Death for Man in Retardation Case

A death row inmate whose case led the Supreme Court to ban executions of the mentally retarded was found mentally competent by a Virginia jury Friday. A judge scheduled his execution for December.

Daryl Atkins, 27, flashed a peace sign to his family and blew a kiss as he was led from the courtroom after the verdict.

Three years ago, Atkins’ case led to the landmark U.S. Supreme Court ruling that executing the mentally retarded was unconstitutional.

The court left it up to states to determine whether inmates were retarded.

The Virginia jury deliberated for 13 hours over two days before determining Atkins was not retarded.

If the jury had deemed Atkins retarded, he would have been sentenced to life in prison for the robbery and slaying of an Air Force enlisted man over beer money.

York County prosecutor Eileen Addison said she agreed with the Supreme Court’s ban on executing the mentally retarded, but she said Atkins’ was “the wrong case.”

“We never disagreed that he was probably a slow learner,” Addison said.

“That’s not the same as being mentally retarded.”

Atkins’ lawyers maintained they had established their client’s mental retardation.

“People in this community rejected that,” attorney Richard Burr said. “We don’t know why.”

During a court proceeding that the judge said was unique in judicial history, defense lawyers portrayed Atkins’ mental abilities as so limited he was cut from the football team because he couldn’t understand the plays.

The prosecution blamed his poor performance in school on the use of drugs and alcohol and said that the claim of mental retardation was a ploy to avoid execution.

Each side called expert witnesses, who disagreed on whether Atkins fell into the category of mentally retarded.

An IQ of 70 or less by the age of 18 is required to be considered mentally retarded in Virginia. The state’s definition also takes into account social skills and the ability to care for oneself.

Atkins had scores of 59, 67, 74 and 76 on IQ tests, but they were given when he was older than 18.

Atkins was 18 when he and William Jones killed Airman 1st Class Eric Nesbitt, 21. Nesbitt was abducted outside a convenience store, forced to withdraw money from an automated teller machine and driven to a desolate road, where he was shot eight times.

Prosecutors said Atkins was the triggerman.

A plea agreement was reached with Jones, who testified against Atkins and received a life sentence.

Atkins’ case has been closely watched by civil rights activists, in part because the jury did not include any blacks and Atkins is black.

The jurors declined to comment after the verdict was read.