Timothy M. Kaine on Thursday delayed the execution of a triple killer just over an hour before he was scheduled to be put to death amid claims he is mentally retarded and insane. Kaine's decision came moments after the U.S. Supreme Courtrejected a request for a stay of execution. Percy Walton, 27, had been scheduled to die by injection at 9 p.m. at the Greensville Correctional Center for the 1996 murders of three neighbors in Danville.
Kaine delayed the execution for six months to allow for an independent evaluation of Walton's mental condition and competence. It would be imprudent to either proceed with the execution or grant clemency without further review," Kaine said. Under the governor's action, Walton's execution will be delayed until Dec. 8.
The Supreme Court has ruled it unconstitutional to execute the insane and mentally retarded, but left it up to the states to define retardation. In their petition to the high court, Walton's attorneys argued that Walton is suffering from schizophrenia and is incapable of understanding the concept of death, therefore making him ineligible for execution. In a clemency petition to Kaine, they also argued that Walton is mentally retarded.
The Virginia attorney general's office has argued that intelligence scores taken when Walton was 17 and 18 place him above the accepted range for mental retardation, though other evaluations were conflicting. They also refute Walton's claims that he is insane. .
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