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Thread: Kentucky Capital Punishment News

  1. #51
    Administrator Moh's Avatar
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    Anyone know whether the Commonwealth can appeal this now straight up to the Kentucky Supreme Court?

  2. #52
    Moderator Dave from Florida's Avatar
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    I don't know. I don't understand why the Judge and the state are litigating this case "piecemeal." You would think all the issues would be briefed and argued for a decision so they can move it along to the Kentucky Supreme Court. The interesting thing is that Shepherd is the judge who held a bench trial and ruled for Kentucky on the lethal injection case that SCOTUS accepted and affirmed in Baze. Ever since then, he has thwarted Kentucky's efforts to start executions.

  3. #53
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    Ky. won't appeal ruling halting executions

    Kentucky will not appeal a judge's ruling that kept a ban on executions in place with state officials opting instead to fight it out in a lawsuit brought by inmates challenging the way lethal injections are carried out.

    Justice Cabinet spokeswoman Jennifer Brislin also told The Associated Press that there won't be an attempt to rewrite the regulations for executions to deal with concerns raised by Franklin Circuit Judge Phillip Shepherd.

    "That's not an indication that we are in agreement with the portion of the order adverse to our position," Brislin said.

    Earlier this month, Shepherd opted to keep in place an injunction that has stopped Kentucky from carrying out any death sentences since 2010. Shepherd raised concerns about how the state would determine if an inmate is mentally disabled, if the public and defense attorneys see enough of the execution preparation before the lethal injection begins and if the inmate has access to counsel in the hours leading up to an execution.

    The state has in place both a one and two-drug method for carrying out a lethal injection. Shepherd did not object to those or the drugs the state would use.

    The U.S. Supreme Court has previously addressed many of these issues, with a decision barring the execution of the mentally disabled being the most recent.

    The decision not to appeal Shepherd's decision delays by months Kentucky's ability to carry out a death sentence for any of its 33 inmates on death row as briefs are filed and a hearing is held before a final ruling comes down

    For the inmates, the decision is something of a relief.

    "A lot of these guys live and pray day to day," said Randy Haight, who was condemned to death for killing two people in central Kentucky in 1985.

    Shepherd halted lethal injections in 2010 as the state prepared to execute Gregory L. Wilson for a 1987 murder in Kenton County. The judge had expressed concerns about how the state would determine if an inmate is mentally disabled and whether the use of a three-drug mixture caused an unconstitutional amount of pain and suffering.

    Wilson, along with inmates Ralph Baze, Thomas C. Bowling, Robert Foley, Brain Keith Moore and Parramore Sandborn, are plaintiffs in the suit.

    Shepherd's rulings were the latest development in a decade-long battle over how Kentucky may carry out the court-mandated sentences for its death row inmates in cases that rose to the U.S. Supreme Court, which effectively upheld lethal injections in 2007.

    Kentucky has executed three inmates since the reinstatement of the death penalty in 1976, with the last execution in 2008.

    http://www.seattlepi.com/news/articl...ns-5090862.php
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  4. #54
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    Judge calls for trial in case over Kentucky lethal injection executions

    By BRETT BARROUQUERE
    The Associated Press

    A judge in Kentucky on Friday called for a trial to resolve disputed aspects of how the state handles an inmate in the days leading up to an execution.

    Franklin Circuit Judge Phillip Shepherd issued a three-page order setting a pre-trial conference for Sept. 22, at which time he plans to set a date for a full trial over how the state proposes to carry out a lethal injection.

    Any trial would not focus on the state's plans to use one or two drugs to carry out a death warrant. Shepherd previously ruled that Kentucky's plans on that front appeared to pass constitutional muster and Friday's order made no mention of the issue. Instead, the judge took issue with how the state assesses condemned inmates' mental abilities in the weeks leading up to an execution.

    In December, Shepherd raised concerns about how the state would determine if an inmate is mentally disabled, if the public and defense attorneys see enough of the execution preparation before the lethal injection begins and if the inmate has access to counsel in the hours leading up to an execution.

