' death sentence in place. Because the Parole Board didn't get the notice of appeal, it treated Mills' case as if there was no death sentence in place, Henson said.
Henson said without a death sentence in place, Mills would have had a right to a hearing after 12 years in prison. He's served 16 so far.
Attempts over a week to reach members of Phipps' family were unsuccessful.
Labels: Crime, Punishment
posted by KYJurisDoctor at 1:01 PM
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