DIAGNOSTICS


MORRIS ODELL MASON
On February 10, 1972, Morris Mason was diagnosed with mild mental retardation by Dr Javier Fernandez and Mr Buckley, psychologists at the Eastern State Hospital in Virginia. He was 17 years of age when admitted to the hospital. See Hospital admission report dated 2/9/72. WAIS scores indicates that the VIQ was 7O, and the FSIQ was 66.

JAMES TERRY ROACH
Terry Roach also had Huntington's Disease, causing the brain to continually deteriorate. He was 17 years old when executed.

JEROME BOWDEN
At the age of 14, Jerome Bowden had an IQ of 59. The full extent of his mental retardation was not discovered until after his execution. His last IQ was estimated at 65. His conviction was based solely upon a signed statement he could not even read. He signed the statement because a police officer told him he would help him.

HORACE DUNKINS
Horace Dunkins' attorney never told the jury he was mentally retarded, with an IQ estimated at 65. When newspapers reported this several years later, one juror told the press she would not have voted for the death penalty had she known of his retardation. The accomplice to this crime was given a life sentence.

ROBERT ALTON HARRIS
There is considerable debate about the mental status of Robert Alton Harris. While significant evidence existed supporting fetal alcohol effect, there is doubt that he actually had mental retardation. The first author evaluated him in San Quentin in 1989. While deficits in adaptive skills areas were clearly noted, intellectual skills were estimated to be below average, and could not be diagnosed as mentally retarded.

BILLY WAYNE WHITE
The attorney for Billy White failed to investigate and present any evidence of his life-long mental retardation. His MR was first diagnosed by the Houston Public School system in 1966, when, at age 8, Billy's IQ was estimated at 69.

RICKY LEE GRUBBS
The attorney for Ricky Lee Grubbs never requested his school records or contacted any of his teachers. School records revealed IQ scores in the "bordeline" range of intellectual functionning and failing grades during his first 8 years of school.

ROBERT WAYNE SAWYER
At trial, Robert Sawyer's attorney never raised the issue oh his mental capacity. Had the jury been informed of his fetal alcohol status, they would not have voted for his execution. His accomplice (a young brother) received a life sentence after turning State's evidence.

MARIO MARQUEZ
Mario Marquez had an IQ estimated at 65, with adaptive skills of a 7 year-old boy. His trial counsel testified at a clemency hearing that they did not present any evidence of Mario's mental retardation because of a legal flaw in the Texas death penalty statute. This flaw was recognized by the Supreme Court in Penry V Lynaugh (1989)

BARRY LEE FAIRCHILD
It was only after Barry Fairchild was sentenced to die that mental retardation became a factor in his case. Two pysychologists evaluated him and both IQ estimates were in the low 60s. However, the State's psychologist (who testified to having no experience in mental retardation) maintained that he could have faked on 2 separate IQ tests and still had such a similar profile. Arkansas effectively broke their statute when they executed Barry Lee Fairchild.

LUIS MATA
Mata was born with water on his brain and suffered other brain damage from a severe fall when he was young.

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