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High court hears case of mentally retarded man on death row

Penry was sentenced to die for the 1979 rape and murder of Pamela Moseley Carpenter.

LIVINGSTON, Texas (CNN) -- The U.S. Supreme Court heard oral arguments Tuesday in the case of Johnny Penry, who is on Texas' death row for the 1979 rape and murder of Pamela Moseley Carpenter.

The fact that Penry raped the 22-year-old and stabbed her to death with the scissors she had used to try to defend herself, is not disputed.

Rather, the issue before the justices is whether Texas considered Penry's mental capacity as a mitigating factor in his case. Penry is considered mildly to moderately retarded with an IQ of between 51 and 63.

ALSO Court Report with Charles Bierbauer: Is death row any place for the mentally retarded?  FULL TEXT • Texas Department of Criminal Justice offender information sheet for John Penry  VIDEO Watch excerpts from CNN's interview with Texas death row inmate Penry  STATE-BY-STATE States permitting the execution of mentally retarded convicts State-by-state guide to the death penalty  CASE FILE Death Penalty and DNA  MESSAGE BOARD Do the mentally retarded belong on death row? Death penalty

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It is the second time Penry's case has reached the Supreme Court. In 1989 the court ruled that executing someone who is mentally retarded did not violate the Eighth Amendment ban on "cruel and unusual punishment." The ruling did leave open the possibility that "evolving standards of decency" could change the court's view.

Penry was granted a new trial and sentenced to die a second time.

If the Supreme Court does not rule in Penry's favor Texas will set a new execution date.

In an exclusive television interview with CNN Senior Washington Correspondent Charles Bierbauer, Penry said he hoped that the court would grant him mercy and that he did not understand why he had to be sentenced to die.

The Associated Press reports that Carpenter's family is frustrated that Penry's case has gone on for so long.

"I don't understand," Ellen May, Carpenter's niece said. "I feel like if you do something wrong you have to face the consequences of your actions."

"If we have to accept commutation, I won't be happy," May said. "Hopefully (the Supreme Court) will come back and say this is already discussed and reiterate their ruling, that mitigating circumstances have to be considered and were considered."

In his interview with CNN's Bierbauer, Penry says he never finished the first grade and that he suffered severe abuse at the hands of his mother. He also describes his life on death row and talks about the people who have supported him as his case moved through the courts.

Watch excerpts from the interview.

U.S. Supreme Court to review death penalty for retarded
March 26, 2001
U.S. Supreme Court rejects emergency appeals in Texas double execution
August 9, 2000

Web site by Pamela Moseley Carpenter's family
MurderVictims.com
National Center for Victims of Crime
Justice For All
ACLU and Death Penalty
Death Penalty Information Center
American Association on Mental Retardation

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