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| Mississippi death row inmate loses appeal |
| By Associated Press |
| Published: 06/14/2004 |
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The Mississippi Supreme Court last Thursday rejected claims of mental retardation from inmate Kevin Scott and upheld his capital murder conviction and death sentence. In his appeal, Scott had claimed that there was no clear-cut testimony at his trial concerning his mental state. Scott claimed there was evidence available that Scott at an early age had an IQ of 40, which rose to a level of 60 when Scott was evaluated for his 1998 trial. Five Mississippi death row inmates have been granted mental retardation hearings. However, those orders came in post-conviction appeals. Scott's appeal was the first case involving a direct appeal of a death penalty case in which the issue has been raised. Justice Chuck Easley, writing last Thursday for the court, said neither of the experts who were called to discuss Scott's mental condition testified that Scott was mentally retarded. Easley said the experts also testified that Scott was uncooperative during evaluations and appeared to lie when asked questions. In 2002, the U.S. Supreme Court ruled it unconstitutional to execute a retarded person. Although retardation is generally defined as having an IQ of 70 or lower, the court left it up to the states to determine who is and who isn't retarded. Mississippi justices have ruled the state will follow guidelines of the American Psychiatric Association, which also establishes the limit of retardation at 70. Scott and Leroy Lynch each were convicted in Bolivar County of capital murder and sentenced to death for their roles in the shooting death of 74-year-old Richard Lee outside Lee's home in Boyle. Scott and Lynch were tried separately in Bolivar County. The Supreme Court heard Lynch's appeal last October, but has not yet ruled. |
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