From June 12, 2008:
A Courageous Commutation
Mr. Kaine spares the life of a man on death row.
"Timothy M. Kaine (D), a confidant of Barack Obama's and the first governor outside Illinois to endorse the senator's bid for the Democratic presidential nomination, is routinely mentioned as a vice-presidential prospect. Many politicians in his position might bend or suspend principle to keep such prospects alive. But this week, Mr. Kaine commuted the death sentence of a mentally deficient triple killer to life in prison without parole. Under the circumstances, the decision, which could well provide convenient fodder for Republican attack ads in a national campaign, was courageous as well as fair-minded and fact-based.
As a candidate for governor in 2005, Mr. Kaine, a devout Catholic and lifelong opponent of capital punishment, said he would allow executions to proceed as a function of his office in respect of Virginia law. He has been true to his word, permitting five executions to go forward, more than any state except Texas, Oklahoma and Ohio. But the case of Percy L. Walton rightly gave him pause when he first reviewed it in 2006, and it was Mr. Walton's death sentence that the governor commuted on Monday.
There is no doubt about Mr. Walton's guilt, or the brutality of his crime: In 1996, shortly after his 18th birthday, he shot three people at close range, including an elderly couple, Jessie and Elizabeth Kendrick, in the Southside city of Danville. A year later he pleaded guilty to the three murders.
The question of whether he was or remains competent to face execution has prompted the governor's scrutiny. Confronted with abundant evidence -- from the state Department of Corrections and other sources -- that Mr. Walton is mentally retarded, profoundly confused and only dimly aware of his sentence, the governor twice postponed his execution (originally set for June 2006) to allow further evaluation. Before giving the green light, Mr. Kaine wanted to be satisfied that Mr. Walton met the test laid down by the Supreme Court more than two decades ago: that the condemned man is fit for execution only if he understands that he's been sentenced to death and the reason for that sentence.
At his best, Mr. Walton seemed only vaguely aware of his situation. He told one psychiatrist that he expected to have access to a telephone and a job at Burger King after his execution. Over time, experts who assessed Mr. Walton have disagreed on his mental capacity and ability to grasp the fate that awaited him. So have judges. Ruling on his case in 2006, the U.S. Court of Appeals for the Fourth Circuit, perhaps the nation's most conservative federal court, split 7 to 6 in deciding that he was mentally fit to be executed. Since then, there seems little doubt that his condition has deteriorated. Given the Supreme Court standard, it would have been a travesty of justice for Mr. Kaineto permit the state to execute such a man. In commuting his sentence, Mr. Kaine recognized and applied that standard, acting with guts and decency.
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/11/AR2008061103440.html
Showing posts with label Virginia. Show all posts
Showing posts with label Virginia. Show all posts
Tuesday, June 17, 2008
Tuesday, June 10, 2008
Coverage of Walton Commutation
From the Richmond Times-Dispatch ("Triple murderer spared from execution by Kaine," June 10, 2008):
"Gov. Timothy M. Kaine commuted Percy Levar Walton's death sentences to life without parole yesterday, sparing the triple murderer execution by injection tonight.
Though courts have held that Walton could be executed, Kaine said he granted clemency because Walton was not mentally competent. In 2006, Kaine twice delayed Walton's execution over concerns he was mentally ill.
'Given the extended period of time over which Walton has exhibited this lack of mental competence, I must conclude that a commutation of his sentence . . . is now the only constitutionally appropriate course of action,' Kaine said in a prepared statement.
In 1996, Walton murdered Jessie Kendrick, 80, Elizabeth Kendrick, 81, and Archie D. Moore Jr., 33. All three lived near Walton in Danville. Kaine said there was no doubt Walton was guilty of the crimes, and he did not question the decision to seek the death penalty.
'The victims met a fate they did not deserve, and the families of the victims have suffered greatly from the loss of their loved ones,' Kaine said.
Learning of Kaine's decision, Irene Jurscaga, 87, of Suffolk, sister of Elizabeth Kendrick, said, 'I'm very disappointed.' Earlier yesterday, she said she hoped the clemency request would be turned down.
'He killed three people. He killed my dear sister, my brother-in-law. They were innocent people. This has been torture for us for the last 12 years,' she said. 'When he committed this crime . . . he knew what he was doing.'
Kaine said that while Walton may have been sane when he committed the murders, the U.S. Supreme Court has held that the Constitution 'forbids the execution of those who are unaware of the punishment they are about to suffer and why they are to suffer it.'
