Post by Anja on Jun 9, 2006 15:26:34 GMT -5
Kaine statement----From the governor's office
STATEMENT OF GOVERNOR TIMOTHY M. KAINE
"On the scheduled execution of Percy Levar Walton"
In Richmond, Governor Timothy M. Kaine issued the following statement on
the scheduled execution of Percy Levar Walton by the Commonwealth of
Virginia:
"Percy Levar Walton was convicted of the murders of Jessie E. Kendrick,
Elizabeth W. Kendrick, and Archie D. Moore, Jr. between November 19 and
28, 1996. He killed these 3 innocent people in their homes - where people
should feel most secure from acts of violence. Mr. Walton admitted that he
committed these horrific crimes and, after pleading guilty, was sentenced
to death.
"Given the nature of these crimes, I have no reason to question the
prosecutor's decision to seek the death penalty or the judge's decision
that death was an appropriate sentence. In addition to the death sentence,
Walton was sentenced to life sentences for each of 3 robbery convictions,
10 years for burglary, and 3 years for each of 6 firearms convictions.
"State and federal courts have consistently upheld Walton's convictions.
However, courts considering his death sentence have struggled with the
question of whether his mental capacity imposes a bar to his execution.
"It is unconstitutional to execute a person who is mentally incompetent.
The U.S. Supreme Court has held that a person must have sufficient mental
capacity to understand the punishment he is about to suffer, and why he is
to suffer it.
"A few days before Walton's scheduled execution date of May 28, 2003, the
U.S. District Court for the Western District of Virginia granted Walton a
stay of execution in order to determine Walton's mental competence. In
July 2003, following extensive submission of evidence about Walton's
mental state from 1997 through 2003, the court ruled that he was competent
to be executed. A 3-judge panel of appellate judges of the United States
Court of Appeals for the Fourth Circuit vacated the lower court ruling,
directing a broader inquiry into Walton's mental state. Before that
inquiry took place, the entire court reconsidered the panel's decision in
an en banc review. The en banc Court found Walton competent to be executed
by a narrow 7-6 majority.
"In issuing its ruling, the Fourth Circuit properly limited its
consideration to the evidence before it regarding Walton's mental state as
of 2003. However, 3 years have passed since the evidence was presented.
Walton's clemency petition presents significant information suggesting
that he has schizophrenia, that such a mental illness can cause serious
deterioration of mental competence, and that there is more than a minimal
chance that Walton no longer knows why he is to be executed or is even
aware of the punishment he is about to receive. Due to the history of
judicial concern about his mental status, the claims in Walton's clemency
petition are entitled to serious consideration.
"In order to comply with the law forbidding execution of a mentally
incompetent person and to insure just application of Virginia's capital
punishment statute, it is important to have current and independent
information about Walton's mental condition. It would be imprudent to
either proceed with the execution or grant clemency without further
review.
"Therefore, I have decided to delay Walton's execution date until December
8, 2006, for the purpose of conducting an independent evaluation of his
mental condition and competence, on terms and conditions prescribed by
this office."
(source: Danville Register Bee)
STATEMENT OF GOVERNOR TIMOTHY M. KAINE
"On the scheduled execution of Percy Levar Walton"
In Richmond, Governor Timothy M. Kaine issued the following statement on
the scheduled execution of Percy Levar Walton by the Commonwealth of
Virginia:
"Percy Levar Walton was convicted of the murders of Jessie E. Kendrick,
Elizabeth W. Kendrick, and Archie D. Moore, Jr. between November 19 and
28, 1996. He killed these 3 innocent people in their homes - where people
should feel most secure from acts of violence. Mr. Walton admitted that he
committed these horrific crimes and, after pleading guilty, was sentenced
to death.
"Given the nature of these crimes, I have no reason to question the
prosecutor's decision to seek the death penalty or the judge's decision
that death was an appropriate sentence. In addition to the death sentence,
Walton was sentenced to life sentences for each of 3 robbery convictions,
10 years for burglary, and 3 years for each of 6 firearms convictions.
"State and federal courts have consistently upheld Walton's convictions.
However, courts considering his death sentence have struggled with the
question of whether his mental capacity imposes a bar to his execution.
"It is unconstitutional to execute a person who is mentally incompetent.
The U.S. Supreme Court has held that a person must have sufficient mental
capacity to understand the punishment he is about to suffer, and why he is
to suffer it.
"A few days before Walton's scheduled execution date of May 28, 2003, the
U.S. District Court for the Western District of Virginia granted Walton a
stay of execution in order to determine Walton's mental competence. In
July 2003, following extensive submission of evidence about Walton's
mental state from 1997 through 2003, the court ruled that he was competent
to be executed. A 3-judge panel of appellate judges of the United States
Court of Appeals for the Fourth Circuit vacated the lower court ruling,
directing a broader inquiry into Walton's mental state. Before that
inquiry took place, the entire court reconsidered the panel's decision in
an en banc review. The en banc Court found Walton competent to be executed
by a narrow 7-6 majority.
"In issuing its ruling, the Fourth Circuit properly limited its
consideration to the evidence before it regarding Walton's mental state as
of 2003. However, 3 years have passed since the evidence was presented.
Walton's clemency petition presents significant information suggesting
that he has schizophrenia, that such a mental illness can cause serious
deterioration of mental competence, and that there is more than a minimal
chance that Walton no longer knows why he is to be executed or is even
aware of the punishment he is about to receive. Due to the history of
judicial concern about his mental status, the claims in Walton's clemency
petition are entitled to serious consideration.
"In order to comply with the law forbidding execution of a mentally
incompetent person and to insure just application of Virginia's capital
punishment statute, it is important to have current and independent
information about Walton's mental condition. It would be imprudent to
either proceed with the execution or grant clemency without further
review.
"Therefore, I have decided to delay Walton's execution date until December
8, 2006, for the purpose of conducting an independent evaluation of his
mental condition and competence, on terms and conditions prescribed by
this office."
(source: Danville Register Bee)