An hour before the scheduled execution of Virginia death row inmate Percy Levar Walton, Governor Tim Kaine (pictured) issued a temporary stay to allow time for an independent inquiry to determine whether Walton is too mentally ill to be executed. “Due to the history of judicial concern about his mental status, the claims in Walton’s clemency petition are entitled to serious consideration. It would be imprudent to either proceed with the execution or grant clemency without further review,” Kaine said in a statement issued as he ordered Walton’s scheduled execution be delayed for six months.

Legal and mental health experts have debated Walton’s mental illness status since his capital conviction nearly a decade ago. During a 2003 hearing, Walton misstated key facts about his cases and repeatedly gave irrational answers when questioned by attorneys. A psychiatrist testified at that proceeding that Walton believed he would ride a motorcycle to Burger King after he was put to death. Walton’s defense attorneys noted that their client has exhibited signs of mental illness since he was 16 and that his IQ was measured at 66 in 2003. Psychiatrists generally consider someone with an IQ below 70 to be mentally retarded.

Gov. Kaine’s statement appears below.

(Washington Post, June 9, 2006). See Mental Illness and Executions.

COMMONWEALTH OF VIRGINIA
Office of the Governor
Timothy M. Kaine
Governor
FOR IMMEDIATE RELEASE
June 8, 2006

Contact: Kevin Hall
Phone: (804) 225-4260
Cell Phone: (804) 393-9406
Internet: www.governor.virginia.gov

STATEMENT OF GOVERNOR TIMOTHY M. KAINE
~ On the scheduled execution of Percy Levar Walton ~


RICHMOND — Governor Timothy M. Kaine issued the following statement on the scheduled execution of Percy Levar Walton by the Commonwealth of Virginia:

“Percy Levar Walton was convicted of the murders of Jessie E. Kendrick, Elizabeth W. Kendrick, and Archie D. Moore, Jr. between November 19 and 28, 1996. He killed these three innocent people in their homes * where people should feel most secure from acts of violence. Mr. Walton admitted that he committed these horrific crimes and, after pleading guilty, was sentenced to death.

“Given the nature of these crimes, I have no reason to question the prosecutor’s decision to seek the death penalty or the judge’s decision that death was an appropriate sentence. In addition to the death sentence, Walton was sentenced to life sentences for each of three robbery convictions, ten years for burglary, and three years for each of six firearms convictions.

“State and federal courts have consistently upheld Walton’s convictions. However, courts considering his death sentence have struggled with the question of whether his mental capacity imposes a bar to his execution.

“It is unconstitutional to execute a person who is mentally incompetent. The U.S. Supreme Court has held that a person must have sufficient mental capacity to understand the punishment he is about to suffer, and why he is to suffer it.

“A few days before Walton’s scheduled execution date of May 28, 2003, the U.S. District Court for the Western District of Virginia granted Walton a stay of execution in order to determine Walton’s mental competence. In July 2003, following extensive submission of evidence about Walton’s mental state from 1997 through 2003, the court ruled that he was competent to be executed. A three-judge panel of appellate judges of the United States Court of Appeals for the Fourth Circuit vacated the lower court ruling, directing a broader inquiry into Walton’s mental state. Before that inquiry took place, the entire court reconsidered the panel’s decision in an en banc review. The en banc Court found Walton competent to be executed by a narrow 7-6 majority.

“In issuing its ruling, the Fourth Circuit properly limited its consideration to the evidence before it regarding Walton’s mental state as of 2003. However, three years have passed since the evidence was presented. Walton’s clemency petition presents significant information suggesting that he has schizophrenia, that such a mental illness can cause serious deterioration of mental competence, and that there is more than a minimal chance that Walton no longer knows why he is to be executed or is even aware of the punishment he is about to receive. Due to the history of judicial concern about his mental status, the claims in Walton’s clemency petition are entitled to serious consideration.

“In order to comply with the law forbidding execution of a mentally incompetent person and to insure just application of Virginia’s capital punishment statute, it is important to have current and independent information about Walton’s mental condition. It would be imprudent to either proceed with the execution or grant clemency without further review.

“Therefore, I have decided to delay Walton’s execution date until December 8, 2006, for the purpose of conducting an independent evaluation of his mental condition and competence, on terms and conditions prescribed by this office.”

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