Death Penalty Sought for Retarded Man

Apr 4 2002

By MICHAEL GRACZYK,

CONROE, Texas - A convicted killer who says he believes in Santa Claus and likes coloring books is facing another attempt by prosecutors to have him sentenced to death.

 Defense lawyers argue that Johnny Paul Penry, 45, should not be given a death sentence because he is mentally retarded.

He has spent half his life locked up for the fatal stabbing of Pamela Moseley Carpenter in 1979, but twice the Supreme Court has thrown out his death sentence.

Both times, the court said jurors were not given sufficient instructions on how to weigh his mental condition when they decided punishment.

At a competency hearing Wednesday, the prosecution characterized Penry as a psychopath and manipulator.

"Look at the whole picture, not just the IQ tests. His IQ tests are jumping all over the place," District Attorney Joe Price told jurors in opening remarks. "It doesn't mean he has to be a rocket scientist. If you took away his criminal functions, he could survive in society."

Defense attorney John Wright, though, likened Penry to a 6- or 7-year-old. "People are understandably skeptical when someone suggests some kind of mental impairment," he said. "The state will say he's faking it. Obviously, he's not."

If the jury finds Penry competent, a sentencing trial will be held at which he could be resentenced to death or given a life term. The competency hearing was expected to last into next week.

Death penalty opponents point to Penry as a reason why Texas should prohibit executions of the mentally retarded. A bill approved by the Legislature last year to ban such punishment was vetoed by Gov. Rick Perry.

Dr. Sheila Reed, a psychologist at Vernon State Hospital hired by the defense, testified Wednesday that her assessments showed Penry is mildly retarded and suffers from brain damage.

"I do not believe Johnny Paul Penry is competent to stand trial," she said.

Penry's IQ has been measured as high as 63, seven points below the threshold set by the Supreme Court for retardation.

He was on parole for rape when he was charged with murdering Carpenter, the 22-year-old sister of former Washington Redskins kicker Mark Moseley. She was stabbed in the chest with scissors but lived long enough to describe the man who attacked her. Penry, who lived nearby, was arrested and confessed to police. He later recanted the confession.

In June, the Supreme Court is expected to rule on a Virginia case questioning the constitutionality of executing the mentally retarded.

Prosecutors again seeking death penalty against inmate claiming retardation

Apr 3, 2002

By MICHAEL GRACZYK, 

CONROE, Texas - A convicted killer whose death sentence was twice overturned by the Supreme Court is competent to stand trial despite IQ tests showing he may be mildly mentally retarded, prosecutors said.

 Johnny Paul Penry, 45, has spent half his life locked up for the fatal stabbing of Pamela Moseley Carpenter in 1979 at her home in Livingston.

Twice he has been convicted and sentenced to death, and twice the Supreme Court has thrown out his sentence � most recently in June. Both times, the court said jurors were not given sufficient instructions on how to weigh his mental condition when they decided punishment.

As testimony began Wednesday in a competency hearing, the prosecution characterized Penry as a psychopath and manipulator.

"Look at the whole picture, not just the IQ tests. His IQ tests are jumping all over the place," District Attorney Joe Price told jurors.

Defense attorney John Wright, though, likened Penry to a 6- or 7-year-old. "People are understandably skeptical when someone suggests some kind of mental impairment," he said. "The state will say he's faking it. Obviously, he's not."

If the jury finds Penry competent, a sentencing trial will be held at which he could be resentenced to death or given a life term. The competency hearing was expected to last into next week.

Death penalty opponents point to Penry, who says he believes in Santa Claus and likes coloring books, as a reason why Texas should prohibit executions of the mentally retarded. A bill approved by the Legislature last year to ban such punishment was vetoed by Gov. Rick Perry.

Dr. Sheila Reed, a psychologist at Vernon State Hospital hired by the defense, testified Wednesday that her assessments showed Penry is mildly retarded and suffers from brain damage.

"I do not believe Johnny Paul Penry is competent to stand trial," she said.

Penry's IQ has been measured as high as 63, seven points below the threshold set by the Supreme Court for retardation.

He was on parole for rape when he was charged with murdering Carpenter, the 22-year-old sister of former Washington Redskins kicker Mark Moseley. She was stabbed in the chest with scissors but lived long enough to describe the man who attacked her. Penry, who lived nearby, was arrested and confessed to police. He later recanted the confession.

In June, the Supreme Court is expected to rule on a Virginia case questioning the constitutionality of executing the mentally retarded.

IQ of Death Penalty Inmate Questioned

Apr 3, 2002

By MICHAEL GRACZYK, 

CONROE, Texas - A convicted killer whose death sentence was twice overturned by the Supreme Court is competent to stand trial despite IQ tests showing he may be mildly mentally retarded, prosecutors said Wednesday.

Johnny Paul Penry, 45, has spent half his life locked up for the fatal stabbing of Pamela Moseley Carpenter in 1979 at her home in Livingston.

