August 22, 2007

Retardation claim fails for man condemned for Fort Worth slaying

Associated Press

HUNTSVILLE, Texas - A Fort Worth murder suspect arrested after he led police
on a four-hour chase at the wheel of a stolen 18-wheeler has lost a federal
court appeal.

Elkie Lee Taylor had argued that he was mentally retarded and ineligible for
the death sentence imposed on him for the 1993 robbery and murder of Otis
Flake.

Taylor had won a reprieve in January 2003 two days before he was set to die
for strangling the mentally ill Korean War veteran.

Authorities said it was the second killing linked to Taylor over an 11-day
period.

Taylor's reprieve initially was granted by the Texas Court of Criminal
Appeals because state prison records showed he may be mentally retarded. The
U.S. Supreme Court has barred execution of mentally retarded people.

Now, the 5th U.S. Circuit Court of Appeals has upheld a federal judge's
ruling that Taylor wasn't retarded, despite some tests that show his IQ
below 70. That's generally considered the threshold for mental retardation,
but the 5th Circuit Court says it believes Taylor was capable of better
performance. His attorneys are seeking permission to move forward with their
appeal.

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Source : The Associated Press

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