Court commutes retarded killer's death sentence (stabbed victim while she begged for her life)

Houston Chronicle ^ | April 22, 2004, 12:58AM | POLLY ROSS HUGHES

[Buffalo Bob]

AUSTIN -- The Texas Court of Criminal Appeals, for the first time in its history, commuted the death penalty of a murderer Wednesday because he is mentally retarded.

Willie Mack Modden, sentenced in the stabbing death of a mother of three in 1985, cannot be executed and will serve a life sentence for the murder instead.

The U.S. Supreme Court ruled in 2002 that executing the mentally retarded is unconstitutional.

"We conclude that the record supports the trial court's findings that the applicant is mentally retarded," the majority opinion stated in the 7-2 decision, noting the consistent test results of three separate experts on mental retardation.

Over the years, Modden's IQ tested between 58 and 64, and his reading, writing and arithmetic skills were tested at or below third-grade level. One expert also argued that Modden "lacks the cognitive and behavior controls necessary to regulate his behavior."

A dissenting opinion by Judge Barbara P. Hervey, joined by Judge Mike Keasler, argued that Modden's mental retardation claim was "unsubstantiated" and that his own testimony during his 1985 trial is the "best" evidence he isn't retarded.

At the trial's punishment phase, Modden told "how he robbed a convenience store clerk and stabbed her 16 times in the face and neck while she begged for her life and implored applicant to consider her three children," the dissent noted.

He testified he decided to kill her before he actually did and because he didn't want to leave a witness, the dissent added.

Modden's attorney, Gregory Wiercioch, said his client would have been eligible for parole by 2005 but agreed to plead guilty to several more crimes, meaning he will never leave prison under six consecutive life sentences.

That plea agreement was struck between Wiercioch and Angelina County District Attorney Clyde Herrington after consulting with the victim's family, Wiercioch said.

"I think the DA was very courageous about this," Wiercioch said. "There really is no doubt, whatever definition of mental retardation you want to give, Willie Mack Modden meets it."

Modden will be moved from death row at the Alan B. Polunsky Unit in Livingston within a few weeks and sent to a diagnostic unit before joining the general prison population, said prison spokeswoman Michelle Lyons.

The Court of Criminal Appeals emphasized that its decision to commute Modden's death sentence to life in prison was not in any way influenced by the plea bargain struck between the defense and prosecution.

The dissenting opinion said the appeals court should never become a party to such plea bargains because "allowing the parties to use a mental retardation claim not supported by the record as a bargaining chip to dispose of the case would not advance any evolving standards

[Buffalo Bob]

If ever there was a case of a man needing killing, it's this guy. I knew that when the New Butt Order (NBO) U.S. Supreme Court ruled in 2002 that executing the mentally retarded is unconstitutional, it would be used as a back-door method to end the death penalty. Clearly, it is becomming just that.

[NCPAC]

Agreed. Furthermore, I don't care whether a given individual is mentally retarded, temporarily insane, commits a crime of passion - whatever. If he/she kills,...he/she should be executed.

[BenLurkin]

BTTT

[HELLRAISER II]

This is B.S., we just had a similar case here in Alma, Ga where the Scumbag was sentenced to Life instead of the Death Penalty because of his mental capacity which to me rougly translates into were better off without them anyway. I knew the girl he killed personally and I would gladly put a cap in his @ss given the opportunity! One more point for the criminal and a loss for the victim, kind of makes you think leave the B@stard on the street and we'll take justice into our own hands, doesn't it?

[hunyb]

'He testified he decided to kill her before he actually did because he didn't want to leave a witness'

Premeditated MURDER! If he's smart enough to DECIDE to kill someone and then does it, he's smart enough for the chair!
This argument makes me so angry.

[man of Yosemite]

If it is indeed true that the mentally retarded are unaware of the wrongs that they may commit, why then are we not overwhelmed with the violence of the retarded? The fact of the matter is, they are less likely to commit crimes than normal people. You cannot assume that a retarded person must not be aware of his wrong.

[jpsb]

Bump

[Tacis]

This will be known as the Psychiatrist Wealth and Employment Decision. Every murderer in Texas prisons will now claim to be retarded and, eventually, attempt to extend the definition of retarded to cover any behavioral aberration.

One of the very few beauties of the Texas Crimnal Justice system is the fact that judges are elected, not appointed. Thus, we should be able to replace at least a couple of these idiots later this year.

[mtbopfuyn]

He testified he decided to kill her before he actually did and because he didn't want to leave a witness

That's why it's called the Texas Department of CRIMINAL Justice. The victims rarely get justice.

[Little Ray]

I still have yet to figure out why being "retarded" should be considered.
Only two questions should be considered:
Did the perp kill an innocent victim?
Does he remain a danger to other folks (including inmates)?

A "yes" to both earns him a fast trip to the gas chamber.

[mtbopfuyn]

http://www.dfw.com/mld/startelegram/news/state/8491942.htm?1c

The ruling in the Modden case comes a year after a lower court determined he is mentally retarded.

Modden is the first Texas inmate to have his death sentence commuted by the Court of Criminal Appeals since the U.S. Supreme Court ruled in 2002 that execution of mentally retarded inmates is unconstitutional.

He had twice been convicted and sentenced to die for killing Deborah Davenport, a 27-year-old mother of three, during a 1984 convenience store robbery in Lufkin.

In 2002, he was 3 1/2 hours from his scheduled execution when the U.S. Supreme Court intervened and ordered his case reviewed. The state appeals court then sent Modden's case back to the trial court to consider the retardation claims.

[CGTRWK]

When the unqualified want to go to college, intelligence tests are racist and don't measure "true intelligence", whatever that is.

When the unqualified stab a mother of three 18 times in the face and neck, the same intelligence tests are held up as proof of stupidity to the extent that one can't be held responsible for one's actions.

[mtbopfuyn]

Presiding Judge Sharon Keller - term expires '06

Judge Lawrence E. Meyers - term expires Dec. '04

Judge Tom Price - term expires '08

Judge Paul Womack - term expires '08

Judge Cheryl Johnson - term expires Dec. '04

Judge Michael Keasler - term expires Dec. '04

Judge Barbara Hervey - term expires '06

Judge Charles Holcomb - term expires '06

Judge Cathy Cochran - term expires '08

Meyers and Johnson's terms will expire this year and the voting public can decide their fates. Of the three who's terms will expire, Barbara Hervey will be the only one who'll recieve votes from this abode. Starting our voting list immediately and keeping it by the puter.

[mtbopfuyn]

Oops, make that Keasler who'll get our votes this year and Hervey gets them in two.

[Truth29]

Those involved in this comutation should burn in hell and the family is the victim should haunt them forever.

[rogue yam]

This bites. If the libs want for stupid people to not have to answer for their crimes, then those same dumbasses should have less right to live freely among the more intelligent. It makes no sense to give people all of the rights of being a free citizen and yet not require them to shoulder all of the responsibilities of same.