Inclusion Daily Express -- Jury Says Atkins Does Not Have Mental Retardation; Judge Sets Execution Date

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Jury Says Atkins Does Not Have Mental Retardation; Judge Sets Execution Date
By Dave Reynolds, Inclusion Daily Express
August 5, 2005

YORK, VIRGINIA--After deliberating for 13 hours over two days, a jury determined Friday that Daryl Renard Atkins does not have mental retardation.

The decision means that Atkins, who has been convicted of capital murder, can face the death penalty -- even though he won a U.S. Supreme Court case three years ago.

Upon reading the jury's verdict, Judge Prentis Smiley immediately scheduled Atkins' execution for December 2.

Atkins, 27, reportedly showed no emotion when the verdict was read, but later flashed a peace sign to his family and blew a kiss to his mother as he was escorted from the courtroom.

"We never disagreed that he was probably a slow learner," said York County prosecutor Eileen Addison. "That's not the same as being mentally retarded."

In Virginia, persons who score 70 or less on IQ tests by age 18 can be considered to have mental retardation. The scores on Atkins' IQ tests, which were all given after age 18, ranged from 59 to 76.

A psychologist brought in by the prosecution told the jury that Atkins showed no signs of intellectual disability when interviewed.

As examples, forensic clinical psychologist Stanton Samenow testified that Atkins told him he was good at algebra, even though Atkins failed math in school. Samenow said that when asked who was associated with the theory of relativity, Atkins answered, "Einstein." When asked who had painted the Sistine Chapel, Atkins correctly replied, "Michelangelo."

Testifying for the defense, Atkins' father told jurors that his son rode a bicycle with training wheels until age 10. A former high school football coach and English teacher testified that Atkins couldn't tell his left from his right when he tried to play football, and that he did not seem to understand the moral of a story.

"The only question was whether he had mental retardation. We established he did," said Atkins' attorney Richard Burr. "The jury rejected it. I don't know why."

Atkins was convicted in 1999 of murdering Airman 1st Class Eric Nesbitt. Co-defendant William A. Jones testified that Atkins shot Nesbitt eight times in 1996.

Jones' life was spared in exchange for his testimony against Atkins. Jones is serving a life term for his part in the crime.

Atkins' case went to the U.S. Supreme Court, which determined in June 2002 that executing convicts that have mental retardation is "cruel and unusual punishment" in violation of the Eighth Amendment to the Constitution.

The Supreme Court did not decide whether Atkins had mental retardation, nor did it tell Virginia -- or any state -- how to determine if somebody does have mental retardation.

Atkins' case was returned to the Virginia Supreme Court, which ordered a new jury to determine whether he had mental retardation and, therefore, whether he could be executed.

Atkins' attorneys are expected to file an appeal for a new competency hearing and other appeals if needed.

Related:
"Jury finds Atkins competent" (Virginia Gazette)
http://www.inclusiondaily.com/news/05/red/0805a.htm
"Daryl Atkins v. Virginia" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/laws/atkins.htm
"The Death Penalty and Mental Retardation" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/laws/deathpenalty.htm

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