Virginia Attorney General Bob McDonnell said he respectfully disagrees with Kaine's decision. 'The United States Supreme Court denied Walton's petition in which he argued that he is incompetent and requested that his execution be stayed,' he said.
McDonnell said nothing prevented Walton from bringing evidence of incompetence before the courts. 'Evidence of an inmate's competency is more effectively evaluated by a judicial officer,' McDonnell said.
Kaine, who opposes capital punishment, has let five executions proceed. This was the first time he commuted a death sentence. Governors L. Douglas Wilder, George Allen, Jim Gilmore and Mark R. Warner commuted a total of seven death sentences since executions were allowed to resume in 1976.
Experts have differed on Walton's condition over the years.
In June 2006, Kaine said Walton's clemency petition presented information that Walton had schizophrenia and that his mental state had deteriorated since 2003, the most recent information the courts had to consider at the time in 2006.
'I was compelled to conclude [in 2006] that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence,' he said.
Since then, Kaine said, there has been no improvement. 'One cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it,' Kaine said.
Nash Bilisoly, one of Walton's lawyers, said, 'I think the governor acted appropriately and compassionately in granting the clemency request.'
He said he asked prison authorities to notify Walton, who on Thursday was moved from death row to the Greensville Correctional Center, where executions are conducted.
The news, Bilisoly said, 'won't make any difference to him. He will not know.'
"Gov. Timothy M. Kaine commuted Percy Levar Walton's death sentences to life without parole yesterday, sparing the triple murderer execution by injection tonight.
Though courts have held that Walton could be executed, Kaine said he granted clemency because Walton was not mentally competent. In 2006, Kaine twice delayed Walton's execution over concerns he was mentally ill.
'Given the extended period of time over which Walton has exhibited this lack of mental competence, I must conclude that a commutation of his sentence . . . is now the only constitutionally appropriate course of action,' Kaine said in a prepared statement.
In 1996, Walton murdered Jessie Kendrick, 80, Elizabeth Kendrick, 81, and Archie D. Moore Jr., 33. All three lived near Walton in Danville. Kaine said there was no doubt Walton was guilty of the crimes, and he did not question the decision to seek the death penalty.
'The victims met a fate they did not deserve, and the families of the victims have suffered greatly from the loss of their loved ones,' Kaine said.
Learning of Kaine's decision, Irene Jurscaga, 87, of Suffolk, sister of Elizabeth Kendrick, said, 'I'm very disappointed.' Earlier yesterday, she said she hoped the clemency request would be turned down.
'He killed three people. He killed my dear sister, my brother-in-law. They were innocent people. This has been torture for us for the last 12 years,' she said. 'When he committed this crime . . . he knew what he was doing.'
Kaine said that while Walton may have been sane when he committed the murders, the U.S. Supreme Court has held that the Constitution 'forbids the execution of those who are unaware of the punishment they are about to suffer and why they are to suffer it.'
Virginia Attorney General Bob McDonnell said he respectfully disagrees with Kaine's decision. 'The United States Supreme Court denied Walton's petition in which he argued that he is incompetent and requested that his execution be stayed,' he said.
McDonnell said nothing prevented Walton from bringing evidence of incompetence before the courts. 'Evidence of an inmate's competency is more effectively evaluated by a judicial officer,' McDonnell said.
Kaine, who opposes capital punishment, has let five executions proceed. This was the first time he commuted a death sentence. Governors L. Douglas Wilder, George Allen, Jim Gilmore and Mark R. Warner commuted a total of seven death sentences since executions were allowed to resume in 1976.
Experts have differed on Walton's condition over the years.
In June 2006, Kaine said Walton's clemency petition presented information that Walton had schizophrenia and that his mental state had deteriorated since 2003, the most recent information the courts had to consider at the time in 2006.
'I was compelled to conclude [in 2006] that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence,' he said.
Since then, Kaine said, there has been no improvement. 'One cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it,' Kaine said.
Nash Bilisoly, one of Walton's lawyers, said, 'I think the governor acted appropriately and compassionately in granting the clemency request.'
He said he asked prison authorities to notify Walton, who on Thursday was moved from death row to the Greensville Correctional Center, where executions are conducted.
The news, Bilisoly said, 'won't make any difference to him. He will not know.'
