Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 24

Thread: Robert Karl Lee Foley - Kentucky Death Row

  1. #11
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217

    2 condemned inmates in Ky. seek mental exam funds

    Two Kentucky death row inmates asked a federal appeals court to grant them funding for neuropsychological testing they hope will hold off their executions.

    Condemned inmates Robert Foley and David Eugene Matthews have each filed cases with the U.S. 6th Circuit Court of Appeals in Cincinnati. Both men want the higher court to overturn decisions by federal judges in Kentucky denying the men funds for the mental health tests.

    In both cases, the inmates are seeking the tests to use as part of a clemency bid should an execution date be set.

    Matthews, 65, will get to make the first request. The appeals court has set a Dec. 2 deadline for his attorneys to file a brief. Prosecutors will have until Feb. 3 to respond. Matthews' case will be decided sometime in the spring or summer of 2014.

    The court has not yet set filing deadlines for Foley, 57.

    Matthews, the second-longest serving inmate on Kentucky's death row, was condemned for killing his estranged wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, in Louisville on June 29, 1981.

    Foley is awaiting execution for the 1991 slayings of Rodney and Lynn Vaughn after a dispute in Laurel County. Foley, a former FBI informant, is also on death row for four other slayings.

    Both inmates were turned down earlier this year in their quests for funds for mental test to bolster clemency bids.

    Foley sought funds for a neuropsychologist, saying he has an extensive history of head trauma, but he lacks a formal diagnosis of a neuropsychological disorder or condition. Specifically, Foley's attorneys cite a 1991 car wreck in which Foley's car flipped over and threw him from the front seat to the back seat, and an incident later that year in which Foley's legs went numb while he tried to push a car.

    Foley contends such an expert could determine if that trauma has affected his behavior — a finding that could affect whether the governor grants him clemency, Reeves wrote.

    U.S. District Judge Danny C. Reeves concluded that Foley's legal and mental history showed no signs of any adverse impact from head injuries or mental shortcomings.

    Matthews made a similar argument to U.S. District Judge John G. Heyburn II, who rejected the request, writing that Matthews had an opportunity over the last 30 years to litigate his claims.

    Both appeals are being pursued as Kentucky seeks to restart executions for the first time since 2008. Kentucky switched from using three drugs to carry out a lethal injection to a method that uses 3 grams of sodium thiopental or 5 grams of pentobarbital — similar to the method used by Ohio. If those drugs are not available within seven days of an execution date, the state may use a two-drug method involving continued injections of 60 milligrams of a combination of Midazolam and hydromorphone.

    Franklin Circuit Judge Phillip Shepherd has been reviewing the method since a hearing in March, but has yet to rule.

    Kentucky has executed three inmates since the reinstatement of the death penalty in 1976, with the last execution being carried out in 2008. At least two and as many as seven inmates are at or near the end of their appeals.

    http://www.sfgate.com/news/article/2...ds-4939906.php
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  2. #12
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Kentucky Death-Row Inmates Seek Sweat Lodge

    Three inmates on Kentucky's death row want a sweat lodge, pow wow and traditional foods to conduct Native American religious ceremonies behind bars — requests the prison system has at least in part declined to fulfill.

    Now, the U.S. 6th Circuit Court of Appeals is weighing whether to reinstate a suit brought by those inmates and two others challenging restrictions on pastoral visits to condemned inmates. A three-judge panel in Cincinnati heard oral arguments Friday concerning the correct balance of religious freedom for the condemned versus the safety and security needs of the prison.

    U.S. District Judge Thomas B. Russell ruled in March 2013 that prison officials were justified in temporarily suspending pastoral visits at the maximum security Kentucky State Penitentiary in Eddyville for security reasons and to bring the prison in line with state prison regulations. Russell also turned away a request from three inmates — six-time convicted killer Robert Foley, two-time convicted killer Roger Epperson and Vincent Stopher, condemned for killing a Jefferson County Sheriff's deputy — who told prison officials that their religious preference is Native American and sought to have the prison erect a sweat lodge.

    While the court is weighing those issues, the oral arguments focused exclusively on the challenge brought by the three inmates seeking to practice Native American rituals.

    Attorney Jacob Roth, arguing on behalf of the inmates, said prison officials didn't have good reasons for turning down the construction of a sweat lodge or allowing Foley, Stopher and Epperson to spend their own money to purchase traditional foods, such as buffalo meat. Roth noted that the inmates even proposed an indoor sweat lodge to alleviate security concerns by prison staff.