    Kentucky is barred from executing any inmates under an injunction issued by Shepherd in 2010. In December, the judge opted to keep that injunction in place. Multiple death row inmates challenged Kentucky's use of three drugs to carry out a lethal injection. As a result, the state has switched to using one or two drugs.

    The U.S. Supreme Court has previously addressed many of these issues, with a decision barring the execution of the mentally disabled being the most recent.

    The trial order comes as multiple states confront a shortage of drugs commonly used in executions and some, such as Missouri, have tried drugs previously untested in executions. Missouri opted for pentobarbital, which was used to execute serial killer Joseph Paul Franklin in November, Allen Nicklasson in December and Herbert Smulls on Jan. 29.

    The state has opted not to appeal Shepherd's decision. A trial could delay by months or more than a year Kentucky's ability to carry out a death sentence for any of its 33 inmates on death row as briefs are filed and a final ruling is issued.

    For the inmates, the decision is something of a relief.

    "A lot of these guys live and pray day to day," Randy Haight, who was condemned to death for killing two people in central Kentucky in 1985, said of the December ruling in a letter to The Associated Press.

    Shepherd halted lethal injections in 2010 as the state prepared to execute Gregory L. Wilson for a 1987 murder in Kenton County. The judge had expressed concerns about how the state would determine if an inmate is mentally disabled and whether the use of a three-drug mixture caused an unconstitutional amount of pain and suffering.

    Wilson, along with inmates Ralph Baze, Thomas C. Bowling, Robert Foley, Brain Keith Moore and Parramore Sandborn, are plaintiffs in the suit.

    Shepherd's rulings were the latest development in a decade-long battle over how Kentucky may carry out the court-mandated sentences for its death row inmates in cases that rose to the U.S. Supreme Court, which effectively upheld lethal injections in 2007.

    Kentucky has executed three inmates since the reinstatement of the death penalty in 1976, with the last execution in 2008.

    http://www.therepublic.com/view/stor...ction-Kentucky

  5. #55
    Moderator Dave from Florida's Avatar
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    Is Judge Shepherd ever going to resolve this case? He has stonewalled Kentucky executions for 4 years now. September 22nd for a pretrial conference? Then a bench trial and the way Shepherd works, several months for a ruling.

    I am surprised the Kentucky Justice Cabinet doesn't file any motions to expedite this case. It is probably too late to replace Shepherd. He has had this case since 2006.

  6. #56
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    Republican, Democratic Lawmakers Propose Bills Ending Kentucky Death Penalty

    2 Kentucky lawmakers have introduced bills that would eliminate the death penalty and replace it with life without parole.

    Democratic Sen. Gerald Neal of Louisville and Republican Rep. David Floyd of Bardstown say the justice system is flawed and should not have the power to take a felon's life.

    Corrections data provided by the Kentucky Coalition to Abolish the Death Penalty shows that 14 death penalty cases have been overturned since 1983.

    Neal says he has also filed a resolution in the Senate that would create a task force to examine the cost of capital punishment to taxpayers. It's been estimated to cost an average $10 million each year.

    "Whether you're for it or against it, that's one thing or the other," Neal days. "But let's understand the cost to the taxpayer because it impacts more. I guess the bottom line is, I think, as I talk individually with some members of the chamber, I think that argument is gaining some traction."

    Floyd says trusting government to fairly administer capital punishment doesn't fit with conservative politics.

    "Conservatives, we don't trust our government to run our health care," Floyd says.

    "We don't trust them to respect constitutional limits on executive power. We're constantly mindful of the abuse of political power. But on the other hand, we trust the government with the power of life or death over a human who's in a system where prosecutors and judges are in political offices."

    Some commonwealth's attorneys maintain that capital punishment acts as a deterrent on crime, a point that Neal and Floyd disagree with.

    (Source: WFPL News)
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  7. #57
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    Appeals court to hear case over prison pastor visits

    A federal appeals court is set to hear a case brought by Kentucky death row inmates challenging the rules governing how and when pastors may visit them at the Kentucky State Penitentiary.

