(Newswire.net — October 4, 2019) — The execution of a prisoner in Texas, Dexter Johnson was halted by the federal appellate court 24 hours before his scheduled death.
His execution was postponed and the case was directed to the district court on the grounds of a fresh proof of mental impairment.
Johnson 31, was condemned to death as a result of his participation in a 2006 double homicide case, a couple of days after he became 18 years. Huy Ngo, aged 17 and Maria Aparece, aged 23 were robbed and carjacked by Johnson and four other teenagers as they sat in Maria’s car in front of Ngo’s house.
Court records indicated that Johnson together with his team directed the couple into a remote location where Aparece was sexually abused by Johnson before they were instantly shot to death by him and another teenager.
The prosecutors of Harris County stated that the murder was among the 25-day criminal activities carried out by Johnson and other members of his gang, including another three murders. Johnson since 2007 has been sentenced to death.
Johnson has claimed that he was mentally impaired in recent appeals which undoubtedly disqualifies him from capital punishment according to the precedent of the US Supreme Court. This mental disability became the talking point of the death penalty law of Texas after many years of dialogue between the Texas Court of Criminal Appeals and the U.S. Supreme Court in the case of Bobby Moore.
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The high court eventually canceled the procedure Texas implements in discovering mental impairment after Moore was ruled to be mentally stable by the state court which was reversed in February and later indicated that he has revealed he is.
Johnson also contended the fact that he was mentally disabled in an appeal that was declined by the Texas Court of Criminal Appeals in April before the execution date scheduled in May was delayed by a federal judge on a different appeal.
A new lawyer also brought up a similar argument in a federal and a state court around last month, referring to a current mental and neuropsychological and IQ examination, which indicated that the mental ability or IQ of Johnson was below the standard of mental impairment. The lawyer also indicated multiple deficiencies in speaking and pronunciation.
Pat McCann, the defendant’s lawyer stated that the disability could be brought up based on new findings as a result of the modifications to the health standards on mental impairment since his court trial.
He stated in a report that the most important thing is that Mr. Johnson has the opportunity to determine this mental disability which was good news to the family.
Although Johnson’s appeal was declined again on August 13, a stay of execution was released by the federal appellate court on August 15 and he was already scheduled to be executed the next day at 6 pm.
When making the decision to stop the execution, the Fifth District Court of Appeal in the US compiled a list of the deficiencies Johnson battled with, which includes, having challenges in articulating words and difficulties in managing money or follow instructions. Additionally, the judge indicated that a professional witness who also claimed that Johnson did not have the mental disability at the trial also stated that he won’t make the statement anymore.
However, the stay of execution does not imply that Johnson has been disqualified from capital punishment. The case is now directed to the district court for additional evaluation and examination.
Harris County who requested that the Court of Criminal Appeal should lower the conviction of Moore was not in support of the mental disability claim from Johnson in his current appeal.
Prosecutors stated at the time of the trial Johnson never pointed out mental disability, but only of low mental function as a result of horrible brain injury or mental sickness, according to the appeal.
They likewise referenced higher IQ during his trial and described Jonson as someone worthy of the death penalty.
Johnson was slated to be the fourth execution in Texas, in the current year.
And as a matter of fact, many more will still be performed before December.