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- - - - - - - - - - - - June 12, 2001 | President Bush landed in Spain Tuesday on the heels of a death penalty whirlwind. Not just because of the Monday execution of Timothy McVeigh. Nor just because of the recent, highly publicized exoneration of Florida death row inmate Joaquin Martinez, a Spanish citizen who returned home to a warm welcome 48 hours before Air Force One touched down in Madrid. Sure, those events were both controversial enough in the European Union, which prohibits membership to countries with the death penalty. But then Bush appeared to get into an argument with himself about one of the most controversial aspects of capital punishment: execution of the retarded. "We should never execute anyone who is mentally retarded," the president told a group of European reporters who had asked him about growing concern from prominent American diplomats that execution of the retarded was impeding U.S. relations abroad. "And our court system protects people who don't understand the nature of the crime they've committed nor the punishment they are about to receive."
What made Bush's comments particularly remarkable: As governor of Texas, Bush himself presided over several executions of mentally retarded inmates.
As governor, Bush also authorized the execution of Johnny Paul Penry, who had an I.Q. in the 50s and a mental age of 6. Penry came within four hours of execution in 2000 when the U.S. Supreme Court stayed his execution; and last week, the court overturned his death sentence, saying the Texas legal system did not give jurors the proper opportunity for "morally reasoned" consideration of his retardation. Bush's remarks -- coming just a day before his brother Gov. Jeb Bush signed a ban on executions of the retarded in Florida -- left White House staffers in damage-control mode, denying any shift in position. The president "has always believed we shouldn't put people to death who are incompetent to understand the charges against them or the difference between right and wrong," senior White House communications advisor Dan Bartlett told Salon. But, he added, "there is some confusion" because in cases like Cruz's and Washington's, Bush believes that I.Q. is not the only measure of retardation. Bush, Bartlett said, believes that someone can learn to understand the difference between right and wrong regardless of I.Q. The president, Bartlett added, continues to think that a ban on executing the retarded -- like the one signed by his brother and like a similar measure passed by the Texas Legislature that awaits action by Gov. Rick Perry -- is unnecessary. "The president believes juries are the appropriate body" to weigh a defendant's mental status, Bartlett said. But while Bush defends putting on death row some defendants with I.Q.s in the 50s because they may not be retarded, there is growing alarm even among capital-punishment supporters that such cases profoundly undermine public confidence in the death penalty -- as well as place the U.S. at odds with every international standard of criminal justice. Mental retardation and the special suggestibility of the mentally impaired are responsible for a large number of mistaken death sentences, which have received enormous publicity. The most recent case is that of Ronnie Burrell, who was exonerated and released after 14 years and one near-execution on Louisiana death row in January.
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