Gov. Kaine Grants Clemency to Percy Walton
After years of wrangling in the courts regarding Percy Levar Walton's competency to be executed, Virginia Governor Tim Kaine has decided to grant clemency to Walton and commute his sentence to life without the possibility of parole.
Here is the Governor's statement in full:
"I have carefully considered over the past 24 months the question of whether the Commonwealth can carry out the execution of Percy Levar Walton in a constitutionally permissible manner.
"There is no doubt that Walton killed three innocent people over a two-week period in November 1996. The victims met a fate they did not deserve and the families of the victims have suffered greatly from the loss of their loved ones. 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.
"The courts have emphasized, however, that it is unconstitutional to execute a person who is mentally incompetent. The late U.S. Supreme Court Justice Lewis F. Powell, Jr. wrote in the seminal case of Ford v. Wainwright, 477 U.S. 399 (1986), that the Eighth Amendment of the U.S. Constitution 'forbids the execution of those who are unaware of the punishment they are about to suffer and why they are to suffer it.' He further concluded that the execution of a mentally incompetent inmate would be a 'uniquely cruel penalty' where the inmate could not comprehend that they are about to die and could not 'prepare, mentally and spiritually' for the execution.
"Thus, the question of Walton's mental status is of the utmost importance in assessing whether the Commonwealth may carry out his death sentence. For this reason, the court system has wrestled with the question of whether Walton's mental capacity imposes a bar to his execution. Notwithstanding consistent decisions upholding his conviction, the courts found it necessary to carefully examine whether Walton's death sentence could be carried out consistent with the U.S. Constitution.
"In this regard, a few days before Walton's initial 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 three-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 psychiatric evaluations and other evidence pertaining to Walton's mental state during the period from 1997 to 2003. By the time I first reviewed this matter, shortly before Walton's scheduled execution in June 2006, three years had passed since the evidence on his mental competence was presented to the court.
"I noted at that time that Walton's clemency petition presented significant evidence that Walton had schizophrenia, that such a mental illness can cause serious deterioration of mental competence, and that Walton's mental state had deteriorated since 2003 such that there was more than a minimal chance that Walton no longer knew why he was to be executed or was even aware of the final punishment he was about to receive. Due to the history of judicial concern about his mental status, I determined that it was important to have current and independent information about Walton's mental condition in order to comply with the law forbidding execution of a mentally incompetent person. Accordingly, I delayed Walton's June 2006 execution date until December 8, 2006, for the purpose of conducting an independent evaluation of his mental condition and competence.
"During that six-month period, I was provided with current and independent information pertaining to Walton's mental state from a number of sources including a thorough review of records maintained by the Department of Corrections, updated evaluations by psychiatrists, and information provided by persons who had interacted with Walton on a regular basis over a period of years.
"After reviewing the information, I was compelled to conclude that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence. Because one could not reasonably conclude that Walton was fully aware of the punishment he was about to suffer and why he was to suffer it, I decided that his execution could not proceed at that time.
"At the same time, it was within the realm of possibility - though unlikely - that Walton's mental impairment was not permanent. As a result, I concluded that a commutation of his sentence was not then appropriate. Rather, continued observation of Walton's condition over a more extended period of time was the appropriate course of action. Accordingly, I delayed his execution date by an additional 18 months, to June 10, 2008.
"Over the course of those 18 months, there has been no discernible improvement in Walton's condition and no evidence that his mental impairment is temporary. Walton differs in fundamental ways from other death row offenders. He lives in a self-imposed state of isolation that includes virtually no interest in receiving or understanding information. Walton communicates only infrequently, almost invariably in response to direct questions, and those responses are minimal in nature. He has nothing in his cell other than a mattress, a pillow and a blanket. He shows no interest in contact with the outside world and has no television, radio, magazines, books or stationery. He has no personal effects of any kind. This minimal existence has been in evidence for the past five years.
"In light of this information, I am again compelled to find that one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it.
"Given the extended period of time over which Walton has exhibited this lack of mental competence, I must conclude that a commutation of his sentence to life in prison without possibility of parole is now the only constitutionally appropriate course of action.
"Although Walton's mental incompetence alone precludes carrying out an execution that would violate the Constitution, there are other factors that I have considered in granting limited clemency. Since Walton's conviction and sentencing, separate Supreme Court decisions have placed limitations on executions that very nearly fit Walton's circumstances.
"The Court has ruled that the Constitution forbids executing an individual who: commits a capital crime under the age of 18 years old; was insane at the time of the capital crime; or is mentally retarded due to intellectual disabilities evidenced before the age of 18.
"In this instance, Walton committed these murders less than two months past his 18th birthday. While he was not insane at the time of his crimes, there are strong indications that his mental illness started prior to the murders. While he scored a 66 on his most recent IQ test, which is below a standard for mental retardation (70 on an IQ test) set by the Supreme Court of Virginia, he appears to have fallen below that standard for mental retardation only after he turned 18 while the relevant legal standard in the Commonwealth requires that retardation be in evidence prior to that age.
"While no one of these additional factors would justify clemency for Walton standing alone, it is appropriate to employ the sound legal practice of considering and weighing the totality of the facts in determining whether to grant limited clemency to Walton.
"In light of the foregoing conclusions and in accordance with the powers granted to me as Governor under Article V, Section 12 of the Constitution of Virginia, I have granted Walton a commutation of his three death sentences to life imprisonment without the possibility of parole."
"In reaching this decision, I remain mindful of the terrible injustice that Walton perpetrated against Jessie E. Kendrick, Elizabeth W. Kendrick, and Archie D. Moore, Jr. My thoughts and prayers are with the families of these honorable people."
***
More information on Percy Walton is available here.
***
The American Bar Association's Recommendation on the Death Penalty and Persons with Mental Disabilities states that "If, after challenges to the validity of the conviction and death sentence have been exhausted and execution has been scheduled, a court finds that a prisoner has a mental disorder or disability that significantly impairs his or her capacity to understand the nature and purpose of the punishment, or to appreciate the reason for its imposition in the prisoner's own case, the sentence of death should be reduced to the sentence imposed in capital cases when execution is not an option."
Here is the Governor's statement in full:
"I have carefully considered over the past 24 months the question of whether the Commonwealth can carry out the execution of Percy Levar Walton in a constitutionally permissible manner.
"There is no doubt that Walton killed three innocent people over a two-week period in November 1996. The victims met a fate they did not deserve and the families of the victims have suffered greatly from the loss of their loved ones. 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.
"The courts have emphasized, however, that it is unconstitutional to execute a person who is mentally incompetent. The late U.S. Supreme Court Justice Lewis F. Powell, Jr. wrote in the seminal case of Ford v. Wainwright, 477 U.S. 399 (1986), that the Eighth Amendment of the U.S. Constitution 'forbids the execution of those who are unaware of the punishment they are about to suffer and why they are to suffer it.' He further concluded that the execution of a mentally incompetent inmate would be a 'uniquely cruel penalty' where the inmate could not comprehend that they are about to die and could not 'prepare, mentally and spiritually' for the execution.
"Thus, the question of Walton's mental status is of the utmost importance in assessing whether the Commonwealth may carry out his death sentence. For this reason, the court system has wrestled with the question of whether Walton's mental capacity imposes a bar to his execution. Notwithstanding consistent decisions upholding his conviction, the courts found it necessary to carefully examine whether Walton's death sentence could be carried out consistent with the U.S. Constitution.
"In this regard, a few days before Walton's initial 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 three-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 psychiatric evaluations and other evidence pertaining to Walton's mental state during the period from 1997 to 2003. By the time I first reviewed this matter, shortly before Walton's scheduled execution in June 2006, three years had passed since the evidence on his mental competence was presented to the court.
"I noted at that time that Walton's clemency petition presented significant evidence that Walton had schizophrenia, that such a mental illness can cause serious deterioration of mental competence, and that Walton's mental state had deteriorated since 2003 such that there was more than a minimal chance that Walton no longer knew why he was to be executed or was even aware of the final punishment he was about to receive. Due to the history of judicial concern about his mental status, I determined that it was important to have current and independent information about Walton's mental condition in order to comply with the law forbidding execution of a mentally incompetent person. Accordingly, I delayed Walton's June 2006 execution date until December 8, 2006, for the purpose of conducting an independent evaluation of his mental condition and competence.
"During that six-month period, I was provided with current and independent information pertaining to Walton's mental state from a number of sources including a thorough review of records maintained by the Department of Corrections, updated evaluations by psychiatrists, and information provided by persons who had interacted with Walton on a regular basis over a period of years.
"After reviewing the information, I was compelled to conclude that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence. Because one could not reasonably conclude that Walton was fully aware of the punishment he was about to suffer and why he was to suffer it, I decided that his execution could not proceed at that time.
"At the same time, it was within the realm of possibility - though unlikely - that Walton's mental impairment was not permanent. As a result, I concluded that a commutation of his sentence was not then appropriate. Rather, continued observation of Walton's condition over a more extended period of time was the appropriate course of action. Accordingly, I delayed his execution date by an additional 18 months, to June 10, 2008.
"Over the course of those 18 months, there has been no discernible improvement in Walton's condition and no evidence that his mental impairment is temporary. Walton differs in fundamental ways from other death row offenders. He lives in a self-imposed state of isolation that includes virtually no interest in receiving or understanding information. Walton communicates only infrequently, almost invariably in response to direct questions, and those responses are minimal in nature. He has nothing in his cell other than a mattress, a pillow and a blanket. He shows no interest in contact with the outside world and has no television, radio, magazines, books or stationery. He has no personal effects of any kind. This minimal existence has been in evidence for the past five years.
"In light of this information, I am again compelled to find that one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it.
"Given the extended period of time over which Walton has exhibited this lack of mental competence, I must conclude that a commutation of his sentence to life in prison without possibility of parole is now the only constitutionally appropriate course of action.
"Although Walton's mental incompetence alone precludes carrying out an execution that would violate the Constitution, there are other factors that I have considered in granting limited clemency. Since Walton's conviction and sentencing, separate Supreme Court decisions have placed limitations on executions that very nearly fit Walton's circumstances.
"The Court has ruled that the Constitution forbids executing an individual who: commits a capital crime under the age of 18 years old; was insane at the time of the capital crime; or is mentally retarded due to intellectual disabilities evidenced before the age of 18.
"In this instance, Walton committed these murders less than two months past his 18th birthday. While he was not insane at the time of his crimes, there are strong indications that his mental illness started prior to the murders. While he scored a 66 on his most recent IQ test, which is below a standard for mental retardation (70 on an IQ test) set by the Supreme Court of Virginia, he appears to have fallen below that standard for mental retardation only after he turned 18 while the relevant legal standard in the Commonwealth requires that retardation be in evidence prior to that age.
"While no one of these additional factors would justify clemency for Walton standing alone, it is appropriate to employ the sound legal practice of considering and weighing the totality of the facts in determining whether to grant limited clemency to Walton.
"In light of the foregoing conclusions and in accordance with the powers granted to me as Governor under Article V, Section 12 of the Constitution of Virginia, I have granted Walton a commutation of his three death sentences to life imprisonment without the possibility of parole."
"In reaching this decision, I remain mindful of the terrible injustice that Walton perpetrated against Jessie E. Kendrick, Elizabeth W. Kendrick, and Archie D. Moore, Jr. My thoughts and prayers are with the families of these honorable people."
***
More information on Percy Walton is available here.
***
The American Bar Association's Recommendation on the Death Penalty and Persons with Mental Disabilities states that "If, after challenges to the validity of the conviction and death sentence have been exhausted and execution has been scheduled, a court finds that a prisoner has a mental disorder or disability that significantly impairs his or her capacity to understand the nature and purpose of the punishment, or to appreciate the reason for its imposition in the prisoner's own case, the sentence of death should be reduced to the sentence imposed in capital cases when execution is not an option."
Monday, May 12, 2008
Execution Date Set for Percy Walton
The Commonwealth of Virginia has set an execution date of June 10, 2008 for Percy Levar Walton, a severely mentally ill man who believes that he will come back to life after the execution and whose intellectual functioning appears to be significantly impaired. In order to be deemed competent to be executed, an inmate must understand the reality of - and the reason for - his or her punishment.
Walton faced imminent execution in April 2006, but received a six-month reprieve from Virginia Governor Tim Kaine just hours before it was set to take place. Gov. Kaine ordered and authorized an independent and nonjudicial examination of Walton’s mental state. On December 4, 2006, Gov. Kaine ordered a second reprieve - this time for 18 months, until June 10, 2008. "I am compelled to conclude that Walton is severely mentally impaired and meets the Supreme Court's definition of mental incompetence," Kaine said in a statement. "At the same time, it is within the realm of possibility -- though unlikely -- that Walton's mental impairment is not permanent. Accordingly, a commutation of his sentence is not appropriate at this time.”
There are no indications that Percy Levar Walton's mental status has changed in the last two years.
Here are excerpts from Amnesty International's Urgent Action:
"In 1999, three mental health experts concluded that Levar Walton suffers from severe schizophrenia and was probably suffering from this mental illness at the time of the crime. Walton, who was 18 years and one month old at the time of the murders, had displayed signs of emerging mental illness since the age of 16. He manifested bizarre beliefs and inappropriate behavior after his arrest, in pre-trial custody, and during the trial. In telephone calls from the jail to his family, he insisted that his mother was his sister, and referred to his father as his brother, his grandfather as his father and his grandmother as his mother. He said that he had discovered that he had two brothers, when he had none. He told his mother that he was the Queen Bee, and his grandmother that he was Superman. He told relatives that he was Jesus Christ, and that he was a millionaire. He insisted that he would come back to life as soon as he was executed, and that he would retrieve and bring back alive his grandfather who had recently died. In a 1999 affidavit, his lawyer recalled how Levar Walton 'did not meaningfully assist us in preparing a defense - Often times it was extremely difficult to communicate with Mr. Walton, and there were occasions where we could not tell whether he understood what we were saying to him. Other times it was clear from Mr. Walton's questions and responses to my questions that Mr. Walton understood little of what I was telling him.' The lawyer recalled that 'we were unable to convince Mr. Walton that he would not come back to life' if he was executed.
The defense asked for a mental health expert, and the trial judge appointed a psychologist. After a series of meetings with Levar Walton, the psychologist developed serious doubts about his competence to stand trial, finding that Walton's articulation of his thoughts was incomprehensible. He was particularly troubled by Levar Walton's notion that execution did not result in permanent death. The psychologist recommended that Walton be placed in a secure psychiatric hospital. This was rejected by the trial judge.
At first Levar Walton said that he wanted to plead guilty. Then in September 1997 he told his lawyer that he wanted to plead not guilty and have a jury trial because he was innocent. Days later, he reverted to admitting guilt. At end of that month, asked whether he would plead guilty or not guilty, he refused to speak, but responded by writing the word 'chair' on a piece of paper. He told his lawyer that he wanted to be executed in order 'to come back to life so he could be with his honeys.' In court in October 1997, he pleaded guilty to the murders, the judge accepted the plea and, after a sentencing phase at which no mental health evidence was presented, sentenced him to death. At the sentencing trial, Walton's conduct was extremely prejudicial. He repeatedly burst out laughing and smiled inappropriately. The prosecutor argued that Walton's outbursts indicated a 'sadistic, ruthless, cold-blooded murderer who has no conscience, no remorse and no right to live in a civilized society.'
Levar Walton's mental illness has worsened on death row - prison records have described an inmate who is 'floridly psychotic.' In a March 2006 ruling on his case, six judges on the U.S. Court of Appeals for the Fourth Circuit noted the 'substantial evidence that Percy Levar Walton does not understand that his execution will mean his death, defined as the end of his physical life.' They further noted that 'there is no dispute that since his sentencing, Walton has fallen deeper and deeper into mental illness.' According to Levar Walton's current lawyer, who has visited him regularly, Walton is unable to care for himself, such as in matters of basic personal hygiene. She has no doubt that he is severely mentally impaired.
There is evidence that in addition to his mental illness, Levar Walton functions, at best, at borderline mental retardation level and has the mental age of a young child. If the crimes for which he was sentenced to death had been committed five weeks earlier, Levar Walton would have been 17 years old and his execution would be illegal under U.S. and international law."
***
Percy Walton was sentenced to death in 1997 for the murders of an elderly white couple, Elizabeth and Jesse Hendrick, aged 81 and 80, and a 33-year-old black man, Archie Moore, in the town of Danville in November 1996. According to Viriginians for Alternatives to the Death Penalty, Walton’s prison cell is devoid of any personal affects, except for a large pile of salt, pepper and sugar packets; he has no form of entertainment nor does he seek any. He makes no phone calls; he recives no visits from family or friends. Prison guards refer to Walton as “Horse”, short for “Crazy Horse.”
For more information, visit http://www.vadp.org/cases/walton.htm.
Walton faced imminent execution in April 2006, but received a six-month reprieve from Virginia Governor Tim Kaine just hours before it was set to take place. Gov. Kaine ordered and authorized an independent and nonjudicial examination of Walton’s mental state. On December 4, 2006, Gov. Kaine ordered a second reprieve - this time for 18 months, until June 10, 2008. "I am compelled to conclude that Walton is severely mentally impaired and meets the Supreme Court's definition of mental incompetence," Kaine said in a statement. "At the same time, it is within the realm of possibility -- though unlikely -- that Walton's mental impairment is not permanent. Accordingly, a commutation of his sentence is not appropriate at this time.”
