Post by sclcookie on Jun 7, 2006 1:36:39 GMT -5
Kaine receives clemency petition----Condemned killer asks governor for
mercy, citing mental illness
Gov. Timothy M. Kaine could stop the execution of Percy Levar Walton on
Thursday night, but history does not appear to favor Walton.
He is set to die by injection for the 1996 slayings of 3 Danville
residents, Jessie and Elizabeth Kendrick and Archie D. Moore Jr.
Walton, 27, is seeking clemency from Kaine on the grounds he is mentally
ill and mentally retarded.
Mental illness has been cited as the reason for mercy in two of 229 grants
of clemency issued condemned killers across the country during the past 30
years, according to records of the Death Penalty Information Center.
1 of those 2 cases was in Virginia. In 1999, Gov. Jim Gilmore commuted the
death sentence of Calvin Swann to life in prison without parole.
Swann's case was also prosecuted by Danville Commonwealth's Attorney
William H. Fuller III, who had said that if life without parole had been
available when Swann was prosecuted, he might not have sought the death
penalty against him.
In commuting Swann's death sentence, Gilmore said an important factor in
such decisions is the prosecutor's position on the matter.
Yesterday, Fuller, in a written response to an inquiry from The
Times-Dispatch, said he believes Walton should be executed. He pointed out
differences between the Swann and Walton cases:
"When I prosecuted Percy Walton, there was absolutely no evidence
presented that in any way indicated Walton was mentally retarded or
mentally ill. He had no history of mental illness or hospitalization. . .
. On the other hand, the punishment phase of Swann's trial was dominated
by evidence of Swann's medical records, which spanned over 25 years."
Dr. Mark J. Mills, a forensic psychiatrist appointed by a judge to
evaluate Walton, found that he was competent to be executed. In contrast,
noted Fuller, Mills found that Swann did not meet the competency standard
to be executed.
While a judge has found that Walton is suffering from a mental disorder,
likely schizophrenia, the courts have found he is competent to be executed
because he understands he will die for his crimes. No court has found him
to be retarded. The U.S. Supreme Court has barred the execution of
retarded people.
Walton's lawyers say every medical professional who has tested Walton for
schizophrenia has concluded that he suffers from a severe form of the
disease.
They say that although a court-appointed psychologist recommended Walton
be hospitalized for a complete evaluation before his trial, it was not
done and no competency hearing was held. Walton pleaded guilty to the
murders.
An appeals court noted that experts had found Walton competent to stand
trial. The court said that Walton's lawyers decided against using a mental
incompetence strategy at trial.
Walton's lawyers said evidence shows that although he may know he will die
as a result of his crimes, he does not understand what death means. They
also asked the U.S. Supreme Court and a lower federal court to intervene.
This is the 2nd time Kaine has received a clemency petition from an inmate
facing execution. In April, Kaine, who opposes the death penalty on
religious grounds, did not stop the execution of Dexter Lee Vinson.
(source: Richmond Times-Dispatch)
mercy, citing mental illness
Gov. Timothy M. Kaine could stop the execution of Percy Levar Walton on
Thursday night, but history does not appear to favor Walton.
He is set to die by injection for the 1996 slayings of 3 Danville
residents, Jessie and Elizabeth Kendrick and Archie D. Moore Jr.
Walton, 27, is seeking clemency from Kaine on the grounds he is mentally
ill and mentally retarded.
Mental illness has been cited as the reason for mercy in two of 229 grants
of clemency issued condemned killers across the country during the past 30
years, according to records of the Death Penalty Information Center.
1 of those 2 cases was in Virginia. In 1999, Gov. Jim Gilmore commuted the
death sentence of Calvin Swann to life in prison without parole.
Swann's case was also prosecuted by Danville Commonwealth's Attorney
William H. Fuller III, who had said that if life without parole had been
available when Swann was prosecuted, he might not have sought the death
penalty against him.
In commuting Swann's death sentence, Gilmore said an important factor in
such decisions is the prosecutor's position on the matter.
Yesterday, Fuller, in a written response to an inquiry from The
Times-Dispatch, said he believes Walton should be executed. He pointed out
differences between the Swann and Walton cases:
"When I prosecuted Percy Walton, there was absolutely no evidence
presented that in any way indicated Walton was mentally retarded or
mentally ill. He had no history of mental illness or hospitalization. . .
. On the other hand, the punishment phase of Swann's trial was dominated
by evidence of Swann's medical records, which spanned over 25 years."
Dr. Mark J. Mills, a forensic psychiatrist appointed by a judge to
evaluate Walton, found that he was competent to be executed. In contrast,
noted Fuller, Mills found that Swann did not meet the competency standard
to be executed.
While a judge has found that Walton is suffering from a mental disorder,
likely schizophrenia, the courts have found he is competent to be executed
because he understands he will die for his crimes. No court has found him
to be retarded. The U.S. Supreme Court has barred the execution of
retarded people.
Walton's lawyers say every medical professional who has tested Walton for
schizophrenia has concluded that he suffers from a severe form of the
disease.
They say that although a court-appointed psychologist recommended Walton
be hospitalized for a complete evaluation before his trial, it was not
done and no competency hearing was held. Walton pleaded guilty to the
murders.
An appeals court noted that experts had found Walton competent to stand
trial. The court said that Walton's lawyers decided against using a mental
incompetence strategy at trial.
Walton's lawyers said evidence shows that although he may know he will die
as a result of his crimes, he does not understand what death means. They
also asked the U.S. Supreme Court and a lower federal court to intervene.
This is the 2nd time Kaine has received a clemency petition from an inmate
facing execution. In April, Kaine, who opposes the death penalty on
religious grounds, did not stop the execution of Dexter Lee Vinson.
(source: Richmond Times-Dispatch)