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Texas Gov. Vetoes Execution Ban Bill

By NATALIE GOTT, Associated Press Writer

AUSTIN, Texas (AP) - Gov. Rick Perry knew the spotlight was on the Texas criminal justice system when he vetoed a bill to prohibit the state from executing mentally retarded killers.

But, he says, Texas does not execute mentally retarded inmates, despite what others say.

"That has been a fallacy that has been promoted by many inside this state and many outside of this state," Perry said Sunday as he vetoed the bill.

Perry's action ran counter to a trend among states that have the death penalty. Fifteen other states have bills banning the execution of the mentally retarded.

Texas bill sponsor Sen. Rodney Ellis, who contends the state has executed six retarded defendants, called the veto embarrassing.

"It gives us the appearance of being barbaric," Ellis said. "Gov. Perry had an historic opportunity to show the world that we are not only tough on crime, but fair and compassionate as well. He missed that opportunity."

Perry's veto came on the last day he could sign or veto bills before they became law without his signature.

He said he vetoed the bill because he wanted juries to continue making the determination of whether a person is mentally retarded. The bill, he said, would give judges the power to overturn a jury's decision.

"It basically tells the citizens of this state 'we do not trust you to get it right,'" Perry said.

Under the bill, if the jury did not determine a person was mentally retarded, a defense attorney could petition the judge to consider the issue. Two experts would be assigned to make a determination.

If the evidence shows the person is mentally retarded, the judge would be required to issue a sentence of life in prison.

"It sends inconsistent messages," Perry said. "It says to juries 'we trust your judgment if you determine that a defendant does not have the mental capacity to understand what that means. But we don't trust you when you determine that he does have the mental capacity to understand and be accountable for his actions.'"

Current Texas law takes into account whether a defendant is competent to stand trial, including whether the defendant can aid his own defense, and whether a defendant was insane, unable to distinguish right from wrong, when the crime was committed. Plus, a jury can consider retardation as a mitigating circumstance during sentencing.

Mental retardation should be a defining issue, not a mitigating factor, Ellis said in a statement.

Texas, the country's No. 1 death penalty state, has executed eight people this year and 247 since 1982.

According to the Death Penalty Information Center, Texas has executed six retarded defendants since 1982, two of them while President Bush was governor.

Prosecutors dispute that claim, saying the two men executed during Bush's governship both tested higher on additional IQ tests. Perry said the four others did not raise mental retardation as an issue during their trial.

The bill was one of the most contentious for Perry in his first term as governor.

Supporters of the bill, who held numerous news conferences to drum up support for it, said the ban was an issue of humanity.

Crime victims joined prosecutors in pleading for the veto, saying a ban would open the door for unprecedented, and unwarranted, appeals.

The U.S. Supreme Court is expected to rule this fall on a North Carolina case that could outlaw executions of retarded killers.

Perry said he believes a Supreme Court ruling outlawing executions of the mentally retarded would have no effect on Texas law.