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Prosecutors Again Seeking Death Penalty Against Inmate Claiming Retardation
By Associated Press
Published: 04/10/2002

A convicted killer whose death sentence was twice overturned by the Supreme Court is competent to stand trial despite IQ tests showing he may be mildly mentally retarded, Texas prosecutors said.
Johnny Paul Penry, 45, has spent half his life locked up for the fatal stabbing of Pamela Moseley Carpenter in 1979 at her home in Livingston.
Twice he has been convicted and sentenced to death, and twice the Supreme Court has thrown out his sentence - most recently in June. Both times, the court said jurors were not given sufficient instructions on how to weigh his mental condition when they decided punishment.
As testimony began last week in a competency hearing, the prosecution characterized Penry as a psychopath and manipulator.
'Look at the whole picture, not just the IQ tests. His IQ tests are jumping all over the place,' District Attorney Joe Price told jurors.
Defense attorney John Wright, though, likened Penry to a 6- or 7-year-old. 
If the jury finds Penry competent, a sentencing trial will be held at which he could be resentenced to death or given a life term. The competency hearing was expected to last into next week.
Death penalty opponents point to Penry, who says he believes in Santa Claus and likes coloring books, as a reason why Texas should prohibit executions of the mentally retarded. Gov. Rick Perry vetoed a bill approved by the Legislature last year to ban such punishment.
Dr. Sheila Reed, a psychologist at Vernon State Hospital hired by the defense, testified Wednesday that her assessments showed Penry is mildly retarded and suffers from brain damage.
Penry's IQ has been measured as high as 63, seven points below the threshold set by the Supreme Court for retardation.


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