Post by SoulTrainOz on Jul 9, 2006 22:31:09 GMT -5
fitness claim
By Tommy Withersthingy, Waco Tribune-Herald
The Texas Court of Criminal Appeals has ordered a Waco state district court to determine within 90 days if there is evidence to support death row inmate Ramiro Rubi Ibarra's claim that he is mentally retarded.
Ibarra, a 52-year-old Mexican citizen, was convicted in Waco in 1997 in the 1987 sexual assault and strangulation death of Waco teenager Maria Zuniga.
Since his conviction, Ibarra has raised two issues on appeal that were not presented during his trial in Waco's 54th State District Court but have since garnered close scrutiny by the nation's highest courts - the execution of mentally retarded inmates and access to consulates by Mexicans on death row.
The Texas Court of Criminal Appeals rejected Ibarra's original appeal in October 1998, and the U.S. Supreme Court refused to consider his appeal two years later.
Since that time, Austin attorney Russ Hunt Jr., who was appointed to handle Ibarra's federal appeal, filed notices with state and federal appeals courts that there is evidence the former construction worker may be mentally retarded.
The U.S. Supreme Court has ruled that mentally retarded inmates are not eligible for the death penalty.
In an order dated June 30, the Court of Criminal Appeals in Austin instructs 54th State District Judge George Allen to conduct a hearing to determine Ibarra's mental status.
"By written order dated November 10, 2004, this court remanded the case to the convicting court to resolve the allegations raised," the court's order says. "It has now been more than one year and seven months, and the case has not been resolved and returned to this court."
Allen has set a hearing in the case for July 18.
A psychologist has determined that Ibarra has an IQ of about 65, about five points lower than the accepted standard for mental retardation, Hunt said.
Ralph Strother, who served with Enid Wade as special prosecutor in Ibarra's case after McLennan County District Attorney John Segrest recused his office, said Ibarra's claims of retardation are just an appellate ploy.
"He was smart enough for about 10 years to get away with cold-blooded rape and murder, and he was smart enough for many years to get away with the aggravated sexual assault of a boy over in Bell County, so I'd say there is nothing wrong with his mind, other than being a criminal who needs to be brought to justice," Strother said.
Ibarra was arrested on the day Zuniga's body was found at her South 17th Street residence. Waco police got a search warrant for hair and blood samples from Ibarra but did not obtain the warrant from a judge with the authority to issue it.
Segrest, in private practice at the time, represented Ibarra and got the improper search warrant thrown out and won Ibarra's release. Ibarra remained free until a 1995 law change that allowed police to obtain more than one evidentiary search warrant per case. By that time, Segrest was district attorney.
Taking advantage of the law change, police found enough evidence to tie Ibarra to the crime and to put him on death row.
Ibarra also is serving a life prison term for sexually assaulting his nephew in Bell County.
Allen said the matter has remained in his court while waiting on U.S. Supreme Court and other appellate court rulings on the related issues.
Strother, who is now 19th State District judge, is no longer involved with the case. Wade said Friday that she has been in contact with the attorney general's office about the case and has been working to line up a status hearing in the case to determine which issues need to be resolved.
Two weeks ago, the U.S. Supreme Court severely limited the claims by Ibarra and about 49 other Mexican death row inmates that they deserve new trials because they were not allowed to contact the Mexican Consulate after their arrests.
Because of that ruling, Ibarra's only remaining claim to be resolved by the trial court is his allegation of mental retardation, Wade said.
Source : Waco Tribune-Herald
www.wacotrib.com/news/content/news/stories/2006/07/08/07082006wacibar
By Tommy Withersthingy, Waco Tribune-Herald
The Texas Court of Criminal Appeals has ordered a Waco state district court to determine within 90 days if there is evidence to support death row inmate Ramiro Rubi Ibarra's claim that he is mentally retarded.
Ibarra, a 52-year-old Mexican citizen, was convicted in Waco in 1997 in the 1987 sexual assault and strangulation death of Waco teenager Maria Zuniga.
Since his conviction, Ibarra has raised two issues on appeal that were not presented during his trial in Waco's 54th State District Court but have since garnered close scrutiny by the nation's highest courts - the execution of mentally retarded inmates and access to consulates by Mexicans on death row.
The Texas Court of Criminal Appeals rejected Ibarra's original appeal in October 1998, and the U.S. Supreme Court refused to consider his appeal two years later.
Since that time, Austin attorney Russ Hunt Jr., who was appointed to handle Ibarra's federal appeal, filed notices with state and federal appeals courts that there is evidence the former construction worker may be mentally retarded.
The U.S. Supreme Court has ruled that mentally retarded inmates are not eligible for the death penalty.
In an order dated June 30, the Court of Criminal Appeals in Austin instructs 54th State District Judge George Allen to conduct a hearing to determine Ibarra's mental status.
"By written order dated November 10, 2004, this court remanded the case to the convicting court to resolve the allegations raised," the court's order says. "It has now been more than one year and seven months, and the case has not been resolved and returned to this court."
Allen has set a hearing in the case for July 18.
A psychologist has determined that Ibarra has an IQ of about 65, about five points lower than the accepted standard for mental retardation, Hunt said.
Ralph Strother, who served with Enid Wade as special prosecutor in Ibarra's case after McLennan County District Attorney John Segrest recused his office, said Ibarra's claims of retardation are just an appellate ploy.
"He was smart enough for about 10 years to get away with cold-blooded rape and murder, and he was smart enough for many years to get away with the aggravated sexual assault of a boy over in Bell County, so I'd say there is nothing wrong with his mind, other than being a criminal who needs to be brought to justice," Strother said.
Ibarra was arrested on the day Zuniga's body was found at her South 17th Street residence. Waco police got a search warrant for hair and blood samples from Ibarra but did not obtain the warrant from a judge with the authority to issue it.
Segrest, in private practice at the time, represented Ibarra and got the improper search warrant thrown out and won Ibarra's release. Ibarra remained free until a 1995 law change that allowed police to obtain more than one evidentiary search warrant per case. By that time, Segrest was district attorney.
Taking advantage of the law change, police found enough evidence to tie Ibarra to the crime and to put him on death row.
Ibarra also is serving a life prison term for sexually assaulting his nephew in Bell County.
Allen said the matter has remained in his court while waiting on U.S. Supreme Court and other appellate court rulings on the related issues.
Strother, who is now 19th State District judge, is no longer involved with the case. Wade said Friday that she has been in contact with the attorney general's office about the case and has been working to line up a status hearing in the case to determine which issues need to be resolved.
Two weeks ago, the U.S. Supreme Court severely limited the claims by Ibarra and about 49 other Mexican death row inmates that they deserve new trials because they were not allowed to contact the Mexican Consulate after their arrests.
Because of that ruling, Ibarra's only remaining claim to be resolved by the trial court is his allegation of mental retardation, Wade said.
Source : Waco Tribune-Herald
www.wacotrib.com/news/content/news/stories/2006/07/08/07082006wacibar