Man set for execution today in 1989 slaying of neighbor - seeks stay from SCOTUS for retardation

The Dallas Morning News ^ | September 17, 2002 | By TANYA EISERER / The Dallas Morning News

[MeekOneGOP]

Texas Department of Criminal Justice

[MeekOneGOP]

Man set for execution today in 1989 slaying of
neighbor - seeks stay from SCOTUS for retardation

Ping a few Texans. The victim lived in Pleasant Grove, a Dallas suburb.

Please let me know if you want ON or OFF my Texas ping list!. . .don't be shy.
No, you don't HAVE to be a Texan to get on this list!

[MJY1288]

What's his chances? Methinks...ZILCH

[dighton]

"I didn't do it, nobody saw me, you can't prove anything, and I'm stupid."

[csvset]

The USSC determined that retarded killers are a protected class of citizen and that society would be much better keeping them around, perhaps they'll be released at a much later date so they can murder again.

They recently ruled that Daryl Renard Atkins was worth keeping around.

Here's an excerpt from a story..Daryl Atkins was convicted and sentenced to death for the robbery and capital murder of Eric Nesbitt. On the afternoon of Auguest 16, 1996, Atkins and his friend, William Jones, were drinking and smoking marijuana at Atkin's home. Later that evening Atkins and Jones walked to a nearby store to buy more beer. In the parking lot of the store, Atkins told Jones that he did not have enough money and would panhandle to get the money for the beer. Afterwards, Atkins and Jones abducted Eric Nesbitt (An Airman stationed at nearby Langley Air Force Base), and drove him to a field, where Atkins allegedly shot and killed him.

What this excerpt didn't mention is that the duo forced Nesbitt to withdraw money from an ATM. The film footage clearly shows the look of terror in his eyes.

A pox on the USSC.

Here's CourtTV's take on this case.

Supreme Court rules execution of the mentally retarded is unconstitutional

[4CJ]

A pox on the USSC.

Mental retardation is not an indicator of morality. Kill him.

[Illbay]

Uh-huh. "Retarded," but he earned a GED.

If he gets off, you can kiss justice GOOD-BYE!!!

[Illbay]

...Atkins and his friend, William Jones, were drinking and smoking marijuana...

"Retarded," my ***. He's a doper. It's difficult to distinguish between a "doper" and a retard.

[dpa5923]

Last week, he lost his battle for a DNA test of semen found at the crime scene. The Texas Court of Criminal Appeals ruled that a state district judge did not have the authority to order the testing, although Mr. Patrick's wife had agreed to pay for the test.

The court found that Mr. Patrick did not meet the law's requirement that there be a "reasonable probability" that the test might exonerate him.

Okay, call me a bleeding heart, but this I don't care for, particularly when the spouse agreed to pay for the test.

The statement by the Texas Court of Criminal Appeals makes it appear the intent of the court is not to determine quilt but rather to prevent the loss of a capital case. I say give him the test. If it exonorates him great, but if it doesn't, fry his ass.

[MeekOneGOP]

That was a very bad decision by SCOTUS, imho. Another example why we need to take back the Senate.

[MeekOneGOP]

I can't make any sense out of that part either.

[MissAmericanPie]

When did he get married? The account above says he was living with a girl friend. They found his knife in her throat, his bloody palm print on the bathroom window sill, her blood on his socks and toilette paper at his house, he signed a confession, and you think he should be given a DNA test.

There is some argument that DNA tests can be wrong, did you know that? In years past didn't they claim the lie detector test 100% accurate? Yeah, you may be a bleeding heart.=o)

[FITZ]

I can see the DNA test so they can be very sure, but the guy wasn't so retarded he didn't know how to flee the state ---retardation and mental illness shouldn't be excuses for rape and murder.

[Inge_CAV]

Smoke the SOB Today!!! NEXT!!!

[dpa5923]

Agreed. I am not suggesting that this guy should skate if he is a mental retard, just if the DNA test is available, give it to him.

I am kind of leary of the state saying "You don't need that test that could prove you innocent, we already know you are quilty."

[hopespringseternal]

The statement by the Texas Court of Criminal Appeals makes it appear the intent of the court is not to determine quilt but rather to prevent the loss of a capital case. I say give him the test. If it exonorates him great, but if it doesn't, fry his ass.

Given the preponderance of evidence, testing him would be about validating DNA testing rather than freeing him.

For him, the DNA test is about a few more weeks of life.

[jpl]

Thank God it's Fry-day.

[AxelPaulsenJr]

"I am sorry that this happened," he wrote in his confession. "I think that I need some serious help."

Yeah dude, were gonna help you, with some serious drugs.

[BearCub]

There is some argument that DNA tests can be wrong, did you know that? In years past didn't they claim the lie detector test 100% accurate? Yeah, you may be a bleeding heart.=o)

I'm quite sure you wouldn't make that argument if the DNA test was being used to convict someone. There is no reason a DNA test shouldn't happen if he (or his wife) are willing to pay for it.

-bc

[deport]

Looks like ol' Jesse Joe gained a few pounds since his incarceration photo..... the Ellis Unit grub must be to his liking.