NEWS: Gov. Perry Vetoes Bill Banning the Execution of Retarded Killers

["Comitato Paul Rougeau (RM)" <prougeau@tin.it>]

CARI AMICI, COME VEDETE IL NUOVO GOVERNATORE DEL TEXAS RICK PERRY HA
BLOCCATO CON IL SUO VETO LA LEGGE APPROVATA DAL PARLAMENTO CHE ESENTAVA I
MINORATI MENTALI DALLA PENA DI MORTE.
L'HON. PERRY- CHE PURE SI E' DIMOSTRATO MOLTO PIU' APERTO DEL SUO
PREDECESSORE BUSH - HA CAUSATO UN'ALTRA AMARA SCONFITTA PER IL MOVIMENTO
ABOLIZIONISTA E PER IL PROGRESSO DELLA CIVILTA'.
G.

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June 17, 2001, 15:33 EDT

By Natalie Gott, Associated Press Writer


Governor Perry Vetoes Bill Banning the Execution of  Retarded Killers



AUSTIN, Texas (AP) -- Texas Gov. Rick Perry on Sunday vetoed a bill to
ban the execution of mentally retarded death row inmates, saying the
state already has numerous safeguards in place to protect such inmates.

"This legislation is not about whether to execute mentally retarded
murderers.  We do not execute mentally retarded murderers today.   It is
about who determines whether a defendant is mentally retarded in the
Texas justice system," Perry said at a news conference.

The veto came on the last day he could sign or veto bills before they
came law without his signature.

The bill was one of the most contentious for Perry in his first term as
governor.

Supporters of the bill, who held numerous news conferences to drum up
support for the bill, said the ban was an issue of humanity.

Crime victims joined prosecutors in pleading for the veto, saying a ban
would open the door for unprecedented, and unwarranted, appeals.

The bill would have allowed the jury to determine during the trial's
punishment phase whether a defendant is mentally retarded.  If so, the
person would have been sentenced to life in prison.

If the jury determined the person was not mentally retarded, a defense
attorney would have been able to petition the judge to consider the
issue and two experts would have been assigned to make a determination.

If the evidence had shown the defendant was mentally retarded, the judge
would have been required to issue a life in prison sentence.

Existing law takes into account whether a defendant is competent to
stand trial, including whether the defendant can aid his own defense,
and whether a defendant was insane, unable to distinguish right from
wrong, when the crime was committed.

Prosecutors say those factors, and the fact that a jury can consider
retardation as a mitigating circumstance during sentencing, are
sufficient.

Fifteen other states have bills banning execution of the mentally
retarded.  Florida Gov. Jeb Bush signed the Florida bill last week.

Texas is the country's No. 1 death penalty state.   Eight people have
been executed so far this year, 247 since 1982.

Ellis has said that the state has executed six mentally retarded people
since the death penalty resumed.  Perry has disputed that, saying no
mentally retarded people have been executed.

Perry has said that he wanted to wait for a U.S. Supreme Court ruling on
the issue, expected this fall.  The high court is expected to rule on a
North Carolina case that could outlaw executions of retarded killers.

In that case, Ernest McCarver, described by his lawyer as having the
mind of a 10-year-old, was sentenced to death for the 1987 murder of a
71-year-old cafeteria worker who had befriended him.

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