Texas Executes Mentally Retarded Man

Texas has the distinction of being the second largest state in the United States by land mass.  Today's it has also achieved the distinction of being the only state in the United States to execute mentally retarded citizens. The case involves 54 year old Marvin Wilson who was executed in Texas last night as a result of a 1994 murder conviction.  Wilson had been convicted of murdering a drug informant in 1992.  In 2002 the United States Supreme Court ruled that it was unconstitutional to execute mentally retarded inmates because it violated the Constitution's prohibition against cruel and unusual punishment.  But the 2002 Supreme Court ruling gave states discretion in deciding who they consider to be mentally retarded.  Texas, an an effort to circumvent the Supreme Court's prohibition against executing mentally retarded inmates adopted a ridiculous standard to find that Marvin Wilson qualified for an execution.  Wilson's IQ had been measured at 61. Anything below 70 is considered to be mentally retarded.  Texas argued that Wilson's IQ test had been administered by an inexperienced intern, and that based on his ability to lead, lie and the opinion of his friends and family that he was not mentally retarded and qualified for an execution.  Texas is now the only state to use such a standard to determine if an inmate is mentally retarded.  Before the execution, Wilson's attorneys made a final plea to the Supreme Court but was turned down by Justice Antonin Scalia who is overseeing emergency appeals from the Court of Appeals covering the State of Texas.  

Wilson was the seventh inmate executed in Texas this year and the 25th executed in the United States so far this year.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.legaldefenderspc.com or call us anytime at 1-800-228-7295.

Supreme Court Halts Ohio Execution

The Supreme Court, without comment, refused to allow the State of Ohio to proceed with the scheduled execution of Charles Lorraine.  The Supreme Court's decision calls into question a dozen Ohio executions scheduled over the next two years.  The Supreme Court's decision allows a temporary delay in capital punishment in Ohio to stay in place.  The death penalty system in Ohio remains constitutional but they are unable to carry it out because of issues concerning how they carry out executions.  There are concerns that the State of Ohio continues to deviate too often from its written rules on how to carry out lethal injections.  In January, the 6th U.S. Circuit Court of Appeals ruled that federal courts must monitor every Ohio execution "because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death."  Wednesday's decision by the Supreme Court affirms a decision by U.S. District Court Judge Gregory Frost that criticized Ohio for failing to adhere strictly to its policies.  During an execution last fall, he criticized Ohio for switching the official responsible for announcing the start and finish times of the execution and for not properly documenting that the inmates medical chart was reviewed.  Lorraine was convicted of murdering an elderly couple of stabbing them repeatedly and then burglarizing their house in 1986.  The State of Ohio has delayed the execution of another inmate scheduled for September 22 who has been convicted of an arson.  It is likely that other inmates awaiting execution will also ask for delays until this issue is resolved.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Looming Execution a Dark Chapter For American Justice

Tomorrow night the State of Georgia will be putting Troy Davis to death for the 1989 murder of Savannah police officer Mark MacPhail.  There was no physical evidence introduced at Davis's trial, no murder weapon, no video tape, no DNA evidence, no confession.  Davis was convicted entirely on the testimony of nine eyewitnesses.  Since the trial, seven of the witnesses have changed their stories and admitted that they lied.  Two individuals testified at trial that Davis had confessed to them that he had murdered the police officer.  Both of those individuals have since admitted that they lied.  Ten witnesses have signed affidavits claiming that the police coerced them to lie and eight more have signed affidavits implicating another man in the murder.  Davis has always maintained his innocence.  The United States Supreme Court has already stopped his execution at least once by ordering that a Federal Judge hold a hearing to determine if there was sufficient evidence to sustain a conviction.  The Federal Judge required that Davis prove his innocence at that hearing, a virtually impossible burden for a defendant to meet and a burden that has no basis in the United States Constitution.  Even though the court found that Davis had not met his burden, it did find that the state's case was weak.  Today the Georgia Board of Pardons turned down a request to stop Davis's execution.  It appears as if Davis's appeals have been exhausted and there is no way to stop his execution, which is scheduled for 7 pm.  

While there is no way to know for sure if Davis is guilty or innocent, there is no doubt that there are serious questions surrounding his case.  The Death Penalty is the most serious penalty that society can impose on an individual and should only be reserved for those cases in which there is no doubt whatsoever about the guilt of the condemned.  In its rush to execute Davis, Georgia may be doing more to eradicate the death penalty than they think.  This is the type of case which will make people question how the United States of America can still be the only industrialized nation on the planet to execute its citizens.  

Tomorrow the eyes of the world will be on Georgia as they may very well be putting an innocent man to death.  In the meanwhile, America should bow its head in shame.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.