Post by sclcookie on Jun 3, 2006 14:41:04 GMT -5
Testimony ends in hearing on man's death row status
A decision on whether convicted capital murderer David Lee Lewis will
escape the death penalty on a mental retardation claim rests in the hands
of a judge, after a court hearing that ended Friday.
Lewis, 41, was sentenced to die for the Nov. 30, 1986, shooting death of
74-year-old Myrtle Ruby as she confronted him during a robbery, Angelina
County District Attorney Clyde Herrington said earlier.
Attorneys for Lewis argue he is retarded, making the enforcement of a
death sentence illegal under the Supreme Court's 2002 ruling abolishing
the execution of the mentally disabled as cruel and unusual punishment.
The case Friday included lengthy testimony on his abused childhood, school
records and a GED earned in prison.
An alcoholic mother and unstable childhood contributed to his
developmental problems, according to the defense. But once out of the
environment Lewis showed improvement, proving he was disadvantaged, not
retarded, the prosecution countered.
Herrington objected to what he said was defense attorney Daralynn Recer's
badgering of witnesses, confirmed by state District Judge David Wilson,
who heard the case. Wilson denied Recer's objection to what she said was
the court's refusal to allow time for defense response to testimony,
including what she said were illegally obtained records.
Watching the trial was Lewis' German pen-pal girlfriend, Michaela Zenker,
a journalist in her home country. While the two are not married, they are
a couple, Zenker said, waving to him and blowing kisses as Sheriff Kent
Henson and deputy escorted Lewis in shackles from the courthouse.
The two met through Amnesty International two years ago, and have become
close through letters, Zenker said. While the two have never touched, she
flies over for visits through prison glass, she said.
Zenker had strong criticism for America, describing an aversion to the
death penalty.
"We are Christians, too, in Germany. We believe Jesus Christ died for our
sins," Zenker said in heavily-accented English. "George Bush is not the
judge."
It wasn't right to kill, especially not a retarded person, she said. And
there are innocent put to death, with poor DNA evidence, she added. In a
land where O.J. Simpson goes free, the American system punishes the poor
and caters to the rich, she charged.
Germany, with its rehabilitative care, was better, she said. Her country
had no serial killers, and the few "bad boys" were treated, not killed,
she said.
Zenker seemed to gloss over recent history, including the German media
flurry in 2002 over confessed cannibal Armin Meiwes, who killed and ate a
man he met on the Internet. A search of online databases details a number
of German serial killers since 1900.
"David is not violent. He really regrets this. He lives with it every
day," Zenker said of Ruby's death.
19 years on death row - with no TV, no visitor contact and poor food -
were punishment enough for Lewis, whose childlike mentality does not allow
him to understand what is happening, she said.
"He has paid. He has paid," Zenker said.
Wilson is expected to make a ruling after lawyers for both sides file
briefs for his consideration in several weeks.
(source : Lufkin Daily News)
A decision on whether convicted capital murderer David Lee Lewis will
escape the death penalty on a mental retardation claim rests in the hands
of a judge, after a court hearing that ended Friday.
Lewis, 41, was sentenced to die for the Nov. 30, 1986, shooting death of
74-year-old Myrtle Ruby as she confronted him during a robbery, Angelina
County District Attorney Clyde Herrington said earlier.
Attorneys for Lewis argue he is retarded, making the enforcement of a
death sentence illegal under the Supreme Court's 2002 ruling abolishing
the execution of the mentally disabled as cruel and unusual punishment.
The case Friday included lengthy testimony on his abused childhood, school
records and a GED earned in prison.
An alcoholic mother and unstable childhood contributed to his
developmental problems, according to the defense. But once out of the
environment Lewis showed improvement, proving he was disadvantaged, not
retarded, the prosecution countered.
Herrington objected to what he said was defense attorney Daralynn Recer's
badgering of witnesses, confirmed by state District Judge David Wilson,
who heard the case. Wilson denied Recer's objection to what she said was
the court's refusal to allow time for defense response to testimony,
including what she said were illegally obtained records.
Watching the trial was Lewis' German pen-pal girlfriend, Michaela Zenker,
a journalist in her home country. While the two are not married, they are
a couple, Zenker said, waving to him and blowing kisses as Sheriff Kent
Henson and deputy escorted Lewis in shackles from the courthouse.
The two met through Amnesty International two years ago, and have become
close through letters, Zenker said. While the two have never touched, she
flies over for visits through prison glass, she said.
Zenker had strong criticism for America, describing an aversion to the
death penalty.
"We are Christians, too, in Germany. We believe Jesus Christ died for our
sins," Zenker said in heavily-accented English. "George Bush is not the
judge."
It wasn't right to kill, especially not a retarded person, she said. And
there are innocent put to death, with poor DNA evidence, she added. In a
land where O.J. Simpson goes free, the American system punishes the poor
and caters to the rich, she charged.
Germany, with its rehabilitative care, was better, she said. Her country
had no serial killers, and the few "bad boys" were treated, not killed,
she said.
Zenker seemed to gloss over recent history, including the German media
flurry in 2002 over confessed cannibal Armin Meiwes, who killed and ate a
man he met on the Internet. A search of online databases details a number
of German serial killers since 1900.
"David is not violent. He really regrets this. He lives with it every
day," Zenker said of Ruby's death.
19 years on death row - with no TV, no visitor contact and poor food -
were punishment enough for Lewis, whose childlike mentality does not allow
him to understand what is happening, she said.
"He has paid. He has paid," Zenker said.
Wilson is expected to make a ruling after lawyers for both sides file
briefs for his consideration in several weeks.
(source : Lufkin Daily News)