Legislative Hearing on Mental Disabilities and the Ga. Death Penalty

Since 1986, Georgia law has said that a person cannot be executed in Georgia if they are judged “beyond a reasonable doubt” to be “mentally retarded.” The “beyond a reasonable standard” requirement is considered a very difficult legal standard to reach.  Other states use a “preponderance of the evidence” standard, which is not as legally exacting.

In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing people with mental retardation was a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment.  

Questions about what constitutes being mentally retarded, as well as the appropriateness and consequences of the “beyond a reasonable doubt” standard, were the main subjects of today’s hearings. 

These hearings have a particular bearing on the planned execution of Warren Lee Hill, Jr.  Hill has been convicted of killing a fellow inmate, but he has also been diagnosed as being mentally disabled.  His lawyers have filed numerous requests for hearings to delay his execution on this basis, all to no avail.

WABE’s Rose Scott (@waberosescott) and Michell Eloy (@michelleloy) were at the hearing and tweeted updates during the meeting.  The following is excerpted from their Twitter feeds.

Starting the day off at the state Capitol. @ Georgia State Capitol http://t.co/p6NQknAApb— Michell Eloy (@michellreloy) October 24, 2013

Crowded inside today’s committee hearing regarding Georgia’s death penalty law & mental disability standard to avoid execution. @wabenews— Rose Scott (@waberosescott) October 24, 2013

Gov. Deal says he was leery to changes re: death penalty standard of proof beyond a reasonable doubt to avoid execution “mentally retarded”— Rose Scott (@waberosescott) October 24, 2013

Georgia, the only state that requires proof beyond a reasonable doubt when claiming “mental retardation” for defendants to avoid execution.— Rose Scott (@waberosescott) October 24, 2013

GA Assoc. of Criminal Defense Lawyers says state is “at the back of the bus” on standard of proof for mental retardation to avoid execution— Michell Eloy (@michellreloy) October 24, 2013

Most media outlets do not use the term “mentally retarded”, but please understand how it’s being used for this hearing.— Rose Scott (@waberosescott) October 24, 2013

Using IQ to determine level of mental disability to avoid execution is not the same in all states. High Court has agreed to hear FLA case.— Rose Scott (@waberosescott) October 24, 2013

Great AP article via NPR on SCOTUS agreeing to hear FLA case re: IQ and death penalty. http://t.co/zyjkeFt7Pn— Rose Scott (@waberosescott) October 24, 2013

Rep. Golick raises question of opening a flood gate of litigation using “mental retardation” claim in criminal cases.— Rose Scott (@waberosescott) October 24, 2013

NOTE: In 1986, GA was the first state to pass legislation NOT to execute the “mentally retarded” way before 2002 Supreme Court ruling.— Rose Scott (@waberosescott) October 24, 2013

GA does not use a standard number IQ to determine level of mental disability in criminal cases & that includes in education as well.— Rose Scott (@waberosescott) October 24, 2013

So far in hearing no mention of Warren Lee Hill, Jr. by name. His case is center of debate re: GA death penalty law & mentally disabled.— Rose Scott (@waberosescott) October 24, 2013

Rita Young with All About Developmental Disabilities (AADD) now addressing committee re: GA’s death penalty law.— Rose Scott (@waberosescott) October 24, 2013

Young:individuals with intellectual disabilities fall through the cracks and that includes the justice system. @waberosescott— Rose Scott (@waberosescott) October 24, 2013

Committee hears GA has remained static as it relates to the standard that’s used in death penalty cases and the mentally disabled.— Rose Scott (@waberosescott) October 24, 2013

Alford: change law from beyond a reasonable doubt to preponderance of evidence. Here’s exact law: http://t.co/JWOhcvSlMf— Rose Scott (@waberosescott) October 24, 2013

Mary Boyer of Catholic Archdiocese of ATL says developmentally disabled are at risk re: Georgia’s burden of proof for execution.— Michell Eloy (@michellreloy) October 24, 2013

Charles A. Spahos, Exe. Director of the Prosecuting Attorneys’ Council tells committee to proceed with caution re: changing the law.— Rose Scott (@waberosescott) October 24, 2013

State Rep. Golick skeptical about whether standard of proof for developmental disability could be restrained to capital punishment cases.— Michell Eloy (@michellreloy) October 24, 2013

Spahos says we believe it would be new remedy to anybody on trial. He cites ” a second bite of the apple” reference as not changing the law.— Rose Scott (@waberosescott) October 24, 2013

Charles Saphos of GA Prosecuting Attorneys Council says change could make new remedy available to anyone with evidence of mental retardation— Michell Eloy (@michellreloy) October 24, 2013

Prosecutors to changing state’s standard cite many on death row would raise claim of “mental disability” after conviction & death sentence.— Rose Scott (@waberosescott) October 24, 2013

Spahos says you may be taking a step backward whether it’s by jury or judge in determining mental disability claim in a trial.— Rose Scott (@waberosescott) October 24, 2013

Gwinnett C. DA Danny Porter says in true metal retardation case, proof not usually “bone of contention.” Don’t come down to experts battle— Michell Eloy (@michellreloy) October 24, 2013

Golick tells Spahos to remind some fellow prosecutors to understand this is an informational hearing. cites this :http://t.co/8VvVraywPy— Rose Scott (@waberosescott) October 24, 2013

Hearing is adjourned regarding the informational testimony about Georgia’s death penalty law and those with mental disabilities.— Rose Scott (@waberosescott) October 24, 2013