Juvenile Death Penalty Kevin Stanford

November 5, 2002

The Honorable Paul Patton
700 Capitol Avenue
Suite 100
Frankfort, KY 40601
Fax: (502) 564-2517

Dear Governor Patton,

We are writing to urge you to commute the death sentence of Kevin Stanford, who was 17 at the time of the offense, to a sentence of life in prison. The National Center for Youth Law (NYCL) is a non-profit legal services organization that works on the behalf of low-income children nationwide. Over our 30-year history, NYCL has gained valuable expertise in juvenile justice issues.

In appealing for clemency, we are not in any way excusing the crime or minimizing the pain suffered by the family and friends of Baerbel Poore. However, we ask that in the light of the particular circumstances of this case, you show mercy by commuting Kevin's death sentence.

Kevin Stanford endured a childhood of profound neglect, and he suffered years of physical and sexual abuse. Kevin was also exposed to alcohol and drugs from a young age, and resorted to performing sexual acts in exchange for money, drugs and a place to live. These circumstances continued up until the day of Kevin's arrest.

Several issues of serious concern arose from Kevin's trial. Prejudicial testimony was allowed to stand. In addition, during the penalty phase of the trial, minimal mitigating evidence was presented. Defense counsel also neglected to retain experts to present important scientific evidence to the jury regarding the lower maturity of adolescents in their moral development, assessment of risk and consequence, and their abilities to control impulses and regulate behavior.

The execution of juvenile offenders runs counter to basic American standards of decency and fairness, which punish according to the degree of culpability and reserve the death penalty for the "worst of the worst" offenders. By their very nature, adolescents, who are at a transitional period in life, experiencing rapid changes in cognitive ability, emotion, judgment, and impulse control, are less mature and, therefore, less culpable than adults. For these reasons, we do not permit juveniles to enjoy many of the responsibilities of adulthood, such as voting and serving in the military.

Aside from the USA, Iran is the only other country that publicly supports the execution of juvenile offenders. This action is expressly prohibited by international law as stated in the International Covenant on Civil and Political Rights and the UN Convention on the Rights of the Child, among others. The American public does not support such executions, as evidenced by a recent Gallup poll finding that 69% of Americans oppose the execution of juvenile offenders. Furthermore, 43 states have chosen not to carry out such a sentence.

For these reasons, we urge you to commute Kevin Stanford's sentence. We believe that justice can be served, the public protected, and the basic precepts of American fairness and democracy preserved without the State taking his life.

Sincerely,

John F. O'Toole
Director