Twice he has been convicted and sentenced to death, and twice the Supreme Court has thrown out his sentence � most recently in June. Both times, the court said jurors were not given sufficient instructions on how to weigh his mental condition when they decided punishment.

As testimony began Wednesday in a competency hearing, the prosecution characterized Penry as a psychopath and manipulator.

"Look at the whole picture, not just the IQ tests. His IQ tests are jumping all over the place," District Attorney Joe Price told jurors in opening remarks. "It doesn't mean he has to be a rocket scientist. If you took away his criminal functions, he could survive in society."

Defense attorney John Wright, though, likened Penry to a 6- or 7-year-old. "People are understandably skeptical when someone suggests some kind of mental impairment," he said. "The state will say he's faking it. Obviously, he's not."

If the jury finds Penry competent, a sentencing trial will be held at which he could be resentenced to death or given a life term. The competency hearing was expected to last into next week.

Death penalty opponents point to Penry, who says he believes in Santa Claus and likes coloring books, as a reason why Texas should prohibit executions of the mentally retarded. A bill approved by the Legislature last year to ban such punishment was vetoed by Gov. Rick Perry.

Dr. Sheila Reed, a psychologist at Vernon State Hospital hired by the defense, testified Wednesday that her assessments showed Penry is mildly retarded and suffers from brain damage.

"I do not believe Johnny Paul Penry is competent to stand trial," she said.

Penry's IQ has been measured as high as 63, seven points below the threshold set by the Supreme Court for retardation.

He was on parole for rape when he was charged with murdering Carpenter, the 22-year-old sister of former Washington Redskins kicker Mark Moseley. She was stabbed in the chest with scissors but lived long enough to describe the man who attacked her. Penry, who lived nearby, was arrested and confessed to police. He later recanted the confession.

In June, the Supreme Court is expected to rule on a Virginia case questioning the constitutionality of executing the mentally retarded.

TEXAS: Jury sought to weigh competency of mentally retarded killer

Attorneys worked today to trim a 75-person jury pool to a dozen so they can begin presenting testimony to determine if a mentally retarded convicted killer is competent to possibly be sentenced to death for a 3rd time.

Johnny Paul Penry, whose lawyers say has the mind of a 7-year-old, has spent half his life locked up, primarily on death row, for killing Pamela Moseley Carpenter in 1979 at her home in Livingston, 80 miles northeast of Houston.

Twice he has been sentenced to death and twice his sentence has been overturned by the U.S. Supreme Court, most recently last June.

Death penalty opponents have pointed to Penry, who says he believes in Santa Claus and likes coloring books, as a reason why Texas should prohibit executions of mentally retarded people. A bill to ban such punishment was approved in the Legislature last year but Gov. Rick Perry vetoed it.

A panel of 200 prospective jurors met Monday in a Conroe theater, the only place near the Montgomery County Courthouse large enough to handle that size crowd. The 75 survivors of the 1st jury cut were in a courtroom today to answer more specific questions regarding their experiences with the legal system and whether they had any knowledge or education in psychology.

The case was moved from Polk County, where the slaying occurred, to Montgomery County, about 45 miles to the southwest. The competency hearing could last several weeks.

"This case has received great amounts of publicity and media attention," Penry's attorney, John Wright, told the potential jurors.

Of the 75 jurors questioned today, 18 said they had heard of Penry.

In brief remarks to jurors, State District Judge Elizabeth Coker told them the burden of proof in the case rested with the defendant. Penry's lawyers contend his mental retardation should keep him from returning to death row.

If jurors find him competent, another jury will be empaneled for a sentencing trial to decide if Penry should be sentenced to life in prison or lethal injection.

Prosecutors had argued against a competency hearing, noting jurors in 1980 and again in 1990 ruled Penry was legally competent.

Penry, 45, wearing a light blue plaid shirt and navy pants and with an armed Polk County sheriff's deputy seated a few feet away, was introduced to jurors Tuesday by Wright.

"Hello," Penry told them.

Penry's IQ has been placed as high as 63, 7 points below what the Supreme Court considers the threshold for retardation. He was on parole for rape when he was arrested Oct. 25, 1979 and charged with killing Carpenter, the 22-year-old sister of former Washington Redskins kicker Mark Moseley.

She was stabbed in the chest with scissors and raped but before dying was able to describe the man who barged into her home that morning.

Wright quizzed the jury pool closely about what he said would be the question they ultimately would need to answer: whether a person had "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding."

One jury prospect asked Wright how he defined "reasonable."

"There's a trick here," Wright replied. "We don't. We depend on you."

Another asked about defining "sufficient."

"I wish I had a good answer for you," the lawyer responded.

In 1986 and again in 2000, Penry was taken to a cell a few feet from the death chamber to await lethal injection. Each time, he was given a reprieve just a few hours before he could have been executed.

The Penry case is under way while the Supreme Court considers a Virginia case that questions the constitutionality of executing the mentally retarded. A ruling in that matter is expected by June.