Kentucky Constitution
Section 77
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Power of Governor to remit fines and forfeitures, grant reprieves and pardons -- No power to remit fees.
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He shall have power to remit fines and forfeitures, commute sentences, grant reprieves and pardons, except in case of impeachment, and he shall file with each application therefor a statement of the reasons for his decision thereon, which application and statement shall always be open to public inspection. In cases of treason, he shall have power to grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested; but he shall have no power to remit the fees of the Clerk, Sheriff or Commonwealth's Attorney in penal or criminal cases.
Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.
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Now they've gone and done it. Mama is mad!!!!!
I received the following letter today from James W. P'Keefe, the Executive Director of the Justice and Public Safety Cabinet.
Dear Ms. Gann
Please be advised your letter to Governor Fletcher has been referred to me for review and response. I am deeply troubled in this case as I am the letters from many mother's who write expressing the love and support they have for their sons and daughters now incarcerated.
The sentence does seem severe but the police crime report states the victim was struck in the head with an unknown object, rendering her unconscious and she fell to the ground. (This was the initial assumption of the police investigating the case, however, the Neurologist who treated her and later testified in court said the injuries were consistent with her falling and hitting her head on the pavement as Louis had said in his confession and later testimony.) She was severely injured. (This is also true and caused Louis great remorse. Fortunately, she did recover.) The law is very specific in crimes of violence and thus the 85% of sentence must be served. (This part of the letter merely irritated me. This idiot didn't bother to look at the court prceedings, only the police report.)
(Now for the part that really angered me. I have this terrible aversion to being lied to.) The Governor has no control over enacted law and cannot change the sentence. (That's funny, doesn't section 77 of the constitution say quite specifically that the governor....
shall have power to remit fines and forfeitures, commute sentences, grant reprieves and pardons....?) Louis should take advantage of all educational courses, college courses, and learn a trade or vocation during the time remaining.
I am terribly sorry the Governor cannot intervene in such cases but he cannot. I wish Louis the very best and hopefully he will choose the right path in the futures. Thank you for your letter.
Sincerely,
James W. O'Keefe
Executive Director
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To add insult to injury, this letter comes just a few short months after our dear governor granted a blanket pardon to anyone except himself who was being investigated over his administrations hiring practices. For himself, he just took the Fifth. Amendment, that is, I am unfamiliar with his drinking habits. So, our Executive Director of Justice and Public Safety is not only unfamiliar with the Kentucky Constitution, but also of current events.
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There. I think I feel better. Maybe after a good night's sleep I will be able to figure out step two. Something a bit more civilized than the steps I have had running through my head since I read that letter this evening.
Thank you all for your prayers and support. It looks like I am going to need more of them.
If I bang that wall long enough and hard enough, it just might fall down.
Namaste,(yes, even Governor Fletcher and James W. O'Keefe)
Susan