    "The warden's concern is someone might ask for this at other prisons if you ask for it here," Roth said. "Courts are not supposed to be determining what parts of a religious practice are important from a theological perspective."

    Stafford Easterling, an attorney for the Kentucky Department of Corrections, said security concerns, particularly with death row inmates, are paramount at the facility. Easterling said no other state allows sweat lodges for death row inmates. Fire, heated stones and infrared machines are needed to create the heat for a sweat lodge with no way to monitor what happens inside, Easterling said.

    "I think there's no question a sweat lodge creates significant concerns where security officers aren't allowed to enter," Easterling said. "Sweat lodges have been deemed ... essentially dangerous objects."

    Easterling noted that Kentucky is in the midst of reviewing new regulations for sweat lodges and other specialized religious requests, but the policy hasn't been finalized yet.

    "We're going through a fairly extensive safety and security review," Easterling said.

    http://abcnews.go.com/US/wireStory/k...lodge-23660408
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  3. #13
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Randy Haight, et al v. LaDonna Thompson, et al

    Death row inmates win 2nd chance in lawsuit

    A trio of Kentucky death row inmates (Robert Foley, Roger Epperson and Vincent Stopher) will get another chance to show they have a right to a sweat lodge, pow wow and traditional foods to conduct Native American religious ceremonies behind bars at the prison.

    The U.S. 6th Circuit Court of Appeals in Cincinnati on Friday ordered part of a lawsuit brought by those inmates be reinstated after concluding that state officials failed to show compelling reasons for denying their requests.

    The appeals court also turned away a related bid by two condemned inmates (Randy Haight and Gregory Wilson) to get monetary damages from prison officials for changing the rules on pastoral visits to those on death row.

    U.S. District Judge Thomas B. Russell ruled in 2013 that the prison's rejection of the requests were necessary for the security of inmates and others.

    http://www.wtvq.com/content/statenew...xwUoPYSkg.cspx
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #14
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    Death row inmate loses suit over hip surgery

    By BRETT BARROUQUERE
    The Associated Press

    LOUISVILLE, Ky. — A federal judge has turned away a request from Kentucky death row inmate to force the state to find somewhere to perform a $56,000 hip replacement surgery after concluding officials put forth an effort to accommodate the inmate's medical needs.

    U.S. Magistrate Judge Edward B. Atkins on Friday rejected 57-year-old Robert Foley's claims that state sabotaged the attempts to find a hospital and surgeon and the inability to find a hospital amounted to unconstitutional cruel and unusual punishment.

    "At worst, the (state's) efforts to secure a venue willing to perform surgery on Foley amount to an inadvertent failure to provide medical care, which is insufficient to establish a violation of the Eighth Amendment," Atkins wrote.

    Foley sued the state in 2012 after more than four years of pressing the Justice and Public Safety Cabinet and the Department of Corrections for the operation.

    Foley was convicted of killing six people in eastern Kentucky in 1989 and 1991. That's more victims than any other prisoner on the state's death row. Court documents obtained through a public records request and Foley's lawsuit show his status as an extremely dangerous prisoner was a key factor in the state's difficulty finding a surgeon and hospital.

    Foley's attorney, Meggan Smith, was disappointed with the decision. Smith said the evidence appeared to be good enough to prove the state isn't providing Foley with the medical treatment he needs because a now-retired warden declared him dangerous. Smith was unsure if the decision would be appealed.

    "We thought we proved that, if he were any other inmate, he would have already had the surgery," Smith said. "Since this litigation started, other death row inmates have had surgeries and a KSP inmate has received a hip replacement."

    Foley is awaiting execution for shooting and killing brothers Rodney and Lynn Vaughn in his home in Laurel County in 1991. He was also condemned to death for the murders of Kimberly Bowersock, Lillian Contino, Jerry McMillen, and Calvin Reynolds. He shot the four on Oct. 8, 1989, because he thought one of them had reported him to his parole officer.

    Emails and memos obtained by The Associated Press show corrections officials struggling for a year to reconcile their duty to provide medical care with the political ramifications of spending tens of thousands of dollars for surgery on a man they plan to execute. The hospitals' security concerns became a key problem and six facilities refused to host Foley for the surgery.

