|
|
| Expect more 'knot heads' on death row |
| By mysanantonio.com - JACK ELLIOTT JR., Associated Press |
| Published: 05/26/2011 |
|
JACKSON, Miss. (AP) — If Robert Simon Jr. receives a new medical evaluation with his claim that falling on his head made him mentally incompetent, Mississippi can expect a flood of similar claims from other death row inmates, says Attorney General Jim Hood. "We're going to see a rash of knot heads at Parchman," Hood told The Associated Press on Thursday. "We'll have to put cameras into every cell on death row because they are all going to claim they fell and bumped their head." Simon's injury, which records show occurred at Parchman in January, was the basis for his attorneys' claim that he is incompetent to be executed. Simon was sentenced to death for the 1990 slaying of members of a Quitman County family. The execution was blocked by a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans hours before its scheduled time Tuesday. "The court recognized that the medical records show an accident that lead to neuropsychological effects and it is so stated in the medical records. What the court is saying is there should be a hearing and evaluations based on this evidence," said Tom Freeland of Oxford, who is representing Simon. Freeland declined to respond to Hood's comments. In a statement released Thursday, Gov. Haley Barbour said: "The only injustice here is to the family of the innocents who were murdered." On Wednesday, the federal panel gave both sides until June 6 file briefs on the issues raised by Simon. The attorney general's office contends the issue of Simon's mental health was exhausted in appeals rejected by both Mississippi and federal courts. The 5th Circuit panel said it was concerned the deficiencies in Simon's petition were created by the state's refusal to allow an evaluation of Simon by a doctor hired by the defense. "In such a situation, a holding that Simon's evidence does not amount to a 'substantial threshold showing' might be tantamount to holding that a state can always prevent a petitioner from making such a showing by simply forbidding his experts from examining him," the panel said. Hood said Thursday that two doctors at Parchman interviewed Simon and that was contained in the state's argument that the execution should not be stopped. Hood said it appeared the 5th Circuit was given more information that it could digest in a short time, and that is partly the fault of defense attorneys who wanted until the last minute to file Simon's petition. "We have seen this stuff time and time again, and the judges — they hesitate because of a little mud in the water," Hood said. Hood said he expects the 5th Circuit will send case back to federal court for a hearing or with an order for a mental evaluation of Simon. He said that would mean extra costs to the state to hire its own experts plus pay for Simon's. Read More. |
MARKETPLACE search vendors | advanced search
IN CASE YOU MISSED IT
|
Comments:
No comments have been posted for this article.
Login to let us know what you think