Presents Case in Extraordinary Sitting of Sixth Circuit
CINCINNATI, Ohio (Oct. 31, 2024) – Attorney General Russell Coleman announced the Kentucky Solicitor General argued to uphold the death sentence in one of the Commonwealth’s most brutal murders yesterday. In 1986, Benny Lee Hodge was convicted of killing 23-year-old Tammy Acker and brutally attacking her father in Letcher County.
In a rare move, 18 judges of the U.S. Court of Appeals for the Sixth Circuit met Wednesday afternoon to hear arguments on Hodge’s latest attempt to overturn his conviction.
“Mr. Hodge had his day in court nearly 40 years ago, and a jury delivered a fair sentence. For the safety of all Kentuckians, it’s critical we uphold the jury’s verdict and finally deliver justice for the Acker family,” said Attorney General Coleman, who earlier this year, asked the entire appellate court to reconsider a panel decision to throw out the death sentence.
In 1985, Hodge and an accomplice posed as FBI agents to enter the home of Dr. Roscoe Acker. Once inside, they tied up the victims, forced Dr. Acker to open his safe, strangled him until he lost consciousness and brutally stabbed his daughter, Tammy, at least 10 times using a kitchen knife.
Since his conviction the following year, Hodge has filed numerous appeals seeking to avoid punishment.
“I want to thank Attorney General Russell Coleman and his staff for their excellent preparation and presentation to uphold the sentencing of a cold-blooded murderer before the Sixth Circuit Court of Appeals,” said Tawny Acker, Tammy’s sister. “They stood masterfully in the gap, defending justice and protecting the safety of my family and the safety of all families in the Commonwealth.”
Kentucky Solicitor General Matt Kuhn presented the Commonwealth’s case. Assistant Solicitor General Jacob Abrahamson also supported the Commonwealth’s efforts. Erica Paske from the Attorney General’s Office of Victims Advocacy provided services to the victim’s family.