By Gislaine Williams
Statewide Advocacy Coordinator
Community advocates gathered in vigils across the state yesterday as Texas carried out the controversial execution of Marvin Wilson Tuesday evening. The United States Supreme Court refused to stop the execution, despite significant evidence that Mr. Wilson was intellectually disabled. In its 2002 case Atkins v Virginia, the Court ruled that executing people with intellectual disabilities violates the Eight Amendment’s ban on cruel and unusual punishment.
With an IQ of 61, Mr. Wilson was declared intellectually disabled by a board-certified neuropsychologist. Texas argued that Wilson was not intellectually disabled using its own standards, known as the “Briseño factors” – standards that are not used by medical professionals and that the American Association on Intellectual and Developmental Disabilities called “fundamentally incompatible with the scientific and clinical understanding of intellectual disability.”
The family of author John Steinbeck also issued an appeal to stop the execution. The Texas Court of Criminal Appeals used Lennie Small, a mentally handicapped character in Steinbeck’s novella Of Mice and Men, as a benchmark in the case establishing the Briseño factors. Thomas Steinbeck wrote that his father’s “work was certainly not meant to be scientific, and the character of Lennie was never intended to be used to diagnose a medical condition like intellectual disability.”
Lee Kovarsky, attorney for Mr. Wilson, released this statement once the US Supreme Court denied a stay of execution:
We are gravely disappointed and profoundly saddened that the United States Supreme Court has refused to intervene to prevent tonight’s scheduled execution of Marvin Wilson, who has an I.Q. of 61, placing him below the first percentile of human intelligence. Ten years ago, this Court categorically barred states from executing people with mental retardation. Yet, tonight Texas will end the life of a man who was diagnosed with mental retardation by a court-appointed, board certified specialist. Read the full statement.
Mr. Wilson, 54, was sentenced to death for the 1992 murder of Jerry Williams. His execution marks the 484th execution in Texas since the death penalty was reinstated in 1976. It is the 245th execution under Governor Rick Perry. There are currently nine more executions scheduled for 2012.
Learn more about the Texas death penalty at the Criminal Law Reform campaign website.
Tell Texas to stop executions: Take action here
Find a vigil near you: Texas Coalition to Abolish the Death Penalty vigil schedule