Legal Commentary

Va. Gov. Halts Execution, Commutes Death Sentence

By Jeralyn

Percy Levar Walton was scheduled for execution tomorrow. Virginia Governor Timothy Kaine today commuted his sentence to life without parole.

Walton has a history of mental isslness that has gotten progressively worse while in prison. Kaine determined Walton is mentally incompetent, not fully aware of the punishment he is about to suffer and why he is to suffer it. While Kaine issued temporary stays for Walton in the past, today he issued his final decision and commuted the sentence.

Gov. Kaine's statement is here.

"After reviewing the information, I was compelled to conclude that Walton was seriously mentally impaired and that he met the Supreme Court's definition of mental incompetence. Because one could not reasonably conclude that Walton was fully aware of the punishment he was about to suffer and why he was to suffer it, I decided that his execution could not proceed at that time.

...."Over the course of those 18 months, there has been no discernible improvement in Walton's condition and no evidence that his mental impairment is temporary. Walton differs in fundamental ways from other death row offenders. He lives in a self-imposed state of isolation that includes virtually no interest in receiving or understanding information. Walton communicates only infrequently, almost invariably in response to direct questions, and those responses are minimal in nature. He has nothing in his cell other than a mattress, a pillow and a blanket. He shows no interest in contact with the outside world and has no television, radio, magazines, books or stationery. He has no personal effects of any kind. This minimal existence has been in evidence for the past five years.

Full post as published by TalkLeft on June 09, 2008 (boomark / email).