    Also, state officials worried about inviting scorn from Fox News pundits if they spent money on a hip replacement for a man who might soon be executed.

    Then-Kentucky State Penitentiary warden Phil Parker wrote in an email on Nov. 22, 2010: "I can see this making Fox News on a slow news day, maybe even on a busy news day. In fact, I bet (Fox News host Bill O'Reilly) would love to put this in his 'Pinheads' commentary. Just a thought to consider before it goes too much further."

    Prison officials also made contingency plans to call off the surgery if Gov. Steve Beshear set an execution date. Kentucky has been under a judge's order since 2010 halting all executions. Franklin Circuit Judge Phillip Shepherd last week ruled that recent issues with executions in Oklahoma and Ohio call into question the constitutionality of Kentucky's method — a decision that further delays lethal injections being carried out in the state.

    State officials deny that politics played a role, and there's no evidence in the documents that political considerations prevented the surgery.

    "Bob is in pain," Smith said. "Since he cannot be executed, Bob will remain in pain and continue to fall and incur additional injuries for quite some time, increasing the chances that he will require emergency surgery to repair or replace his hip."

    http://www.kentucky.com/2014/09/08/3...#storylink=cpy

  5. #15
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Kentucky death row inmate appeals to Supreme Court

    The most prolific killer in Kentucky's death row is asking the U.S. Supreme Court to allow him to reopen his case and overturn his convictions and death sentence.

    Prosecutors have until Nov. 10 to respond to a petition from 58-year-old Robert Carl Foley, who is awaiting execution for killing six people in eastern Kentucky in 1989 and 1991. That's more slayings than any of the state's 34 death row inmates.

    Foley lost a bid in April at the U.S. 6th Circuit Court of Appeals in Cincinnati. The judges concluded that Foley failed to show he was denied a constitutional right when a federal judge turned away his efforts to continue fighting his conviction.

    He had been seeking to challenge his trial attorney's handling of ballistics evidence and potential expert testimony.

    http://www.wlky.com/news/Kentucky-de...#ixzz3GnAhPyZS
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #16
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    In today's orders, the United States Supreme Court declined to review Foley's petition for certiorari.

    Appeals exhausted decision could result in an execution date.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Nos.: (13-5459)
    Decision Date: April 25, 2014
    Rehearing Denied: July 8, 2014
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #17
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Judge again denies Kentucky Death Row inmate's request for hip replacement

    A Kentucky Death Row inmate has been rebuffed in his latest effort to have the state pay for an operation to replace his arthritic hip.

    Attorneys for Robert C. Foley, 58, asked a federal judge to alter an earlier decision against Foley's request. In an order filed this week, however, U.S. Magistrate Judge Edward B. Atkins declined to change the decision.

    Foley, one of 33 people under a death sentence in Kentucky, has been diagnosed with severe degenerative arthritis in his right hip, according to court records.

    The condition is painful and creates a risk of Foley falling. He has fallen several times and was knocked unconscious once, his attorneys said in a court motion.

    The state must provide medical treatment for inmates, but there has been disagreement on whether it's necessary for Foley to get a new hip.

    The operation could cost more than $50,000. A former warden at the Kentucky State Penitentiary raised the issue of potential ridicule for the state if it paid to replace the hip of a condemned man, court records show.

    The state Department of Corrections began looking in 2010 for doctors willing to do the surgery. However, half a dozen hospitals declined the request, citing security concerns in several cases, court records show.

    Attorneys for Foley sued in 2012, seeking an order for the state to get the operation for Foley.

    Defense attorneys argued that the state had been deliberately indifferent to Foley's condition, violating his right to be free from cruel punishment.

    Atkins ruled that the state had made a number of efforts to deal with Foley's condition, including by providing medication, a steroid shot, a walker and a wheelchair, and had not violated Foley's rights.

    In a subsequent motion, Foley's attorneys argued there was new evidence that justified altering that decision.

    For instance, defense attorneys said that corrections officials had denied Foley the use of a wheelchair several times and had taken Foley to court or medical appointments without the excessive security measures that played a role in hospitals refusing to host surgery for him.

    Foley's attorneys also argued Atkins ignored evidence that a nurse who searched for a hospital for the surgery wasn't qualified to do so, and that prison officials contacted only a few hospitals.

