Mental retardation claim could halt scheduled Tuesday execution - Execution Tonight 6-11-2002

The Associated Press ^ | June 11, 2002 | The Associated Press Staff

[MeekOneGOP]

Mental retardation claim could halt scheduled Tuesday execution

The Associated Press

Web Posted : 06/11/2002 5:47 AM

Attorneys for a Texas death row inmate facing execution Tuesday night contended the condemned killer's mental retardation should spare him from lethal injection for an East Texas murder almost 18 years ago.

Willie Mack Modden, who grew up in the Jasper area, was sentenced to die for the July 29, 1984, fatal stabbing of Deborah Davenport, 27. The Lufkin mother of three had been filling in for a co-worker when she was robbed and killed while working the late shift at a Lufkin convenience store.

Last month, the U.S. Supreme Court halted the executions of two other Texas inmates who raised similar claims about mental retardation. The high court has been reviewing a Virginia case that challenges the constitutionality of executing mentally retarded people and a decision is expected at any time.

Modden would be the 16th Texas inmate executed this year, one fewer than the total for all of last year. Another execution is set for Thursday and three more are scheduled for later in June.

In the case of Modden, now 54, evidence showed Davenport used her own quarter to buy a 10-cent cup of coffee for him. Witnesses who were buying gasoline identified Modden as inside the store just before 2 a.m. Another customer a few minutes after 2 a.m. found Davenport behind the counter, stabbed 18 times in the face and neck.

Modden got about $80.

[MeekOneGOP]

If I were a betting person, I would bet this one gets delayed........

Texas Department of Criminal Justice
Scheduled Executions
http://www.tdcj.state.tx.us/stat/scheduledexecutions.htm

http://www.tdcj.state.tx.us/statistics/deathrow/drowlist/moddon.jpg

[Clara Lou]

Let's see.... I'm trying to think of a legitimate reason that this should be delayed. I can't come up with a single one. He was smart enough to walk to the store. He was smart enough to plan ahead and carry a knife. Ummmm.... Nope, I can't think of a single reason to delay.

[MotherSpector]

How can it be that everyone on death row in Texas is all of a sudden mentally retarded?

[TheBattman]

How can it be that everyone on death row in Texas is all of a sudden mentally retarded?

It's really quite simple and obvious - they see that as a possible out.

What I don't see is - how mental retardation is a defense against being executed for a capitol offense. AS was pointed out by another poster - He was able to think clearly enough to take a knife and actually commit the crime. He is obviously a danger to society (just check ou this priors on that rap sheet).

Personally, I think this mental retardation excuse is the next fashoinable defense, as juries are buying the "insanity" plea less these days.

[JudyB1938]

It's hard to prove insanity, but an IQ test is a good indicator as to whether the person is retarded or not. I don't care. Diminished capacity should NOT be an excuse to get away with DELIBERATE murder.