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Executing the Mentally Retarded

-- By Denise Madden

The U.S. Supreme Court is expected to rule this term on Atkins v. Virginia. The precise question that is being considered reads like this: "Does the execution of persons with mental retardation violate current American standards of decency?"

A ruling could come down as early as Monday, May 20, 2002. Or a ruling could come down any time during the month of June (likely on a Monday or Tuesday). A ruling is not likely during the last week of May, due to the Memorial Day holiday.

When the Supreme Court accepted the Atkins case, and then again when the Atkins case was argued on February 20, 2002, some old figures were distributed to the media regarding the number of mentally retarded people who have been executed. One number floating around was 24. Another number floating around was 30. One Texas official actually was quoted as saying that no mentally retarded people had been executed in that state.

The most current figure regarding people with mental retardation who have been executed in the United States since 1976 is 44. This number comes from Robert Perske, who earlier this year updated his article, "People with mental retardation are dying, legally," published in 1997 in the journal Mental Retardation. It is important to note -- as Perske does -- that the number 44 is extremely conservative. In some cases, claims of mental retardation were ignored. In other cases, the claims were inadequately pursued.

Defendants with Mental Retardation Executed Since Death Penalty Reinstated in 1976

Number Name of Executed Person State Race Retardation or I.Q. Execution Date
1. Arthur F. Goode, III FL W 60-63 04/05/84
2. Ivon Ray Stanley GA B 62 07/12/84
3. James Dupree Henry FL B Low 70s 09/20/84
4. Morris Odell Mason VA B 62-66 06/25/85
5. James Terry Roach SC W 69-70 01/10/86
6. Jerome Bowden GA B 59-65 06/24/86
7. Willie Celestine LA W 77 (68-81) 07/20/87
8. John Brogdon LA W Mild MR 07/30/87
9. Horace Dunkins AL B 65-69 07/14/89
10. Alton Waye VA B Probable MR 08/30/89
11. Johnny Ray Anderson TX W 70 05/17/90
12. Dalton Prejean LA B 71-76 05/18/90
13. Ricky Ray Rector AR B MR from lobotomy 01/24/92
14. Johnny Frank Garrett TX W Dual MR/MI 02/11/92
15. Billy Wayne White TX B 66-69 04/23/92
16. Nollie Lee Martin FL W Dual MR/MI 05/12/92
17. Ricky Lee Grubbs MO W 72 10/21/92
18. Cornelius Singleton AL B 55-67 11/20/92
19. Robert Wayne Sawyer LA W 65-68 03/05/93
20. William Henry Hance GA B Mild MR 03/31/94
21. Mario Marquez TX L 65 01/17/95
22. Willie Clisby AL B Mild MR 04/28/95
23. Varnell Weeks AL B Mild MR 05/12/95
24. Girvies Davis IL B Low-borderline MR 05/17/95
25. Sylvester Adams SC B 65-69 08/18/95
26. Barry Lee Fairchild AR B 60-63 08/31/95
27. Walter Milton Correll VA W 68 01/04/96
28. Luis Mata AZ L 68-70 08/22/96
29. John Earl Bush FL B Low-borderline MR 10/21/96
30. Frank Middleton SC B 68-69 11/22/96
31. Terry Washington TX B 58-69 05/06/97
32. Tony Mackall VA B 64 02/20/98
33. Reginald Powell MO B 65 02/25/98
34. Robert Carter TX B Mild MR 05/18/98
35. Dwayne Allen Wright VA B MR/MI 10/14/98
36. Ronald Yeats VA W 70 04/29/99
37. Norman Lee Newsted OK W MR/MI 07/08/99
38. Raymond James Jones TX B MR 09/01/99
39. David R. Leisure MO W 74 09/01/99
40. Charles Anthony Boyd TX B 64 08/5/99
41. Willie Sullivan DE B 58-70 09/24/99
42. Oliver Cruz TX L 64-76 08/09/00
43. Wanda Jean Allen OK B 69 01/11/00
44. Robert Clayton OK W 68 03/01/01





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