Governor Kaine delays execution

Governor Tim Kaine has decided to delay the execution of Percy Lavar Walton for another 18 months:

“After reviewing this information, I am compelled to conclude that Walton is severely mentally impaired and meets the Supreme Court’s definition of mental incompetence. Because one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it, his execution cannot proceed at this time.

“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. Rather, continued observation of Walton’s condition over a more extended period of time is the appropriate course of action.

“Therefore, I delay Walton’s execution date for 18 months, until June 10, 2008, to permit further observation of Walton’s mental condition and competence. On or prior to that date, I will determine whether additional information warrants a different conclusion.

The AP story on this decision can be found here. The story includes some background on the crime as well as information on Walton’s current state:

Much of the controversy surrounding Walton’s case has therefore focused on whether he understands that to be executed would mean the physical end of his life.

Walton’s answers on the topic of death have been conflicting. He has said that after he is executed, he will go to Burger King, take a trip to a shopping mall and perhaps ride a motorcycle. He has also said that an execution means “sleep for rest of life … until someone comes to see you.”

But at other points, he has referred to execution as “an end” or “the end” and said before his trial that the “chair is for killers,” indicating, to some, an understanding of his punishment.

Several of Walton’s fellow death row inmates told The Associated Press his behavior is consistently bizarre. Walton, whose prison nickname is “Crazy Horse,” spends his days laughing to himself and talking to voices in his head, and is incapable of engaging in any meaningful conversation, the inmates said.

No doubt death penalty advocates will see this as Kaine waffling on his promise to carry out a sentence. Kaine is Catholic and is personally opposed to the death penalty; however, four executions have been carried out since he took office in January.

10 thoughts on “Governor Kaine delays execution

  1. So we’re going to have him get better, until the point he understands what’s going to happen, then we kill him? Is this supposed to be more humane or less?

  2. Walton’s obviously not the sharpest knife in the drawer, but so what? The execution is there for his victims’ benefit, not his. Who cares if he’s smart enough to understand what’s happening to him or not? However high or low his IQ may be before his execution, it would be 0 afterward, any valuable life lessons the execution may have taught a more lucid Walton would be lost, anyway.

  3. Kaine said “At the same time, it is within the realm of possibility – though unlikely – that Walton’s mental impairment is not permanent.”

    Jack, no one said we’re going to “cure” Walton. Kaine simply said that it is POSSIBLE that Walton will get better, though unlikely.

  4. So, if he doesn’t suddenly get smarter, then his sentence is commuted? Only smart people can get the death penalty in Virginia?

    Seriously, what is Kaine waiting for? Surely no new information will come to light now about Walton.

  5. Xlrq & Jane – Kaine is following the law. The court has ruled that insane people cannot be executed. Walton is insane. If Kaine allowed the execution, he would be breaking the law. Under our Constitutional Republic, our elected officials are charged with upholding the law.

    Had Kaine commuted the sentence, no doubt you would have been among those howling at that.

    Kaine compromised. If, by chance, Walton becomes sane, he will be executed.

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