    The U.S. 6th Circuit Court of Appeals in Cincinnati has scheduled oral arguments in the case for May 9 in Cincinnati.

    Five death row inmates sued the Department of Corrections in 2011 accusing the Corrections Department and prison of violating their First Amendment rights to free exercise of religion. The prison system changed its policy in 2010 requiring inmates to place pastors on one of three slots on an inmate's visitation list to meet with them one-on-one.

    U.S. District Judge Thomas B. Russell dismissed the inmate's lawsuit a year ago.

    http://www.kentucky.com/2014/03/24/3...#storylink=cpy
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  8. #58
    Administrator Helen's Avatar
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    Flawed executions in other states cause more death penalty scrutiny in Kentucky

    LOUISVILLE, Ky. (WDRB) -- Local attorneys representing a Louisville woman accused of murder recently took a novel approach -- and one ripped from current events -- in arguing why she shouldn’t face the death penalty.

    No one can provide details on how she would be put to death, Ellen Crawley’s lawyers said, including whether Kentucky would inject the same drug cocktail used in a flawed execution in Ohio earlier this year in which an inmate gasped and convulsed for more than ten minutes before dying.

    Attorney Jon Heck told Jefferson Circuit Judge Charles Cunningham on April 15 that Kentucky’s current death penalty protocol is “part of the uproar nationally.” The Ohio defendant was "clearly suffering and that’s exactly (the drugs) Kentucky calls for," Heck argued, asking for a hearing in which the Department of Corrections would explicitly say how an execution would occur here.

    "Every week there is more and more coming out from defense attorneys who are challenging" the death penalty nationally, Heck said, pointing to problematic executions in other states and the fact that there is a moratorium on executions existing in Kentucky while several issues are tied up in court.

    In fact, David Barron, an assistant state public advocate who represents five Kentucky death penalty inmates, is now arguing in Franklin Circuit Court that botched executions in Oklahoma and Ohio this year show that similar protocols that would be used here are flawed, potentially dragging out litigation that has been ongoing for years. The execution in Ohio, which uses the same two drugs Kentucky may use, was "an utter disaster," Barron wrote in a court motion.

    While there are 33 men on death row -- about half of whom have been there for two decades or more -- Kentucky has not executed anyone since 2008, when Marco Allen Chapman died by lethal injection for the 2002 stabbing deaths of two children after a two-day crack binge. In total, three men have been executed since 1976, including Harold McQueen in 1997 and Edward Lee Harger in 1999.

    And few expect anyone to face capital punishment anytime soon in Kentucky.

    Richard Dieter, executive director of the Death Penalty Information Center, a Washington, D.C.-based nonprofit organization that opposes executions and tracks the issue, said the flawed executions this year have renewed the debate over the death penalty nationwide.

    "There's a lot of concern about how it can be fixed or if it should just be ended," he said in an interview, arguing that it is a slow process, difficult to find the drugs needed and there are still errors in convictions. "No one is particularly happy with the way the death penalty is working now."

    Dieter noted that six states in the last six years have abolished the death penalty, including Illinois. (Thirty two states still allow the death penalty.) And only five states have carried out executions this year and that’s “probably not going to grow by much,” he said.

    "There are a lot of states in limbo right now," Dieter said, adding that Kentucky is one of several states that technically has the death penalty but rarely uses it.

    Rev. Patrick Delahanty, a Catholic priest who serves as chairman of the Kentucky Coalition to Abolish the Death Penalty, said "people are clearly moving away from the death penalty in Kentucky," noting that conservatives like Rep. David Floyd, R-Bardstown, unsuccessfully filed legislation in the House this year to end executions in Kentucky.

    "The government needs to be infallible when it comes to killing people and it's not," Floyd said in an interview, adding that the death penalty is extremely expensive and rarely used.

    The state Department of Public Advocacy has estimated that Kentucky spends as much as $8 million a year prosecuting, defending and incarcerating death-row inmates.

    "The alternative of life in prison is much more cost effective," Floyd said, though acknowledging that there is still support for capital punishment in Kentucky.

