Urgent Action

UA-Nr: UA-123/2008-1
AI-Index: AMR 51/060/2008
Datum: 11.06.2008

TODESSTRAFE / RECHTSLAGE

Weitere Informationen zu UA-123/08 (AMR 51/039/2008, 9. Mai 2008) USA (Virginia):

Herr Percy Levar Walton, 29 Jahre, schwarz

Der Gouverneur von Virginia, Timothy Kaine, hat das Todesurteil gegen Levar Walton umgewandelt. Der psychisch schwer kranke Percy Levar Walton, sollte am 10. Juni 2008 in Virginia hingerichtet werden. Er leidet unter anderem an paranoid-halluzinatorischer Schizophrenie. Er war 1997 wegen Mordes an einem weißen Ehepaar, der 81-jährigen Elizabeth Hendrick und des 80-jährigen Jesse Hendrick, sowie an dem 33-jährigen Schwarzen Archie Moore zum Tode verurteilt worden.

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Zur Begründung des Gouverneurs von Virginia (englisch):

On 9 June, Governor Timothy Kaine issued a statement that "the question of Walton's mental status is of the utmost importance in assessing whether the Commonwealth [of Virginia] may carry out his death sentence. For this reason, the court system has wrestled with the question of whether Walton's mental capacity imposes a bar to his execution. Notwithstanding consistent decisions upholding his conviction, the courts found it necessary to carefully examine whether Walton's death sentence could be carried out consistent with the U.S. Constitution."

Governor Timothy Kaine noted that in 2006, when he had previously delayed Walton's execution so that his competence could be evaluated, "I was compelled to conclude that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence. Because one could not reasonably conclude that Walton was fully aware of the punishment he was about to suffer and why he was to suffer it, I decided that his execution could not proceed at that time."

Governor Timothy Kaine said that he had concluded that commutation was not appropriate at that time because it was "within the realm of possibility" that Levar Walton's mental health could improve. However, in the time since then, "there has been no discernible improvement in Walton's condition and no evidence that his mental impairment is temporary. Walton differs in fundamental ways from other death row offenders. He lives in a self-imposed state of isolation that includes virtually no interest in receiving or understanding information. Walton communicates only infrequently, almost invariably in response to direct questions, and those responses are minimal in nature. He has nothing in his cell other than a mattress, a pillow and a blanket. He shows no interest in contact with the outside world and has no television, radio, magazines, books or stationery. He has no personal effects of any kind. This minimal existence has been in evidence for the past five years."

Governor Timothy Kaine concluded that "In light of this information, I am again compelled to find that one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it. Given the extended period of time over which Walton has exhibited this lack of mental competence, I must conclude that a commutation of his sentence to life in prison without possibility of parole is now the only constitutionally appropriate course of action."

Governor Timothy Kaine stated that although Walton's mental incompetence was enough on its own to warrant commutation, there were other issues that he had considered when making the clemency decision. He noted that since Walton's trial the US Supreme Court had ruled that the execution of someone with mental retardation or someone who was under 18 years old at the time of the crime was unconstitutional. Walton was less than two months past his 18th birthday when he committed the crimes, and was already suffering from mental illness at the time. Governor Timothy Kaine also noted that in his most recent IQ test, Walton's IQ had been assessed at 66, within the mental retardation range.

In reaching his decision to commute the death sentence to life imprisonment without the possibility of parole, Governor Timothy Kaine said "I remain mindful of the terrible injustice that Walton perpetrated against Jessie E. Kendrick, Elizabeth W. Kendrick, and Archie D. Moore, Jr. My thoughts and prayers are with the families of these honourable people."

Quelle

http://www2.amnesty.de/internet/deall.nsf/AlleDok/F8AA2D74C9282605C125746B0031346c?open

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