THE COMMERCIAL APPEAL
MISSKELLEY JUDGED MENTALLY FIT, FACES DEATH IF CONVICTED
Date: Wednesday, December 22, 1993
Section: Metro
Page: B1
Illustration: photo
Source: By Bartholomew Sullivan The Commercial Appeal
Dateline:
Memo: Shorter version, Final B2
Edition: First
Jessie Lloyd Misskelley Jr. is not mentally retarded and could face the death penalty if he's convicted of the murders of three West Memphis 8-year- olds, Circuit Judge David Burnett ruled Tuesday.
According to a psychologist called by Misskelley's lawyer, Daniel Stidham, Misskelley sniffed gasoline, used drugs and was a discipline problem in school and is on the "borderline in intellectual functioning."
Misskelley is expected to go on trial in Corning, Ark., Jan. 18 for the May murders of Christopher Byers, Steve Branch and Michael Moore.
Stidham wanted Misskelley ruled mentally retarded to avoid the death penalty if Misskelley is convicted.
The State of Arkansas presumes a defendant is mentally retarded if he has an IQ of 65 or lower and prohibits the imposition of the death penalty for such defendants if they are found guilty. Misskelley tested with an overall IQ of 72.
"He's not mentally retarded," Burnett ruled after a 1 1/2-hour hearing. ''He is right above that level."
Jurors will be allowed to hear testimony from Jonesboro psychologist William E. Wilkins if Misskelley is convicted, Burnett also ruled. Wilkins testified Tuesday that he believed Misskelley met the state's definition of mental retardation because of his "significant sub-average general intellectual functioning."
Wilkins testified Nov. 16 when Stidham tried to have Misskelley, who was 17 when the murders occurred, tried in juvenile court. Burnett denied the request. Wilkins said last month that Misskelley "lives in a kind of schizoid world."
A documentary film crew recorded Tuesday's proceedings. The documentary is being produced by the same New York group that made the award-winning Brother's Keeper about the 1990 death of one of four bachelor brothers in rural New York state.
Two other defendants, Jason Baldwin and Damien Echols, will go on trial on identical murder charges in February in Jonesboro.
MISSKELLEY JUDGED MENTALLY FIT, FACES DEATH IF CONVICTED
Date: Wednesday, December 22, 1993
Section: Metro
Page: B1
Illustration: photo
Source: By Bartholomew Sullivan The Commercial Appeal
Dateline:
Memo: Shorter version, Final B2
Edition: First
Jessie Lloyd Misskelley Jr. is not mentally retarded and could face the death penalty if he's convicted of the murders of three West Memphis 8-year- olds, Circuit Judge David Burnett ruled Tuesday.
According to a psychologist called by Misskelley's lawyer, Daniel Stidham, Misskelley sniffed gasoline, used drugs and was a discipline problem in school and is on the "borderline in intellectual functioning."
Misskelley is expected to go on trial in Corning, Ark., Jan. 18 for the May murders of Christopher Byers, Steve Branch and Michael Moore.
Stidham wanted Misskelley ruled mentally retarded to avoid the death penalty if Misskelley is convicted.
The State of Arkansas presumes a defendant is mentally retarded if he has an IQ of 65 or lower and prohibits the imposition of the death penalty for such defendants if they are found guilty. Misskelley tested with an overall IQ of 72.
"He's not mentally retarded," Burnett ruled after a 1 1/2-hour hearing. ''He is right above that level."
Jurors will be allowed to hear testimony from Jonesboro psychologist William E. Wilkins if Misskelley is convicted, Burnett also ruled. Wilkins testified Tuesday that he believed Misskelley met the state's definition of mental retardation because of his "significant sub-average general intellectual functioning."
Wilkins testified Nov. 16 when Stidham tried to have Misskelley, who was 17 when the murders occurred, tried in juvenile court. Burnett denied the request. Wilkins said last month that Misskelley "lives in a kind of schizoid world."
A documentary film crew recorded Tuesday's proceedings. The documentary is being produced by the same New York group that made the award-winning Brother's Keeper about the 1990 death of one of four bachelor brothers in rural New York state.
Two other defendants, Jason Baldwin and Damien Echols, will go on trial on identical murder charges in February in Jonesboro.