    In fact, Rob Sanders, the commonwealth attorney in Kenton County, says he does not think public sentiment is changing about the death penalty.

    "I think the media is doing their best to stir controversy so it gives them something to talk about during lulls in the 24-hour news cycle. Nevertheless I think the public approves of the death penalty as an option for the worst offenders," Sanders said.

    Executions in Kentucky on Hold Since 2010

    The main obstacle to executions in Kentucky right now is not changing attitudes, but an injunction by Franklin Circuit Judge Phillip Shepherd in 2010 that barred capital punishment. Shepherd, who is reviewing the state's lethal injection protocol, halted lethal injections in 2010 as the state prepared to execute Gregory L. Wilson for a 1987 murder in Kenton County.

    The judge had expressed concerns about whether the use of a then used three-drug mixture caused an unconstitutional amount of pain and suffering and wanted more information on how the state determined if an inmate was mentally disabled.

    The lawsuit filed by seven condemned Kentucky inmates had claimed that executions using the three-drug combination violate the Eighth Amendment protection against cruel and unusual punishment, citing evidence that some put to death that way have suffered.

    In 2012, Kentucky changed from a three-drug method to both a one and two-drug method for carrying out lethal injection. If the single-drug injections are not available seven days before a scheduled execution, a mixture of midazolam and hydromorphone would be permitted, but the warden must notify the condemned seven days in advance of which option would be used.

    The lawsuit is ongoing, for various reasons, including how to determine if inmates are mentally disabled and when they have access to counsel, and Barron has filed recent motions about the current protocols violating the Eighth Amendment.

    Convicted murderer and rapist Dennis McGuire appeared to gasp and convulse for more than ten minutes before dying from the drug cocktail used in his execution in Ohio earlier this year. Ohio used the sedative midazolam and the painkiller hydromorphone in McGuire's January execution.

    In a motion filed May 5 in Franklin Circuit Court, Barron argues that Kentucky’s plan to use a smaller dosage of midazolam and hydromorphone during executions is "not enough to prevent the condemned person from feeling pain."

    In the Oklahoma case, a convicted killer began writhing, clenching his teeth and straining to lift his head off the pillow after he had supposedly been rendered unconscious by the first of three drugs in the state's new lethal injection combination, the Associated Press reported.

    The execution was halted, and 38-year-old Clayton Lockett died of an apparent heart attack 10 minutes later on April 29, authorities said. They later blamed a collapsed vein, not the drugs themselves.

    Barron's motion said it took 51 minutes for the execution team to insert an IV, eventually placing one in Lockett's groin, which witnesses were not allowed to see.

    Kentucky also closes a curtain, prohibiting witnesses from watching the process of inserting an IV, which he argues violates the Frist Amendment, among others.

    And like Oklahoma, Kentucky does not have equipment to reverse the effects of the drugs if something goes wrong or the proper resuscitation equipment, which is "crucially important to ensure that what transpired in Oklahoma does not occur" here, Barron wrote in his motion.

    Ohio has postponed further executions to investigate the problems with the two-drug protocol,and all other states with executions scheduled over the next three months using those drugs have been stopped either by a federal court or governor, Barron wrote.

    Asked about the status of the case and Barron’s most recent arguments, Allison Martin, a spokesperson for the Attorney General’s office, said, "It’s the policy of our office that we cannot comment on pending litigation."

    However, the state argued in its response to Barron that federal courts have already ruled on the two-drug protocol and approved its use, asking Shepherd not to hear the latest argument from the defense, according to a motion filed by Assistant Attorney General Heather Fryman.

    Fryman also said the two-drug protocol has been "studied and effectively prevent severe pain."

    And the Attorney General's office noted that courts have ruled inmates are not "entitled to a painless death and the state is not a scientific forum for searching for a method of death that is free from any discomfort. Certainly, the victims of the horrendous murders perpetrated by the plaintiffs to this action did not have the luxury of opting for the least painful alternative. It is certain that those victims suffered indescribable pain, sorry and agony."

