Killer not retarded, state high court rules
(Michael Wayne) HALL
AUSTIN - The Court of Criminal Appeals on Wednesday rejected convicted killer Michael Wayne Hall's claim that he is mentally retarded, which could have spared him from execution for the 1998 slaying of an Arlington woman.
Hall, 25, was convicted of capital murder and sentenced to die for the shooting death of Amy Robinson, a mentally challenged woman who was abducted while riding her bicycle to her job at a Kroger supermarket in Arlington.
Texas' highest court ruled 7-2 that Hall is not mentally retarded based on evidence and testimony presented during his capital murder trial in Tarrant County in February 2000.
Under Texas law, mental retardation can be considered by jurors as a "mitigating factor" when deliberating a death sentence. Jurors heard conflicting evidence about Hall's mental capacities, including testimony that his IQ was under 70, which is considered the threshold for retardation.
"While there was significant evidence in favor of a finding of mental retardation, there was also significant evidence against such a finding," according to the ruling, written by Presiding Judge Sharon Keller. "Because the trial court's conclusion that appellant is not mentally retarded is supported by the record, we should and do defer to that conclusion."
Hall can appeal the decision to a federal court. His attorney did not return a phone message left with a secretary.
Two years ago, the U.S. Supreme Court remanded Hall's case to Texas after justices, in a 6-3 decision in Atkins v. Virginia, ruled that it is unconstitutional to execute the mentally retarded. The nation's highest court left it to states to develop systems to enforce the ruling.
However, the Texas Legislature did not pass new trial guidelines for capital murder cases involving defendants with mental retardation claims.
Hall's attorney, Danny Burns, argued last June before the Court of Criminal Appeals that the courts need a special hearing or procedure in place to determine whether a capital murder defendant is mentally retarded.
Two judges on the state's highest criminal court -- Cheryl Johnson and Charles R. Holcomb -- agreed with Burns in dissenting opinions.
"It may very well be that a full hearing on appellant's claim of mental retardation, with the opportunity to cross-examine witnesses and argue the significance of their testimony, would establish that appellant is not retarded," Johnson wrote.
The court's ruling against Hall was on his direct appeal, which addresses the legal process of a trial. Writ of habeas corpus appeals may address any issues not regarding trial procedure.
Wednesday's ruling is the first of its kind in Texas since the Supreme Court banned executions of the mentally retarded.
Helena Faulkner, an appellate attorney for the Tarrant County district attorney, said the Hall case helps clarify the issue of mental retardation in death penalty cases.
"The ruling will be very significant until the legislature has time to set standards for mental retardation in death penalty cases," she said.
Robert James Neville Jr., 29, was also convicted of capital murder and sentenced to death for the killing of Robinson. He remains on Death Row.
The two men took Robinson to a remote field in far east Fort Worth and shot her with a crossbow, a pellet gun and a .22-caliber rifle. Hall and Neville were arrested about two weeks later while attempting to flee to Mexico. They boasted to investigators and the news media about killing Robinson.
Robinson's maternal grandmother, Carolyn Barker, was pleased with Wednesday's court ruling.
"I know Michael Hall is not mentally retarded. He's just trying anything to avoid his death sentence," said Barker, 62. "They both have lived six years longer than Amy."