Death Penalty and Mental Illness

How Do I Explain to my Six Year-Old Son What Kind of a Society Plans to Execute an Intellectually Disabled Man? [UPDATED]

By Brian Stull, ACLU Capital Punishment Project at 12:09pm

Breaking Update, 2:30pm, February 14th: State doctors reversed an earlier finding and officially declared today that Warren Hill has mild mental retardation, placing Mr. Hill in the category of citizens protected from capital punishment by the 2002 United States Supreme Court decision Atkins v. Virginia. Mr. Hill's execution, scheduled for February 19th, must be stayed.

New Film Highlights the Gross Injustices of the West Memphis Three Case

By Anna Arceneaux, Staff Attorney, ACLU Capital Punishment Project at 3:44pm

In June 1993, Damien Echols, 18, Jason Baldwin, 16, and Jessie Misskelley, 17, who would come to be known as the “West Memphis Three,” were wrongfully arrested for the murders of three young boys in the small Arkansas town of West Memphis, just across the Tennessee border.

You may be familiar with HBO’s Paradise Lost three-part series on the case, which helped expose the gross injustices that led to the convictions against these three young men – and a death sentence against Damien – for crimes they did not commit. Now, a new, powerful documentary,West of Memphis, tells the story from the defense team’s perspective as the prosecution’s case against the three teenagers unravels.

Update: Intellectually Disabled Georgia Man Faces Monday Execution if Supreme Court Does Not Step In

By Brian Stull, ACLU Capital Punishment Project at 11:47am

Georgia stands poised to execute Warren Hill on Monday even though a Georgia court affirmed yesterday that Hill has an IQ of only 70.

A Tale of Three States: Executing the Mentally Disabled

By Brian Stull, ACLU Capital Punishment Project at 3:54pm

Georgia: On Monday, the State of Georgia stands ready to strap Warren Hill to a gurney, place IV lines in his arms, and pump his body with poison until he dies.  Warren Hill has an IQ of 70, and is intellectually disabled (mentally retarded).  That was the finding of a Georgia trial judge who held a hearing and looked at the relevant evidence – applying United States Supreme Court precedent barring execution of the intellectually disabled under the Eighth Amendment to the U.S. Constitution, the court ruled that Hill could not be executed.

Ohio Governor John Kasich Stops Second Consecutive Execution

By Mike Brickner, ACLU of Ohio at 4:44pm

In the second time in as many months, Governor John Kasich has intervened to stop an execution. Today, he commuted John Jeffrey Eley’s sentence to life without the possibility of parole. Eley was scheduled to be executed on July 26.

Killing the Mentally Ill

By Denny LeBoeuf, Capital Punishment Project at 4:00pm

Reading today’s editorial in the New York Times led me to ask: when will our country finally stop the execution of the severely mentally ill?

The editorial rightly praises Ohio Gov. John Kasich, who on Tuesday provided at least a temporary stay of execution for death-sentenced prisoner Abdul Awkal, who was scheduled to be killed on Wednesday. 

Too Crazy to Kill

By Denny LeBoeuf, Capital Punishment Project at 11:58am

Unless Edwin Hart Turner gets clemency from the governor or a last-minute stay, he will be executed on February 8 by the state of Mississippi.

Turner murdered two men in botched hold-ups. His attorneys do not claim that he is innocent of their murders, and no one can diminish the tragic loss to two families. But executing Turner should be off the table: he is severely mentally ill, and it violates the Constitutional prohibition against cruel and unusual punishment and international human rights law to execute the mentally ill. Virtually every mainstream organization representing mental health experts and families of the mentally ill says so, and the American Bar Association (which does not take a position on the death penalty itself) agrees.

Act Now to Save a Virginia Woman on Death Row

By Brian Stull, ACLU Capital Punishment Project at 4:12pm

Teresa Lewis has an IQ of 72. In 2003, she pled guilty to two counts of murder in Virginia. The victims were her husband and his adult son. Immediately after the crime, she told police that another man, Matthew Shallenberger, masterminded the killings by seducing Teresa and convincing her that he should kill her husband so that Teresa could collect life insurance money they could use to “run away” together. Owing to her low intelligence and dependent personality disorder, Teresa was easily manipulated and agreed to the plan. Shallenberger, who was seeing two other women at the time, would later admit that Teresa was exactly what he was looking for and that he seduced her for the life insurance money. Shallenberger had hoped to use the money to fulfill his dream of moving to New York to become a hit man for the mob. Despite his dominant role in the crime and Teresa’s more limited role, Shallenberger received a sentence of life in prison, while Teresa was sentenced to death.

Capital Punishment Project Staff Highlighted in Law Review Article

By Christopher Hill, Capital Punishment Project at 4:50pm

A recent article in the Tennessee Law Review (subscription required) highlights the work done by the ACLU Capital Punishment Project in their representation of Richard Taylor, a severely mentally illness death-row inmate in Tennessee. The article, "Effective Capital Defense Representation And The Difficult Client," was written by Bradley McClean, who once represented Taylor. McClean writes:

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