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| Texas Must Look at Two Death Penalty Cases |
| By Fort Worth Star-Telegram |
| Published: 10/10/2002 |
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The U.S. Supreme Court on Monday ordered a state appeals court to re-examine whether two Texas inmates sentenced to death are mentally retarded. The nation's highest court, which in June ruled that executing offenders who are mentally retarded is unconstitutional, ordered the Texas Court of Criminal Appeals to reconsider the sentences of Michael Wayne Hall, 23, in the 1998 slaying of an Arlington woman, and Robert Tennard, 39, in a 1985 Houston killing. Hall was sentenced to die in the fatal shooting of 19-year-old Amy Robinson, a mentally challenged woman who was riding her bicycle to work Feb. 15, 1998, in Arlington when she was abducted and killed. 'We believe Michael Hall does not fall within the category of mentally retarded capital offenders who are exempt from the death penalty,' said Helena Faulkner, Tarrant County assistant district attorney. Hall's attorneys contend that their client should be given a new sentencing hearing to consider whether he is mentally retarded. The Supreme Court's order on Monday does not overturn the conviction or sentence, but requires the appeals court to reconsider Hall's death sentence in light of the high court's June ruling in a Virginia case. In that case, the justices, in a 6-3 decision, said capital murder defendants are exempt from death sentences if they can prove they are mentally retarded. Many experts say the benchmark for retardation is an IQ of 70 or lower. Experts also cite the inability to adapt to one's surroundings as signs of mental retardation. During Hall's capital murder trial, prosecutors and defense attorneys presented experts who provided conflicting testimony on whether Hall is mentally retarded. A jury rejected the issue as a mitigating factor and sentenced Hall to death. In the Virginia case, the Supreme Court left it to the states to develop systems to ensure that mentally retarded offenders are not executed. 'The Texas Legislature is going to have to create statutory guidance on the issue of mental retardation in death penalty cases,' said Hall's attorney, Larry Moore. Last year, Gov. Rick Perry vetoed legislation that would have banned the execution of the mentally retarded. He has repeatedly defended the state's system for determining whether defendants in capital cases have the mental ability to understand their actions. State Sen. Royce West, D-Dallas, a member of the Senate's Criminal Justice Committee, said the Legislature will likely take up the issue next year when it reconvenes. 'If the Supreme Court said we can't engage in certain behavior, then there should be some guidance by our Legislature on the issue,' he said. 'Given the Supreme Court's rulings, we look pretty foolish right now.' |
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