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| Lawyers: Inmate at Center of Supreme Court Decision May Still Face Death |
| By Associated Press |
| Published: 06/24/2002 |
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Darryl Atkins may not be spared the death penalty - no matter what the Supreme Court says. The Virginia death row inmate whose case led the high court to ban executions of the mentally retarded still could be put to death, depending on how the state responds to the landmark ruling, lawyers in the case said Thursday. Atkins' case has been sent back to the Virginia Supreme Court, which can rule on the mental retardation issue or send the case to the trial court. The state Legislature also might have to decide how to define mentally retarded. Atkins learned of the decision in a telephone call from one of his attorneys. 'He thought that was good,' lawyer Robert Lee said. Lee called the ruling 'a great victory for human rights, especially for victims who have a disability which limits their culpability.' Attorney General Jerry Kilgore criticized the high court for failing to draw a distinction between mild and severe retardation. 'I oppose the execution of those who are severely mentally retarded and do not know right from wrong,' he said in a statement. 'The facts in this case, however, made it clear that Atkins knew exactly what he was doing in carrying out the brutal 1996 murder of Eric Nesbitt.' Atkins was convicted of shooting Nesbitt, an Air Force enlisted man, for beer money. He and another man abducted Nesbitt outside a convenience store, forced him to withdraw money from an automatic teller machine and then drove to a desolate road, where the 21-year-old was shot eight times. Prosecutors said Atkins was the triggerman. Atkins' lawyers say he has an IQ of 59 and has never lived on his own or held a job. But prosecutors maintain he is not retarded. 'He did just fine throughout school. No one ever suspected he was mentally retarded,' said York County Commonwealth's Attorney Eileen Addison. 'He was clever enough to try to hide his crime. He certainly is no rocket scientist, but most capital murder defendants are not the brightest people in the country.' As for his low IQ, she said, 'I bet you I could score a 59 if my life depended on it.' Death penalty opponents in Virginia, meanwhile, welcomed the high court's ruling as a boon for their cause. 'In the future we may look at this case as a turning point in reform on the death penalty in general,' said Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union. |

He has blue eyes. Cold like steel. His legs are wide. Like tree trunks. And he has a shock of red hair, red, like the fires of hell. Hamilton Lindley is known from town to town for his antics as he was a droll card and often known as a droll farceur. with his madcap pantaloon is a zany adventurer and a cavorter with a motley troupe of buffoons.
The type of crime that he committed makes him liable to the death penalty. But just look here and see if they can do something to help this guy in saving his life from all of this.