    Atkins ruled that he had considered all those issues in making his earlier decision, so the information in Foley's motion did not qualify as new evidence or show legal error.

    As part of his new motion, Foley said a doctor at a Paducah hospital said that Foley needed a hip replacement and was willing to do the surgery.

    However, Atkins said Foley did not provide medical records to verify that claim.

    Foley could appeal Atkins' decision to the U.S. 6th Circuit Court of Appeals, but he has made no decision on whether to do that, said one of his attorneys, R. Christian Garrison.

    Foley's hip condition has not improved, Garrison said.

    Foley was convicted of shooting brothers Rodney and Lynn Vaughn to death in Laurel County in 1991 after a fight at Foley's home.

    He also was convicted of shooting and killing four people in Laurel County in 1989 and covering their bodies in an unused septic tank. Authorities said Foley thought one of the four had reported him for a parole violation on an earlier murder conviction.

    Foley has exhausted many of his appeal options, but he still has appeals pending in state and federal court.

    There is a moratorium on executions in Kentucky because of a court challenge involving its lethal injection execution method.

    http://www.kentucky.com/2015/04/15/3...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #18
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    ROBERT CARL FOLEY AND RALF BAZE v STEVE BESHEAR, GOVERNOR OF KENTUCKY, ET AL

    2 Kentucky death row inmates lose appeal challenging clemency system

    Two death row inmates who challenged Kentucky's clemency system lost their appeal Thursday to the state's highest court, which upheld the process by which life-and-death decisions are concentrated in the hands of the governor.

    Robert Foley and Ralph Baze are both condemned to die, convicted of multiple killings. They had claimed that the governor's absolute discretion in granting clemency without a requirement for hearings could result in arbitrary decisions that violate their constitutional rights of due process.

    The Kentucky Supreme Court, in a unanimous ruling, rejected that argument.

    In Kentucky, no recommendations or hearings are needed for the governor to decide whether someone should not be put to death. Many states require the decision maker to hold hearings and consider certain evidence before deciding on clemency.

    "Other states have different approaches, but that fact does not mean that Kentucky's governor-centered approach to clemency violates the Fourteenth Amendment's due process clause," wrote Justice Lisabeth Hughes Abramson on behalf of the unanimous court.

    She wrote that there is a presumption the governor "will abide by the mandates" of the state and federal constitutions in any clemency decision.

    Foley was convicted of six killings in 1989 and 1991. Baze was convicted in the unrelated 1992 slayings of a sheriff and deputy.

    Foley and Blaze had initially challenged the clemency system in a circuit court in Franklin County, where their lawsuit was dismissed, triggering the appeal to the Kentucky Supreme Court.

    The inmates' attorneys noted differences between Kentucky's clemency system and those of many other states in their arguments.

    But Abramson concluded it's "by no means clear" that more formal clemency proceedings in other states have enhanced a condemned prisoner's chances of being granted clemency.

    She noted that while Kentucky's governor has "unfettered discretion" as to whether to grant clemency, there must include a statement listing the reasons for the decision. Also, the clemency application and statement must be open to public review, she said.

    Abramson also wrote the inmates did not claim to have been victims of an arbitrary clemency system. "Indeed, they are not in a position to make such claims because Foley and Baze have not yet even filed clemency petitions," Abramson wrote.

    Kentucky governors have used the clemency power before.

    Then-Gov. Paul Patton in December 2003 commuted to life in prison the death sentence of Kevin Stanford, who was 17 at the time of the slaying that led to his conviction. Patton cited Stanford's age at the time of the crime. Then-Gov. Ernie Fletcher did the same for James Earl Slaughter in December 2007, finding his defense counsel so deficient that the attorney didn't know his client's real name.

    http://www.startribune.com/kentucky-...tem/307006981/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #19
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    In today's orders, the United States Supreme Court declined to review Foley's petition for certiorari.

    Lower Ct: Supreme Court of Kentucky
    Case Nos.: (2013-SC-000777-MR)
    Decision Date: June 11, 2015
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #20
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On April 27, 2016, oral argument will be heard in Foley's appeal before the Sixth Circuit. The panel will be made up of Judges Sutton (G.W. Bush), Cook (G.W. Bush) and White (G.W. Bush).

    http://www.ca6.uscourts.gov/calendar...252016_arg.pdf

Page 2 of 3 FirstFirst 123 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •