Thomas
Nevius, who suffers from mental retardation and brain damage, and
who functions intellectually, and in other ways, as a child, ranks
in the bottom 1 to 2% of the population in terms of mental
capacity. Yet Nevius is facing execution in Nevada and his
attorneys have now applied for executive clemency. Nevius was
convicted and sentenced to death for a 1980 burglary and murder
committed with three other defendants. He was the only one of the
four to receive the death penalty. Two co-perpetrators received
life sentences and the third, his half-brother David Nevius,
received probation for testifying against Thomas. Nevius' lead
defense attorney had never tried a capital case before and failed
to investigate or discover evidence of Nevius' mental retardation.
At trial, prosecutors portrayed Nevius as the ringleader and the
defense failed to present to the jury Nevius' mental retardation,
passivity, and character as a follower rather than a leader, due
to his mental limitations. Six jurors have since come forward and
stated that, had they known of Nevius' mental retardation and
brain damage, they would not have sentenced him to death. (See
Application for Executive Clemency on Behalf of Thomas Nevius,
1/17/01) In an unusual move, the governor of Nevada has granted a
formal clemency hearing on April 11. Currently, 13 states prohibit
the execution of those with mental retardation, and similar
statutes are pending in at least 8 other states.DNA Tests May Lead
to the Exoneration of Another Texas Death Row Inmate New DNA tests
on evidence used to convict Texas death row inmate Michael Blair
confirm that hairs found on the victim's body and hairs found in
Blair's vehicle do not match that of the victim, according to a
lab report made public on March 2 by the Texas Attorney General's
office. Blair, who repeatedly maintained his innocence, was
convicted and sentenced to death for the 1993 abduction and murder
of Ashley Estell. At trial, forensic analyst Charles Linch
testified, and prosecutors maintained, that hairs found on a sheet
used to move the child's body, hairs found in the waistband of
Estell's underwear, and hairs found in Blair's vehicle linked Mr.
Blair to the girl. The new test, however, confirmed that the hairs
belonged to neither Blair nor Estell. The DNA technology used in
the new tests was not available at the time of Blair's trial. The
Texas Attorney General's office has filed a motion to return
Blair's case to the trial court to consider the new evidence.
(Dallas Morning News, 3/3/01
Thomas
Nevius, who suffers from mental retardation and brain damage, and
who functions intellectually, and in other ways, as a child, ranks
in the bottom 1 to 2% of the population in terms of mental
capacity. Yet Nevius is facing execution in Nevada and his
attorneys have now applied for executive clemency. Nevius was
convicted and sentenced to death for a 1980 burglary and murder
committed with three other defendants. He was the only one of the
four to receive the death penalty. Two co-perpetrators received
life sentences and the third, his half-brother David Nevius,
received probation for testifying against Thomas. Nevius' lead
defense attorney had never tried a capital case before and failed
to investigate or discover evidence of Nevius' mental retardation.
At trial, prosecutors portrayed Nevius as the ringleader and the
defense failed to present to the jury Nevius' mental retardation,
passivity, and character as a follower rather than a leader, due
to his mental limitations. Six jurors have since come forward and
stated that, had they known of Nevius' mental retardation and
brain damage, they would not have sentenced him to death. (See
Application for Executive Clemency on Behalf of Thomas Nevius,
1/17/01) In an unusual move, the governor of Nevada has granted a
formal clemency hearing on April 11. Currently, 13 states prohibit
the execution of those with mental retardation, and similar
statutes are pending in at least 8 other states.DNA Tests May Lead
to the Exoneration of Another Texas Death Row Inmate New DNA tests
on evidence used to convict Texas death row inmate Michael Blair
confirm that hairs found on the victim's body and hairs found in
Blair's vehicle do not match that of the victim, according to a
lab report made public on March 2 by the Texas Attorney General's
office. Blair, who repeatedly maintained his innocence, was
convicted and sentenced to death for the 1993 abduction and murder
of Ashley Estell. At trial, forensic analyst Charles Linch
testified, and prosecutors maintained, that hairs found on a sheet
used to move the child's body, hairs found in the waistband of
Estell's underwear, and hairs found in Blair's vehicle linked Mr.
Blair to the girl. The new test, however, confirmed that the hairs
belonged to neither Blair nor Estell. The DNA technology used in
the new tests was not available at the time of Blair's trial. The
Texas Attorney General's office has filed a motion to return
Blair's case to the trial court to consider the new evidence.
(Dallas Morning News, 3/3/01
