"Give mom a hug for me and tell her that I love her," Wilson said. "Take me home, Jesus. Take me home, Lord," he continued. "I ain't left yet, must be a miracle. I am a miracle."
Fatal injection tonight if court doesn't act
Huntsville
– Jerry Williams must have known he was in grave danger on that
November day in 1992 when Marvin Wilson and another man began to
menace him outside a Beaumont convenience store.
He
had earlier informed police that Mr. Wilson had a large quantity of
cocaine. When they raided his residence, they found 24 grams of the
substance.
In
the underworld of hard drugs, that's a killing offense on the
streets.
And
so, Marvin Wilson and another party to the offense, Andrew Lewis,
beat the informant and abducted him. A short time later, witnesses
heard a gunshot.
Police
found Jerry Williams' nude body, clad only in socks, with gunshot
wounds inflicted at close range to his head and neck.
If
the U.S. Supreme Court does not order a stay, Mr. Wilson will succumb
to lethal injection tonight after lengthy appeals in which his
lawyers have argued that his execution will constitute cruel and
unusual punishment.
In
a single test, he scored well below the threshold IQ score of 70 that
suggests mental retardation. He racked up a 61 in a 2004 test
administered and scored by an inexperienced intern, though lawyers
for the state point out that he has scored higher than 70 in many
other tests.
At
the time of his arrest for cocaine possession, Mr. Wilson had been released on bond on a robbery charge after serving
a parole term following 4 years served in prison on a 20-year sentence
for robbery.
At
his trial, the wife of his accomplice, Mr. Lewis,
testified that Mr. Wilson admitted his guilt in the killing of Mr.
Williams. She testified that Mr. Wilson said in the presence of
herself, his wife, and Mr. Lewis, “Don't be mad at Andrew (Lewis)
because Andrew did not do it. I did it.”
He
still freely admits his guilt. He recently told a newsman, “Now I
am not willing to try and convince anyone that I'm not guilty as
charged because I realize that if I had not been selling crack then I
wouldn't have been in the position to be set up as I have been.”
It
all comes down to a Supreme Court decision, Atkins v. Virginia, in
which the Court held that executing people with mental disability
constitutes a violation of the 8th Amendment proscription
against cruel and unusual punishment.
Texas legislators failed to vote out a new capital murder law that would conform to the Supreme Court holding. The preferred to let the Court of Criminal Appeals propose a set of “factors” that would determine retardation.
One
of these includes a bizarre reference to the fictional character
Lennie, a man so severely retarded he had not the cognitive ability
to perceive that his rough treatment petting small creatures such as
mice, rabbits, and puppies would kill them.
In
the novella and stage play written by Nobel literary Laureate John
Steinbeck, Lennie's traveling companion executes him after telling
him to keep looking across the river, into the future, following a
serial incident of the rough treatment of a woman. In a prepared
statement, Mr. Steinbeck's son Thomas, said, “I am deeply troubled
by today's scheduled execution of Marvin Wilson. “I had no idea
that the great state of Texas would use a fictional character that my
father created to make a point about human loyalty and
dedication...as a benchmark to identify whether defendants with
intellectual disability should live or die.”
In
an unrelated case, the Texas appeals court held that “most Texas
citizens would agree that Steinbeck's Lennie should, by virtue of his
lack of reasoning ability and adaptive skills, be exempt from
execution. But does a consensus of Texas citizens agree that all
persons who might legitimately qualify for assistance under the
social services definition of mental retardation be exempt from an
otherwise constitutional penalty.”
Edward
Marshall, an assistant Texas atorney general, told justices, “Wilson
is a savvy, street-wise drug dealer and thief who exhibited skills
surpassing those of a mentally retarded person from a young age.”
Mr. Wilson attended special education classes, receiving “social
promotions” before he dropped out permanently in the 10th
grade.
The
prosecutor who proved to jurors that Mr. Wilson acted in retaliation
told newsmen, “Marvin had a motive to murder this man.
“He
(Williams) was responsible for Marvin getting a couple of drug
indictments,” said Ed Shettle, an assistant District Attorney from
Beaumont.
Though
proof of a motive is not required for jurors to return a verdict of
guilty in a murder charge, retaliation is one of many special
circumstances that warrant a charge of capital murder.
The
probability that an offender so convicted will pose a continuing
threat to society is the first of three conditions precedent required
for jurors to assess a penalty of death by lethal injection. Jurors
are also asked if they find any mitigating factors or think there is
evidence that a sentence of life without the possibility of parole
would be better suited.
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