Delegates Shelve Bill on Executions

By Lisa Rein

RICHMOND, Feb. 18 - A House of Delegates panel voted today to delay action on barring the executions of mentally retarded people convicted of capital crimes until the U.S. Supreme Court rules in a death penalty case scheduled to be heard on Wednesday.

The measure passed the Senate unanimously this month. But delegates on the House courts committee voted 17 to 4 today to hold it until next year to study the issue and see what the court decides.

The legislation comes as a long-standing debate over executing the mentally retarded has intensified across the country. Eighteen states that have capital punishment, including Maryland, have barred such executions in recent years.

Two Virginia Democrats, Sen. John S. Edwards (Roanoke) and Del. James F. Almand (Arlington), proposed legislation this year to shield the mentally retarded, whom they define as those with an IQ lower than 70 who are limited in life skills and whose retardation was diagnosed before age 18.

The Senate approved Edwards's version with little debate. But Republicans on the House courts panel said they needed a better definition of mental retardation.

"I'm disappointed," Edwards said. "We should not be in a position of being dragged along by the Supreme Court. Some of these delegates clearly think we should be executing the mentally retarded."

The House panel took the same action 10 days ago on Almand's bill.

The high court will hear attorneys for Daryl R. Atkins argue that executing the retarded violates the constitutional ban on cruel and unusual punishment. Atkins, who murdered an airman during a robbery, was sentenced to death. He is mildly retarded.

Several delegates said they were swayed by testimony from the prosecutor in the case, who described Atkins's relatively high level of functioning even though his IQ tested below 70.

"I would like to see if we can come up with a definition," said Del. H. Morgan Griffith (R-Salem), the House majority leader and a member of the courts panel.

"It looked like Atkins was able to form a plan and follow through, and he tested within the parameters of the bill," Griffith said.

The office of Attorney General Jerry W. Kilgore (R), came out strongly against both bills' definition of mentally retarded, calling the IQ number of 70 arbitrary.

Gov. Mark R. Warner (D), who had not taken a position on a ban, today sent a member of his administration to testify in favor of it.

Warner expressed disappointment in today's vote.

"It's time that Virginia move forward on this important issue," he said in a statement.