A man convicted of slaying two people and critically injuring a third in a drug house shooting was executed on Tuesday evening by Texas officials, despite evidence that he suffered from mental retardation.
Milton Mathis, 32, was sentenced to death in 1999, three years before the U.S. Supreme Court ruled that execution of the mentally retarded violated the Constitution's prohibition on cruel and unusual punishment.
Intelligence tests, including one given by the Texas Department of Corrections in 2000, measured Mathis's IQ in the low 60s, well below the threshold for mild mental retardation as recognized by almost all states.
In 2005, however, a Texas court rejected his claims of mental impairment, siding with prosecutors who characterized Mathis as a "street smart" criminal whose behavior indicated near-normal intelligence. Federal and state courts declined to overturn the verdict, clearing the way for his execution by lethal injection at the Texas Department of Criminal Justice in Hunstville. A last-ditch petition by Mathis's attorneys requesting a stay of execution and a review of his case was rejected without comment by the Supreme Court late Tuesday afternoon.
Mathis was pronounced dead at 6:53 p.m.
"The system has failed me," he said in a final statement, according to prison officials.
A spokeswoman for Texas Governor Rick Perry, a Republican who is weighing a run for the presidency, said the governor could not offer clemency or a reprieve in the case without a positive recommendation from the Texas Board of Pardons and Paroles, which voted on Monday to reject a reprieve for Mr. Mathis. Members of the board are appointed by the governor.
In 2001, Gov. Perry vetoed a bill passed by the Texas legislature banning the execution of the mentally retarded, saying that the state's judicial system already contained adequate protections for such defendants. Supporters of the bill disagreed, pointing to evidence indicating that at least a half-dozen prisoners with mental deficiencies had been executed since 1990.
Since taking office in December 2000, Gov. Perry has overseen more than 230 executions, more than any other U.S governor in modern history. Mathis was the 6th inmate put to death in Texas this year, and the 23rd in the nation.
In an editorial last week in the Dallas Morning News, former Texas governor Mark White (D) called on Perry to authorize a temporary reprieve for Mathis to examine his claims of mental retardation.
"Mathis has suffered from obvious mental disabilities since childhood," wrote White. "He failed the first, fifth and eight grades and dropped out of high school in ninth grade."
"The governor of Texas is authorized by law to take action to prevent precisely this sort of injustice," he wrote.
Fred Felcman, an assistant district attorney for Fort Bend County who led the prosecution of Mathis, disputed White's claims, saying Mathis's mental deficits were not severe enough to disqualify him from the death penalty.
"We don't execute people who are mentally retarded," Felcman said. "The guy is street smart."
Felcman attended the execution in Huntsville at the request of Melanie Almaguer, he said, who was paralyzed from the chest down at age 15 after being shot in the face by Mathis.
Steven Rocket Rosen, who defended Mathis in his original trial, said there was "no excuse" for the actions of his client. But he said Mathis's mental problems were severe and had been aggravated by heavy drug use from a young age.
According to court records, Mathis began smoking PCP and marijuana soaked in formaldehyde, known as "fry," as early as age 12.
"The guy is off, way off," Rosen said. "He's retarded. They should have offered life in this case and got on with it."
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.