A jury would be presented evidence and asked only to answer the question of whether a defendant is mentally retarded. If they answer yes, then the defendant will be given a life sentence. If the jury answers no, the defense lawyer can request a special hearing before the judge to present testimony from disinterested experts. The judge could overrule the jury's finding. Senate sponsor Rodney Ellis, D-Houston, said he is satisfied with the compromise.
Judges are never reluctant to follow the law.
A recent poll showed that 68 percent of Texans favored the death penalty, but that 81 percent opposed executing the mentally retarded. Mr. Ellis, who has championed this legislation unsuccessfully last session, said he is extremely pleased with the support from lawmakers in both houses, who are expected on Thursday to approve of the conference committee's plan. Inc. All Rights Reserved.