Post by Anja on Jun 9, 2006 12:23:35 GMT -5
Walton's execution DELAYED
Less than 2 hours before Percy Walton was to be put to death by injection
for the 1996 murder of 3 Danville neighbors, Gov. Timothy M. Kaine
postponed the execution.
Kaine postponed the execution until Dec. 8 "for the purpose of conducting
an independent evaluation of his mental condition and competence,"
according to a press release issued by his office. The governor's decision
came immediately after the U.S. Supreme Court refused to intervene in the
case. Walton's lawyers had filed a clemency petition with the governor.
Walton, who was moved to the Greensville Correctional Center earlier this
week, was immediately returned to death row at Sussex I State Prison in
Waverly.
Thursday marked the 2nd time in three years that Walton's scheduled
execution was not carried out. On May 25, 2003, U.S. District Judge Samuel
G. Wilson granted a stay to Walton's execution to allow medical experts to
investigate new information that supported Walton being both mentally
retarded and schizophrenic.
On Oct. 7, 1997, Walton pleaded guilty to 3 counts of murder in the
commission of robbery, 1 count of car theft and 6 firearms charges in the
deaths of Jessie and Elizabeth Kendrick, a couple in their 80s, and Archie
Moore, 33. The Kendricks were found 2 days before Thanksgiving 1996. Moore
was found on Thanksgiving Day. All had been shot in the head.
On Oct. 31, 1997, Walton was sentenced to death for the murders.
For the past several years, Walton's mental state has been debated in
court. The most recent IQ score for Walton - 66 - was obtained in 2003
from a test administered by the Department of Corrections. Individuals
with scores below 70 are considered mentally retarded.
The Supreme Court banned the execution of mentally retarded people in
2002, but Wilson ruled that Walton did not meet Virginia's definition of
mental retardation, which requires proof of age of onset prior to 18.
Walton's lawyers also say that he is schizophrenic. A 1986 Supreme Court
decision banned the execution of the insane.
While Walton's lawyers say that his schizophrenia has rendered him
incapable of understanding his death, Wilson ruled on March 4, 2004, that
he understood both those issues. In March of this year, a federal appeals
court in Richmond agreed with him.
Danville Commonwealth's Attorney William Fuller declined to comment on
Kaine's decision Thursday night, saying "I'd like to think about it," and
that he was busy delivering the news to family members. But in an e-mail
to The Associated Press this week, he said, "there was absolutely no
evidence" presented during Walton's trial that he was mentally retarded or
mentally ill.
A federal judge in Norfolk issued a temporary stay Wednesday afternoon
concerning Walton's questioning of the constitutionality of Virginia's
method of carrying out lethal injections. It was quickly appealed by the
Attorney General's Office. The 4th U.S. Circuit Court of Appeals lifted
the stay.
He did not have a last visit on Thursday.
(source: Danville Register Bee)
Less than 2 hours before Percy Walton was to be put to death by injection
for the 1996 murder of 3 Danville neighbors, Gov. Timothy M. Kaine
postponed the execution.
Kaine postponed the execution until Dec. 8 "for the purpose of conducting
an independent evaluation of his mental condition and competence,"
according to a press release issued by his office. The governor's decision
came immediately after the U.S. Supreme Court refused to intervene in the
case. Walton's lawyers had filed a clemency petition with the governor.
Walton, who was moved to the Greensville Correctional Center earlier this
week, was immediately returned to death row at Sussex I State Prison in
Waverly.
Thursday marked the 2nd time in three years that Walton's scheduled
execution was not carried out. On May 25, 2003, U.S. District Judge Samuel
G. Wilson granted a stay to Walton's execution to allow medical experts to
investigate new information that supported Walton being both mentally
retarded and schizophrenic.
On Oct. 7, 1997, Walton pleaded guilty to 3 counts of murder in the
commission of robbery, 1 count of car theft and 6 firearms charges in the
deaths of Jessie and Elizabeth Kendrick, a couple in their 80s, and Archie
Moore, 33. The Kendricks were found 2 days before Thanksgiving 1996. Moore
was found on Thanksgiving Day. All had been shot in the head.
On Oct. 31, 1997, Walton was sentenced to death for the murders.
For the past several years, Walton's mental state has been debated in
court. The most recent IQ score for Walton - 66 - was obtained in 2003
from a test administered by the Department of Corrections. Individuals
with scores below 70 are considered mentally retarded.
The Supreme Court banned the execution of mentally retarded people in
2002, but Wilson ruled that Walton did not meet Virginia's definition of
mental retardation, which requires proof of age of onset prior to 18.
Walton's lawyers also say that he is schizophrenic. A 1986 Supreme Court
decision banned the execution of the insane.
While Walton's lawyers say that his schizophrenia has rendered him
incapable of understanding his death, Wilson ruled on March 4, 2004, that
he understood both those issues. In March of this year, a federal appeals
court in Richmond agreed with him.
Danville Commonwealth's Attorney William Fuller declined to comment on
Kaine's decision Thursday night, saying "I'd like to think about it," and
that he was busy delivering the news to family members. But in an e-mail
to The Associated Press this week, he said, "there was absolutely no
evidence" presented during Walton's trial that he was mentally retarded or
mentally ill.
A federal judge in Norfolk issued a temporary stay Wednesday afternoon
concerning Walton's questioning of the constitutionality of Virginia's
method of carrying out lethal injections. It was quickly appealed by the
Attorney General's Office. The 4th U.S. Circuit Court of Appeals lifted
the stay.
He did not have a last visit on Thursday.
(source: Danville Register Bee)