Texas executes man despite low IQ claims

Marvin Wilson, in a 2006 file photo / AP Photo

(AP) HUNTSVILLE, Texas - A Texas man convicted of killing a police informant was executed Tuesday evening after the U.S. Supreme Court rejected arguments that he was too mentally impaired to qualify for the death penalty.

Marvin Wilson, 54, was pronounced dead 14 minutes after his lethal injection began at the state prison in Huntsville. Wilson's attorneys had argued that he should have been ineligible for capital punishment because of his low IQ.

In their appeal to the high court, his attorneys pointed to a psychological test conducted in 2004 that pegged Wilson's IQ at 61, below the generally accepted minimum competency standard of 70.

But lower courts agreed with state attorneys, who argued that Wilson's claim was based on a single test that may have been faulty and that his mental impairment claim isn't supported by other tests and assessments of him over the years.

The Supreme Court denied his request for a stay of execution less than two hours before his lethal injection began. Lead defense attorney Lee Kovarsky said he was "gravely disappointed and saddened" by the ruling, calling it "outrageous that the state of Texas continues to utilize unscientific guidelines ... to determine which citizens with intellectual disability are exempt from execution."

High Court to allow execution of "low-IQ" inmate

Wilson was convicted of murdering 21-year-old Jerry Williams in November 1992, several days after police seized 24 grams of cocaine from Wilson's apartment and arrested him. Witnesses testified that Wilson and another man, Andrew Lewis, beat Williams outside of a convenience store in Beaumont, about 80 miles east of Houston. Wilson, who was free on bond, accused Williams of snitching on him about the drugs, they said.

Witnesses said Wilson and Lewis then abducted Williams, and neighborhood residents said they heard a gunshot a short time later. Williams was found dead on the side of a road the next day, wearing only socks, severely beaten and shot in the head and neck at close range.

Wilson was arrested the next day when he reported to his parole officer on a robbery conviction for which he served less than four years of a 20-year prison sentence. It was the second time he had been sent to prison for robbery.

At Wilson's capital murder trial, Lewis' wife testified that Wilson confessed to the killing in front of her, her husband and his own wife.

"Don't be mad at Andrew because Andrew did not do it," Lewis' wife said Wilson told them. "I did it."

Lewis received a life prison term for his involvement.

The Supreme Court issued a ruling in 2002 outlawing the execution of the mentally impaired, but left it to states to determine what constitutes mental impairment. Kovarsky argued that Texas is trying to skirt the ban by altering the generally accepted definitions of mental impairment to the point where gaining relief for an inmate is "virtually unobtainable."

State attorneys say the court left it to states to develop appropriate standards for enforcing the ban and that Texas chose to incorporate a number of factors besides an inmate's IQ, including the inmate's adaptive behavior and functioning.

Edward Marshall, a Texas assistant attorney general, said records show Wilson habitually gave less than full effort and "was manipulative and deceitful when it suited his interest," and that the state considered his ability to show personal independence and social responsibility in making its determinations.

"Considering Wilson's drug-dealing, street-gambler, criminal lifestyle since an early age, he was obviously competent at managing money, and not having a 9-to-5 job is no critical failure," Marshall said. "Wilson created schemes using a decoy to screen his thefts, hustled for jobs in the community, and orchestrated the execution of the snitch, demonstrating inventiveness, drive and leadership."

Wilson's lawyers also had argued that additional DNA tests should be conducted on a gray hair from someone white that was found on Williams' body, suggesting someone else killed him. Wilson, Williams and Lewis are black.

Ed Shettle, the Jefferson County assistant district attorney who prosecuted Wilson, dismissed the theory of another killer as a "red herring."

Wilson was the seventh person executed by lethal injection in Texas this year. At least nine other prisoners in America's most active death penalty state have execution dates in the coming months, including one later this month.

[dudleysharp_]

THE DEATH PENALTY: SAVING MORE INNOCENT LIVES

Of all endeavors that put innocents at risk, is there one with a better record of sparing innocent lives than the US death penalty? Unlikely.

1) The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2012/03/death-penalty-saving-more-innocent.html

2) Innocents More At Risk Without Death Penalty
http://prodpinnc.blogspot.com/2012/03/innocents-more-at-risk-without-death.html

[dudleysharp_]

He was not mentally retarded.

