Texas Governor Commutes Death Sentence

[muchacho]

HOUSTON (AP) - Gov. Rick Perry has commuted the death sentence of a Houston killer with an IQ estimated at 63 - a move required under a 2002 Supreme Court decision barring the execution of retarded inmates.

It was the first time Perry, a Republican who has presided over 81 executions since taking office in 2000, has commuted a death sentence.

Robert Smith, 36, will serve a life sentence for the 1990 murder of James Michael Wilcox. Wilcox, a transient living out of his truck, was shot to death after crossing paths with Smith and an accomplice as they fled a clothing-store robbery.

In January, District Attorney Chuck Rosenthal grudgingly recommended the inmate's sentence be commuted after his own expert diagnosed Smith as retarded. A judge concurred last month, the governor acted on Thursday.

``I recommended it because our expert looked at him and agreed he was retarded,'' Rosenthal said Friday, ``but here is a guy who had done a lot of things you'd think someone who was retarded could not handle. His lawyers at trial never brought it up because he never had any trouble'' assisting them.

Smith's attorneys said he has an IQ of 63, seven points below the retardation threshold.

http://www.guardian.co.uk/uslatest/story/0,1282,-3854294,00.html

[CO Liberal]

1. Hmmm....An IQ of 63.....

That usually gets you elected GOVERNOR in Texas.

:-)

[Gman]

7. Governor hell...

how about appointed president.

[Ilsa]

2. Then I'll give Perry credit for doing one thing right

in his entire tenure as governor. Executing the retarded is not acceptable. Period.

[I AM SPARTACUS]

4. NO CREDIT DUE - "move required under a 2002 Supreme Court decision"...

...I'd be willing to bet that the decision was "how much will it cost us - rePubes - if we blow-off the 2002 SCOTUS ruling in this case...".

...and I'd be willing to bet that they WOULD'VE blow-off the SCOTUS ruling if they thought that the cost wasn't too great.

[Ilsa]

6. Okay. No problem.

I guess I was hoping there was one decent thing about gov. goodhair, but I was wrong! ;)

[louis-t]

8. Never stopped b*sh.

[MidwestTransplant]

9. Perry didn't have a choice as this made clear

This guy's original attorneys should be disbared.

[Rex]

3. What? Perry grows a conscience?

Something is up.

[cardlaw]

5. Sad that

it took a SCOTUS decision to commute the death sentence of a retarded person.

[TahitiNut]

10. But the Repukes always say the Texas Governor doesn't have that power.

After all, that's the standard rejoinder when it's noted that Smirky McNarcissist never pardoned anyone or commuted their sentence. Did they have special laws limiting Smirky's authority when he was Governor? (That'd make sense.)

[argyl]

11. During the Karla Faye Tucker affair,his excuse was that only

The Parole Board could commute a death sentence.While this is probably true,I'm sure a little arm twisting by Smirk could have resulted in a different outcome,not only for her but for people whose guilt was in doubt.The SOB just enjoyed executing people.