There are no indications that Percy Levar Walton's mental status has changed in the last two years.
Here are excerpts from Amnesty International's Urgent Action:
"In 1999, three mental health experts concluded that Levar Walton suffers from severe schizophrenia and was probably suffering from this mental illness at the time of the crime. Walton, who was 18 years and one month old at the time of the murders, had displayed signs of emerging mental illness since the age of 16. He manifested bizarre beliefs and inappropriate behavior after his arrest, in pre-trial custody, and during the trial. In telephone calls from the jail to his family, he insisted that his mother was his sister, and referred to his father as his brother, his grandfather as his father and his grandmother as his mother. He said that he had discovered that he had two brothers, when he had none. He told his mother that he was the Queen Bee, and his grandmother that he was Superman. He told relatives that he was Jesus Christ, and that he was a millionaire. He insisted that he would come back to life as soon as he was executed, and that he would retrieve and bring back alive his grandfather who had recently died. In a 1999 affidavit, his lawyer recalled how Levar Walton 'did not meaningfully assist us in preparing a defense - Often times it was extremely difficult to communicate with Mr. Walton, and there were occasions where we could not tell whether he understood what we were saying to him. Other times it was clear from Mr. Walton's questions and responses to my questions that Mr. Walton understood little of what I was telling him.' The lawyer recalled that 'we were unable to convince Mr. Walton that he would not come back to life' if he was executed.
The defense asked for a mental health expert, and the trial judge appointed a psychologist. After a series of meetings with Levar Walton, the psychologist developed serious doubts about his competence to stand trial, finding that Walton's articulation of his thoughts was incomprehensible. He was particularly troubled by Levar Walton's notion that execution did not result in permanent death. The psychologist recommended that Walton be placed in a secure psychiatric hospital. This was rejected by the trial judge.
At first Levar Walton said that he wanted to plead guilty. Then in September 1997 he told his lawyer that he wanted to plead not guilty and have a jury trial because he was innocent. Days later, he reverted to admitting guilt. At end of that month, asked whether he would plead guilty or not guilty, he refused to speak, but responded by writing the word 'chair' on a piece of paper. He told his lawyer that he wanted to be executed in order 'to come back to life so he could be with his honeys.' In court in October 1997, he pleaded guilty to the murders, the judge accepted the plea and, after a sentencing phase at which no mental health evidence was presented, sentenced him to death. At the sentencing trial, Walton's conduct was extremely prejudicial. He repeatedly burst out laughing and smiled inappropriately. The prosecutor argued that Walton's outbursts indicated a 'sadistic, ruthless, cold-blooded murderer who has no conscience, no remorse and no right to live in a civilized society.'
Levar Walton's mental illness has worsened on death row - prison records have described an inmate who is 'floridly psychotic.' In a March 2006 ruling on his case, six judges on the U.S. Court of Appeals for the Fourth Circuit noted the 'substantial evidence that Percy Levar Walton does not understand that his execution will mean his death, defined as the end of his physical life.' They further noted that 'there is no dispute that since his sentencing, Walton has fallen deeper and deeper into mental illness.' According to Levar Walton's current lawyer, who has visited him regularly, Walton is unable to care for himself, such as in matters of basic personal hygiene. She has no doubt that he is severely mentally impaired.
There is evidence that in addition to his mental illness, Levar Walton functions, at best, at borderline mental retardation level and has the mental age of a young child. If the crimes for which he was sentenced to death had been committed five weeks earlier, Levar Walton would have been 17 years old and his execution would be illegal under U.S. and international law."
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Percy Walton was sentenced to death in 1997 for the murders of an elderly white couple, Elizabeth and Jesse Hendrick, aged 81 and 80, and a 33-year-old black man, Archie Moore, in the town of Danville in November 1996. According to Viriginians for Alternatives to the Death Penalty, Walton’s prison cell is devoid of any personal affects, except for a large pile of salt, pepper and sugar packets; he has no form of entertainment nor does he seek any. He makes no phone calls; he recives no visits from family or friends. Prison guards refer to Walton as “Horse”, short for “Crazy Horse.”
For more information, visit http://www.vadp.org/cases/walton.htm.
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