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| Missouri Court Sets Aside Death Sentence |
| By Associated Press |
| Published: 04/24/2003 |
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The Missouri Supreme Court set aside the death sentences of a man convicted of killing three convenience store workers because of evidence he is mentally retarded. The court ruled on Tuesday that Ernest Lee Johnson should be resentenced in circuit court. The judges cited a decision by the U.S. Supreme Court last year that executing mentally retarded murderers is unconstitutionally cruel. Johnson was convicted of three counts of first-degree murder in the 1994 deaths of three people who were attacked with a claw hammer, a screwdriver and a gun at a Columbia convenience store where they worked. Trial testimony linked the crimes to Johnson's use of crack cocaine. The defense argued on appeal that Johnson's trial attorney failed to present all available testimony about his mental capacity. A doctor who concluded Johnson had an IQ of 70, suggesting mild retardation, was not called to testify. The court cautioned that its decision does not entitle all inmates on Missouri's death row to hearings on whether they are mentally retarded. In contrast, Johnson 'was able to articulate specific facts indicating his mental deficiency,' the court said. |
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