Posted on 04/26/2005 7:18:34 AM PDT by LIBERATENJ
Killer: Retardation should overturn Kanka case conviction
ASSOCIATED PRESS
TRENTON, N.J. — The man in prison for raping and murdering Megan Kanka should have his conviction and death sentence overturned because he is "borderline mentally retarded," according to his lawyer.
The argument stems from a U.S. Supreme Court decision and is part of the latest appeal of death-row inmate Jesse Timmendequas, the sex offender convicted of the 1994 kidnapping and strangulation of his 7-year-old neighbor in Hamilton.
The case led the nation and many states to adopt Megan's Laws, in which the names and addresses of sex offenders are made public.
Timmendequas, 38, was in court Monday as his public defender, William B. Smith, asked state Superior Court Judge Maria Marinari Sypek for a hearing to present evidence of the inmate's mental ability.
Smith also argued that defense lawyers for Timmendequas were ineffective because they failed to raise mental retardation during the penalty phase of his trial. He also claimed Timmendequas' mother was retarded.
"That is simply not true," Assistant Mercer County Prosecutor Dorothy Hersh said. "She tested at 73 (on the intelligence quotient), one point lower than the defendant."
Hersh said there was no need for a hearing. "There is no evidence of retardation," she said.
People are considered mildly mentally retarded if they have an IQ from 52 to 68 points.
The Supreme Court in 2002 ruled that mentally retarded people could not be executed.
Sypek made no immediate ruling. VMaureen Kanka, Megan's mother, told The Times of Trenton in Tuesday newspapers that she believes the conviction and death sentence will be upheld.
He was smart enough to commit the crime.
All rapists and murderers are retarded, regardless of their IQ.
So that's the theory that lets Democrats get away with their crimes!
Then put him in a mental asylum for the criminally insane for life
Why should they even bother - it's New Jersey: he'll never be executed anyway.
Exactly! Why should alleged mental retardation mitigate this horrible act?
Number of death row inmates claiming to be retarded; all
Actual number of retarded killers; none
Death penalty; priceless.
My personal point of view is, people who commit crimes for reasons such as "insanity" or "retardation" are significantly more dangerous to the public than those who are coherent and know exactly what they are doing.
Case in point, who would you rather have out on the street, Jesse Timmendequas or Scott Peterson? Neither of course, but at least I know my kids are not at risk from a free Scott Peterson, but those that are insane, I don;t knwo what to expect.
I am in no way attempting to mitigate Scott Peterson's crimes... but these people with alleged illnesses or developmentally disabled are no more eligible to participate in society than a man who kills his wife and poses no threat to anyone else.
If they don't execute anyone else, they should execute this guy.
Just like the sludge that escapes the DP because they were on drugs at the time. As if the drugs made the slime commit the crime. I say drug use makes it all the MORE necessary to execute these savages.
So now, we have "creeping" standards for retardation (aka, freedom to commit crimes).
I don't care what the mental state of a criminal is. If he commits the crime he should be punished. Rape and murder deserves a hideous and painful death. Too bad we don't have the guts anymore.
Imagine what the world would look like at that level of intelligence. Every day would be like entering a difficult maze.
On the other hand, she was well qualified to be in the O.J. jury pool.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.