Missouri plans to execute Ernest Johnson Tuesday, Nov. 3, even though he is intellectually disabled - in violation of our own state law and U.S. Supreme Court decisions.
Mr. Johnson has had seven IQ tests administered over his life. All but one of the tests has found scores in the intellectually disabled range. In fact his IQ score at age eight (66.3) is almost identical to the last test (66.4) taken in 1997. A diagnosis of intellectual disability requires an IQ below 70-75.
Psychological reports note he was born of a mother who drank alcohol heavily (1-2 pints of gin or whiskey daily) and consumed sedatives throughout her pregnancy with him. As a result, he has Fetal Alcohol Spectrum Disorder (FASD), helping to explain much of his deficiencies and behaviors.
In 2001, the Missouri General Assembly passed, and Gov. Bob Holden signed, bi-partisan legislation outlawing the execution of persons with intellectual disabilities (then termed mentally retarded). A year later the U.S. Supreme Court banned the practice in Atkins v Virginia, ruling it a violation of the 8th Amendment prohibiting cruel and unusual punishment.
According to Missouri statute, "mental retardation" is defined as significantly sub-average intellectual functioning with continual extensive related deficits and limitations in two or more adaptive behaviors. Mental health professionals found Mr. Johnson has significant deficits in seven of them, including communication, self-care and functional academics. As is the case with him, such conditions must have manifested themselves before an individual is 18 years old.
He repeated both 2nd and 3rd grades, was in Special Education classes for the 3rd through 8th grades, then was held back again in 9th grade. That year - during which he dropped out of school at age 16 - a Special Ed teacher determined he had the reading abilities of a student entering 2nd grade.
The murders of Mary Bratcher, Fred Jones and Mable Scruggs were horrible crimes (as are all homicides). Johnson was certainly involved and should be incarcerated to protect the public, but he should be held to a different level of consequence due to his intellectual disability.
I strongly encourage Gov. Nixon to stay the execution of Ernest Johnson and commute his death sentence.
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