Kentucky

November 30, 2004
The state of Kentucky is scheduled to carry out its third execution in the past quarter of a century and its first since 1999 on Nov.30 for Thomas C. Bowling. Bowling has been sentenced to death for the alleged murder of Edward and Tina Earley in April 1990 in Lexington, KY.

Bowling's case is permeated with problems -- including his possible innocence, his low IQ and allegations of prosecutorial misconduct. So profound are the questions raised by this case that Bowling's execution would be a tragic miscarriage of justice.

Bowling's supporters maintain that the Lexington police and Fayatte County Commonwealth's Attorney's office are withholding evidence that could help exonerate him, apparently because this evidence would reveal police corruption.

Police Chief Larry Walsh was hired to reform the Lexington Police force in the wake of massive police corruption in the early 1980s. Walsh maintains that Edward Earley informed the police of information which directly led to Donald Adams' arrest for drug charges. Police have failed to fully investigate the possibility that a drug dealer committed the crimes despite this obvious potential connection. Bowling's supporters maintain police are withholding evidence because it would reveal the department's own involvement with drug crime-related scandals within the department.

There has yet to be a hearing on Bowling's mental disabilities or adaptive deficits. Bowling has demonstrated both criteria mental health professionals use for determining mental retardation: a low IQ coupled with deficits in adaptive behavior. He was slow to develop in several areas as a young child. As Bowling began school his problems became more apparent. He was recommended for special education testing during the first grade and attended and failed ninth grade three times. Bowling falso ailed ninth grade health class three times.

His adaptive behavior problems were numerous. As a child he was unable to comprehend basic childhood games such as hide and seek or baseball. Bowling would sit and aimlessly watch as other children participated in games. He was characterized as a follower and often went to great lengths to fit in. As a teenager, his parents had to force him to take showers and inspect him to make sure he was ready for school.

On the night the murders took place, Bowling was extremely drunk apparently because he was upset over recently ending a marriage. Because of Bowling's mental decencies and drunkenness he could have easily been framed in the murders.

In fact there are several reasons to believe he was framed. First, the only evidence linking him to the crime is that paint from his vehicle was found at the crime scene and the gun he had recently purchased could have fired the bullets which killed the victims. There is no motive and no eyewitnesses.

However, before the crimes were committed, Bowling was in the company of the Adams family - the same family which the victim had informed on for drug related crimes. Members of the Adams family, including John Edward Adams, had access to Bowling's car and gun as he had fallen into an alcohol-induced sleep. Bowling says because of his intoxication he can remember very little about the night of the crimes. He does remember his close friend John Edward Adams coming to him and telling him he had better get his car out of town. When Bowling heard this he obeyed as he has always done since childhood. He did not question this request but did attempt to hide his car and then hitchhiked back to his sister's house where he fell asleep until police came to arrest him.

Bowling has been unable to help with his own defense for several reasons, including his diminished mental capacity and his inability remember the many events of the evening the crime occurred.

Neither the Kentucky legislator nor the Kentucky Supreme Court have determined what procedures should apply to a death row inmate raising mental retardation for the first time on appeal or in post conviction. Should Bowling's execution take place, it will be the third state killing in 42 years Kentucky has carried out.

Please write Gov. Fletcher and urge him not to execute Mr. Bowling on Nov.30 based on the fact that it is unethical, and unconstitutional to execute people who are mentally retarded and Bowling has not had sufficient opportunity to make this claim. Please urge Gov. Fletcher to consider the strong possibility that Bowling is innocent as well as evidence of prosecutorial misconduct. With this much doubt surrounding Bowling's case, it is unfathomable to execute this man.