"The following evidence was presented in two hearings during the state habeas proceedings."

"Wilson presented school and prison training records, including standardized testing results. Five I.Q. scores are reflected in those reports. The first I.Q. test, the Lorge-Thorndike, was administered by Wilson's school when he was approximately 13 years old. Wilson's full-scale score on this test was 73. At age 29, Wilson was given an I.Q. test by the Texas Department of Criminal Justice and scored 75. In April 2006, when Wilson was 46 and during the post-conviction proceedings, Wilson scored 61 on the WAIS III I.Q."

"Case: 09-70022 Document: 00511667534 Page: 10 Date Filed: 11/16/2011 test."

"On further testing by the defense, Wilson scored 75 on the Raven Standard Progressive Matrices and 79 on the TONI-II I.Q. tests. A score of 70 or below supports a finding of mental retardation. "

from

http://federal-circuits.vlex.com/vid/marvin-wilson-rick-thaler-director-332585578

[Talleywhackr]

As Rick Perry said in the primaries when asked about the death penalty, "when they get that far in jail they are bad men and deserve the death penalty." He basically said, paraphrased, I don't care if DNA proves they are innocent, or if they are mentally incompetent, we are going to give them what the penalty says-death penalty.
We already know most all politicians are stupid, but cunning and absolutely fabulous liars. So they would make great criminals, stealing and lying and taking bribes and such.
Wait, that is what they do - sell their influence. Remember Tom Delay, and many others.

[bigmanfrommaine]

Whether or not this person was slightly above or below the IQ limit for execution, his death does expose the fact that is is not just the 'worst of the worst' who receives the ultimate punishment. It is more likely to be the poor uneducated fool who seems disposable to the Southern mind.

[thehomelessguy]

I'm completely against the death penalty for several reasons, but mostly because it's cheaper to give them live in prison - oh and because it doesn't deter crime. But still, the logic escapes me on the low IQ defense. My 7 year old knows that it's wrong to kill. She freaks out when I just catch and kill a mouse. Low IQ people know that it's wrong to kill as well and anyone else.

[Sweetlady238]

What bothers me about the death penalty is that there are criminals who do far heinous crimes involving murder (although any murder is heinous in and of itself) of more than one person--including children--yet they don't get the death penalty. Getting the death penalty depends on whether you can afford a good capital punishment attorney or a deal is made with the DA, so long as the defendant enters a guilty plea. The truly innocent person hardly stands a chance if they're poor AND illiterate.

[stupa5]

This cowboy state would execute anyone who peed in their pants if it was against the law!
Texas motto.."due the crime and we'll hang em high!"

[erichsh]

Was Marvin Wilson your English teacher?

[lillyhorton]

What kind of woman marries a man with a 60 IQ? That man played dumb unless grade school records show otherwise.

[Sweetlady238]

@lillyhorton - Another "slow" person, of course. They need love too.

[credibility2]

Even if this were true, the guy knew enough to kidnap the cop, pull the trigger and murder the cop, so his IQ was substantial enough for him to know what he was doing. There's no excuse for this guy other than he was a cop hating cold blooded murderer. He got what he finally deserved after being allowed to live too many years.

[omnibus66]

Obviously you didn't even read the article before spewing your NRA knee jerk comment. He killed a police INFORMANT, not a cop. Geezz.

[andyk1234]

Though the NRA might have given you marching orders to call him a cop, it was a guy who ratted someone (probably him) out to the cops. Though it doesn't make what he did right, I don't approve of slandering anyone, even a murderer.

[jerryomara]

I love my fellow Americans. Every time they open there mouth its abortion is wrong only god can take a life and then the majority show who they really are hypocritical idiots, whose IQ makes this poor guy look like he was in Mensa. Loosers all

[andyk1234]

It's totally based around race and class. Abortion's legality only affects people who can't afford to see a doctor on a regular basis. Any wealthy person can "arrange a miscarriage" with their doctor. It's just a right that rich people want to take away from people who can't see a doctor.

Just like this, if some white trust fund baby in a suit executed someone for ratting them out and we found out their IQ was at the level of an 8 year old, there'd be riots in the streets.