The Nation - News from Jan. 12, 1989

The Constitution’s ban against cruel and inhuman punishment does not shield a retarded killer from execution even if the defendant has the mind of a 7-year-old, the U.S. Supreme Court was told. Assistant Atty. Gen. Charles A. Palmer of Texas urged the justices to permit the execution of Johnny Paul Penry, 32, whose reasoning capacity has been described as that of a child of 7. “He knew what he was doing,” Palmer said of Penry, who stabbed to death Pamela Moseley Carpenter, 22, on Oct. 15, 1979, in Livingston, Tex., after he raped her. Palmer recited evidence that Penry killed the woman to prevent her from identifying him. A ruling is expected by early July.