Va. Gov. Kaine Changes Mentally Ill Inmate’s Death Sentence To Life Sentence
June 18, 2008 by Alicia Sparks, Mental Health Notes
Filed under Diseases & Conditions

This is a few days old, but I expect it will stir up some controversy for perhaps years to come – especially for the family members and loved ones of the victims.
According to The Washington Post article, Va. Governor Commutes Death Sentence, Virginia Governor Timothy M. Kaine commuted a death row inmate’s sentence from execution to life in prison (without parole) last Tuesday (June 10, 2008).
The inmate – Percy L. Walton – was sentenced to death by lethal injection after he confessed in 1997 to the murders of Danville residents Jessie and Elizabeth Kendrick and Archie Moore. The execution was scheduled for last Tuesday night at 9 p.m. at Greensville Correctional Center in Jarratt; however, Kaine canceled the execution, stating
“one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it.”
The reason Walton wouldn’t be fully aware of the punishment or why he had to suffer it is his mental illness. The reason Kaine says his execution would be unconstitutional is:
The U.S. Supreme Court ruled in 1986 that execution of the mentally ill violates the constitutional prohibition against cruel and unusual punishment. The court said death-row inmates must be able to comprehend that they are about to be executed and why.
Before you start to think this was a snap decision, however, note that the execution date had already been delayed twice – once back in 2006 to allow time for Walton’s mental condition to improve. It didn’t happen, so Kaine commuted the death sentence to life without parole, the first time he’s ever made such a decision since taking office.
Naturally, the victims’ family members and loved ones are livid. While I don’t support the death penalty, my heart truly goes out to them for their losses and I hope they have been receiving – and will continue to receive – the necessary support and resources.
What do you think about Governor Kaine’s decision? How do you feel about the Supreme Court’s ruling on executing the mentally ill?

Image: Newscom

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