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Post by sclcookie on May 29, 2006 1:20:30 GMT -5
Attorneys for death row inmate file for clemency
Attorneys for a death row inmate set to be executed for the murder of 3 neighbors have filed a clemency petition with Gov. Timothy M. Kaine, arguing their client is mentally retarded and insane.
Percy Walton, 27, is scheduled to be put to death June 8 for the 1996 slayings of Jesse Kendrick, Elizabeth Kendrick and Archie Moore in Danville. Police said the victims were robbed and then shot in the head.
The clemency request, filed Tuesday, is being reviewed by Kaine's chief legal counsel before it is presented to the governor, Kaine spokesman Kevin Hall said Thursday.
"It will be considered with the seriousness and deliberation it deserves," Hall said.
Walton's mental state has been debated since his trial. A government evaluator once described him as "floridly psychotic."
3 days before Walton was to be put to death in May 2003, defense lawyers won a temporary stay, pointing out that his IQ scores had dropped from 90 in 1996 to 77 the next year to 66 in May 2003. IQ scores below 70 are generally considered in the realm of mental retardation.
In March, the 4th U.S. Circuit Court of Appeals ruled 7-6 to affirm a decision by the U.S. District Court in Roanoke that denied claims that Walton is mentally retarded and insane.
Walton's attorneys did not immediately return calls seeking comment.
(source: Associated Press)
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