Post by thinkinkmesa on Apr 10, 2008 15:42:11 GMT -5
www.nytimes.com/2008/04/10/us/10death.html?_r=1&scp=1&sq=Death+Sentence+Is+Overturned+in+Ohio&st=nyt&oref=slogin
April 10, 2008
Death Sentence Is Overturned in Ohio
By BOB DRIEHAUS
CINCINNATI — The Ohio Supreme Court on Wednesday overturned the death sentence of a man convicted of murder after concluding that he was mentally retarded.
The court decided 7 to 0 to reverse a lower court ruling that the man, Clifton White, 35, formerly of Akron, was not mentally retarded despite the testimony of psychologists hired by the state and the defense team who said that their diagnosis of mental retardation was “not a close call.”
The justices based their decision on the 2002 United States Supreme Court case Atkins v. Virginia, which banned the execution of anyone deemed mentally retarded, as defined by the American Association on Mental Retardation and the American Psychiatric Association.
On Christmas Eve in 1995, shortly after he had broken up with his girlfriend, Heather Kawczk, Mr. White used a shotgun to kill Ms. Kawczk’s mother, Julie Schrey, and Deborah Thorpe, the mother of Heather Kawczk’s new boyfriend. Mr. White, who is on death row, faces a minimum of 31 years to life in prison and a maximum of 61 years to life when he is re-sentenced.
The psychologists tested and interviewed members of Mr. White’s family and his former girlfriend. They concluded that he had an I.Q. of 52 and the academic skills of a second grader.
They said that his adaptive abilities, including communication, self-care and social skills, were equivalent to an average 11-year-old and that the disabilities existed before he was 18 — a requirement to meet the Supreme Court’s definition of mental retardation — based on school reports and family accounts.
“We thought we presented an abundance of evidence and information to find him to be retarded,” said Kathryn L. Sandford, Mr. White’s lawyer, who said it took her client a moment to understand the news of his reprieve when she called him on Tuesday morning.
Mary Ann Kovach, chief counsel for Summit County, where Mr. White was convicted, said her office was unlikely to appeal.
The lower court had ruled that Mr. White was not mentally retarded based partly on the testimony of Heather Kawczk, who said he worked, rented an apartment, bought a truck and helped her when she bought a car.
Ms. Kawczk said Mr. White could cook, drive, and play the video game “Mortal Kombat” well enough to win half the time.
The Supreme Court cited expert testimony in determining that such abilities did not rule out retardation.
Copyright 2008 The New York Times Company
April 10, 2008
Death Sentence Is Overturned in Ohio
By BOB DRIEHAUS
CINCINNATI — The Ohio Supreme Court on Wednesday overturned the death sentence of a man convicted of murder after concluding that he was mentally retarded.
The court decided 7 to 0 to reverse a lower court ruling that the man, Clifton White, 35, formerly of Akron, was not mentally retarded despite the testimony of psychologists hired by the state and the defense team who said that their diagnosis of mental retardation was “not a close call.”
The justices based their decision on the 2002 United States Supreme Court case Atkins v. Virginia, which banned the execution of anyone deemed mentally retarded, as defined by the American Association on Mental Retardation and the American Psychiatric Association.
On Christmas Eve in 1995, shortly after he had broken up with his girlfriend, Heather Kawczk, Mr. White used a shotgun to kill Ms. Kawczk’s mother, Julie Schrey, and Deborah Thorpe, the mother of Heather Kawczk’s new boyfriend. Mr. White, who is on death row, faces a minimum of 31 years to life in prison and a maximum of 61 years to life when he is re-sentenced.
The psychologists tested and interviewed members of Mr. White’s family and his former girlfriend. They concluded that he had an I.Q. of 52 and the academic skills of a second grader.
They said that his adaptive abilities, including communication, self-care and social skills, were equivalent to an average 11-year-old and that the disabilities existed before he was 18 — a requirement to meet the Supreme Court’s definition of mental retardation — based on school reports and family accounts.
“We thought we presented an abundance of evidence and information to find him to be retarded,” said Kathryn L. Sandford, Mr. White’s lawyer, who said it took her client a moment to understand the news of his reprieve when she called him on Tuesday morning.
Mary Ann Kovach, chief counsel for Summit County, where Mr. White was convicted, said her office was unlikely to appeal.
The lower court had ruled that Mr. White was not mentally retarded based partly on the testimony of Heather Kawczk, who said he worked, rented an apartment, bought a truck and helped her when she bought a car.
Ms. Kawczk said Mr. White could cook, drive, and play the video game “Mortal Kombat” well enough to win half the time.
The Supreme Court cited expert testimony in determining that such abilities did not rule out retardation.
Copyright 2008 The New York Times Company