Historic Texas Case Ends with Life Sentence
From the Death Penalty Information Center and AP:
On February 15, a mentally retarded man in Texas accepted a life sentence for a murder that occurred over 28 years ago. Johnny Paul Penry was originally sentenced to death for the sexual assault and murder of Pamela Mosley Carpenter. Penry's death sentence was overturned twice by the U.S. Supreme Court. Prior to the plea agreement, the prosecution was insisting on a fourth capital sentencing hearing for Penry.
In 1989, the U.S. Supreme Court ruled that although the execution of the mentally retarded was not constitutionally banned, the law in Texas did not give mentally retarded defendants sufficient protection to ensure that their disability was considered as a mitigating factor (Penry v. Lynaugh). Penry was again sentenced to death and again the sentence was overturned by the U.S. Supreme Court in 2001 (Penry v. Johnson). In 2002, the U.S. Supreme Court in Atkins v. Virginia held that the execution of defendants with mental retardation was unconstitutional. Nevertheless, Texas continued to seek a death sentence for Penry, whose IQ has been measured between 50 and 63, well into the mental retardation range. In 2005, the Texas Court of Criminal Appeals overturned Penry's latest death sentence.
