Va. Gov.Kaine delays death sentence for a second time

I didn't see this on DU yesterday. This was a huge issue during the campaign with the Kilgore campaign putting out what should have been a devastating ad but Kaine handled it well. As you can imagine talk radio has been all over this.

Funny, the local Rush-Hannity-Savage station had a UVa law prof on who said that it is ridiculous that this even got to the top level without being taken care of.

I can't find a good article on the history here but it appears that Walton didn't have very good representation in the initial trial.


http://www.washingtonpost.com/wp-dyn/content/article/2006/12/04/AR2006120401354.html

"I am compelled to conclude that Walton is severely mentally impaired and meets the Supreme Court's definition of mental incompetence," Kaine said in a statement. "At the same time, it is within the realm of possibility -- though unlikely -- that Walton's mental impairment is not permanent. Accordingly, a commutation of his sentence is not appropriate at this time."

Attorneys for Walton, 28, contend that Walton is mentally ill and mentally retarded and that his condition has further deteriorated since he has been on death row. His attorneys at trial never requested a competency hearing. A competency hearing was held three years ago as part of his appeals, and experts disagreed about his mental state.

"It's what we expected and what we said when we were on the campaign trail," Kilgore (the Republican nominee in 2005)said. "It's a shame any time one person exerts his will over that of an unbiased jury and not only that, judges and appellate judges."

Virginia Attorney General Robert F. McDonnell (R) (Pat Robertson's guy)raised similar concerns in a statement yesterday, saying he "respects" Kaine's authority but thinks Walton should be executed. McDonnell said he is "concerned about the impact today's action could have on our justice system."

Since he took office, Kaine has allowed four executions to go forward.

That is fine by me...

Governor Kaine is simply applying the law...and doing what Republicans so often fail to do...obey the COnstitution of the United States!

GOP = PARTY OF DEATH , BLOOD AND WAR