    Such is the point made by Katherine Nichols, president of Kentuckians Voice for Crime Victims.

    "My brother was stabbed at least 15 times," she said of Jim Duckett, a Gulf War veteran who was tied up and stabbed to death inside his Shelby County home in 2008. No one has been arrested. "I guarantee that he did a whole lot more than moaning."

    Nichols said she is ready for the state to move on with executions and until people "stand in victims’ families’ shoes, they shouldn’t give an opinion."

    Future of Capital Punishment in Kentucky Still Unclear

    The next hearing in the state case is in September, although it is unclear if Shepherd will set a trial date at that time.

    It is also unknown if Kentucky can even get the lethal injection drugs right now.

    Tennessee has responded to a nationwide scarcity of lethal injection drugs for death-row inmates by deciding to use the electric chair, according to a recent Associated Press story.

    Lisa Lamb, a spokeswoman for the Kentucky Department of Corrections, said that because of the injunction, Kentucky is "prohibited from taking any steps regarding execution -- and this would include the purchase of the drugs, so we don't know if they are available because we haven't tried to purchase."

    In the local case of Ellen Crawley, who allegedly strangled her grandmother and put her body in the trash by the curb two years ago, Heck said because of the ambiguity with Kentucky's death penalty process right now, he, Crawley and the jury will be deprived of key information that could help jurors understand what is happening and help him inform Crawley on matters of defense strategy and settlement negotiations.

    "I can’t even advise her, 'Here's what happens if we go to trial and lose, this is how they are going to kill you,'" Heck told Cunningham on April 15.

    Cunningham responded that it would be more important to tell jurors exactly what the death penalty would entail.

    But Assistant Commonwealth's Attorney Lisa Cartier Giroux said she has never seen a defense attorney explain to a jury how the lethal injection would kill someone and she is not even sure it is permissible.

    "Right now, the law is the death penalty is legal in Kentucky," she told Cunningham. "The Supreme Court has affirmed that. I don't think this is something that should hold up the trial."

    Cunningham set a hearing on the issue for next month, saying, however, that perhaps the issue would be resolved by the time Crawley goes to trial in June.

    "They could come out with a ruling in the next two months," he said of the Franklin Circuit Court case, "but I doubt it."

    http://www.wdrb.com/story/25653974/s...ny-in-kentucky
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
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    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #59
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    Kentucky effort to resume executions hits snag

    Kentucky's efforts to resume executions appeared to hit a snag Wednesday after a judge said he was concerned that officials want to use the same method that led to an execution that took 26 minutes in neighboring Ohio.

    The issues raised by Franklin Circuit Judge Phillip Shepherd could prolong the decade-long legal fight over how Kentucky puts condemned inmates to death.

    In January, Ohio inmate Dennis McGuire gasped and snorted during the 26 minutes it took him to die. Kentucky is proposing that it use a single drug or a two-drug combination. The two-drug method would be identical to the method used in Ohio.

    "The court is concerned about the issue presently emerging that we see in other states," Shepherd said. The judge said he may set a future hearing about the state's proposal to use two drugs but did not set a date.

    Lethal injections have been in the spotlight since April, when Oklahoma inmate Clayton Lockett writhed, moaned and clenched his teeth before a doctor determined the state's three-drug combination wasn't being administered properly. He died of a heart attack 43 minutes after the execution began.

    Both methods proposed by Kentucky are different than that used in Oklahoma. And since April, executions in Florida, Georgia and Missouri were carried out with no noticeable glitches.

    Shepherd halted all executions in the state in 2010 after raising concerns about how the state handles the mental condition of a condemned inmate. Kentucky has executed three inmates since 1976, but none since 2008.

    A group of death row inmates is challenging Kentucky's lethal injection process and wants Shepherd to look into what happened in Ohio and whether it could happen in the Bluegrass State. Since McGuire's execution, Ohio has increased the dosage of the drugs involved, midazolam and hydromorphone, which are given in a simultaneous dose.

