A Fayette [KY] Circuit judge should decide soon whether a condemned man has the right to interview jurors from his original trial.
Judge James Ishmael Jr. told attorneys for Thomas C. Bowling and for the state that he would try to make a decision as soon as possible because of the tight time constraints on the case.
Attorney General Greg Stumbo has asked Gov. Ernie Fletcher to set a Nov. 16 execution date for Bowling, who was convicted of killing Tina and Edward Earley in 1990 in front of their dry cleaning business in Lexington. Fletcher, who also received Bowling�s petition for clemency last week, is considering both requests.
Lawyers for the state asked Ishmael to dismiss the request to interview jurors on procedural grounds, saying Fayette Circuit Court was not the proper place to file the request.
But lawyers for Bowling said some members of Bowling�s original jury have been interviewed for research articles and have said they did not consider mitigating circumstances � such as mental illness, competency or chemical dependency �when they deliberated.
�If there was a structural problem with that jury, then Thomas Bowling deserves a new trial,� said Susan Balliet, a lawyer with the Department of Public Advocacy.
What about the "common law prohibition against investigating into jury deliberations"? Details here from the Lexington Herald-Leader.