    Thirty-two states have the death penalty, and all of them rely at least in part on lethal injection. Fewer than a dozen regularly carry out executions, among them Alabama, Arizona, Florida, Georgia, Mississippi, Missouri, Ohio, Oklahoma, Virginia and Texas, which carries out more than any other state. The federal government also uses lethal injection but rarely carries out executions.

    In May, Tennessee Gov. Bill Haslam signed a law allowing the state to return to the electric chair to carry out executions if it can't get the drugs used for lethal injections. It's the first such law in the country.

    Public defender David Barron, who represents multiple death row inmates, said the drugs used in Ohio and proposed for Kentucky should be examined closely. When the state first pitched the concept of using the drugs, their effect on the inmate was unknown, Barron said.

    "Now, we know what happened," Barron said. "It went horribly awry and Ohio increased the dosage."

    Assistant Attorney General Heather Fryman said the issue of what drugs Kentucky uses was settled during litigation resolved in 2004, when a court approved of the drugs of choice. Allowing the issue to be raised again will only prolong the litigation, Fryman said.

    "Every time we think we've got an issue nailed down, we get another motion," Fryman said, comparing the legal battle to "nailing Jell-O to a wall."

    http://www.gettysburgtimes.com/news/...2a4ad58f0.html
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  10. #60
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    Rand Paul says death penalty is a state issue

    U.S. Sen. Rand Paul said Thursday that the disproportionate number of minorities in the nation's prisons convinced him to push for sentencing reform and restoring voting rights to some convicted felons ahead of a possible presidential run in 2016.

    However, the fact that there are a disproportionate number of minorities on death row in the U.S. has not led him to scrutinize capital punishment. He said the death penalty is a state issue.

    "I haven't had a lot of feedback specifically on that," Paul told The Associated Press in a phone interview. "I just haven't taken a position on the death penalty."

    In the past two months, Paul has introduced a series of bills designed to reform the criminal justice system. The bills would abolish mandatory minimum sentences, restore voting rights to some convicted felons, help people expunge their criminal records and downgrade some felonies to misdemeanors. All the proposals would benefit minorities that Paul said have been impacted by the "war on drugs."

    "And even though whites used drugs at the same rate as black kids, the prisons are full of black kids and brown kids," he said. "There are Republicans trying to correct this injustice."

    Similarly, more than half of the country's current death row inmates are either black or Latino, according to the Death Penalty Information Center, a nonprofit that advocates ending capital punishment. More than 270 black people have been executed for the murder of a white person, while 20 white people have been executed for the murder of a black person.

    White people have accounted for more than half of all executions in the United States since 1976. Kentucky has executed three people since 1976 — all white males — but none since 2008. The state's death penalty has been on hold since 2010 pending the outcome of a state lawsuit.

    Paul said he did not know if the death penalty is an important issue to minority voters, whom he has been courting in recent months. In February, Paul pressed Republicans in the Kentucky Senate to pass a bill that would restore voting rights to some convicted felons. It ultimately failed.

    Paul plans to talk about those issues in a speech Friday at the National Urban League's annual conference in Cincinnati. He said his ideas have been well received in minority communities because "people are ready for something to happen."

    Paul isn't the first Republican to seek to broaden the party's base by reaching out to minority voters. The key, according to Eric McDaniel, an associate professor at the University of Texas at Austin who specializes in black politics, is consistency.

    "You have to have a history of doing this," he said.

    That's one reason why some of Kentucky's civil rights leaders have not bought into Paul's message. Georgia Davis Powers, Kentucky's first black state senator, wrote an editorial earlier this month saying the black community does not trust politicians who "shake our hands while spitting in our faces."

    "I call him the great pretender," Powers said, pointing to Paul's support of laws that require voters to show a photo ID at the polls. Opponents of the laws argue that they target fraud that doesn't exist and disproportionately affect minorities, college students and other groups that generally vote Democratic.

    Paul said it was "presumptuous of anyone to know what's in another's heart."

    "I don't think there is anybody in Congress, Republican or Democrat, who has done more to advance minority rights and try to advance justice," Paul said.

    http://www.whas11.com/news/local/Ran...268601952.html
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