Post by Anja Nieser on Oct 1, 2006 7:11:58 GMT -5
Judge rules convicted killer immune from death penalty
Associated Press
CROWN POINT, Ind. - A man accused of killing six women is mentally retarded and cannot be sentenced to the death penalty, a judge has ruled.
Eugene Victor Britt already is serving a sentence of life in prison without parole in the murder of 8-year-old Sarah Paulsen of Portage.
Friday's ruling by Lake Criminal Court Judge Salvador Vasquez could open the door for Britt to appeal that sentence.
"If he wants to make trouble on that old case, he could say his attorney was defective in not pursuing the mental-retardation issue or by allowing him to plead guilty," said Merrillville attorney Thomas Vanes, who is not involved in the case.
Britt, 49, of Gary, is scheduled to go to trial Oct. 10 in the June 1995 murder of 14-year-old Nakita Moore. He has pleaded not guilty.
However, during a hearing in November 1995 in Porter Superior Court, Britt confessed to killing Moore and others. Vasquez ruled in July that Britt's confession was admissible.
On Friday, Vasquez ruled that Britt was mentally retarded and could not be sentenced to death or life without parole under Indiana law.
Despite the judge's ruling, Lake County Prosecutor Bernard Carter insisted Friday that Britt is not mentally retarded. "Britt is not retarded. You can ask anybody in the jail," he said.
Carter said he was considering whether to appeal Vasquez's ruling.
Britt has been examined by mental health experts repeatedly with conflicting results. Most recently, one psychologist said Britt was mentally retarded while another said he believed Britt was faking.
www.fortwayne.com/mld/newssentinel/15649097.htm
Associated Press
CROWN POINT, Ind. - A man accused of killing six women is mentally retarded and cannot be sentenced to the death penalty, a judge has ruled.
Eugene Victor Britt already is serving a sentence of life in prison without parole in the murder of 8-year-old Sarah Paulsen of Portage.
Friday's ruling by Lake Criminal Court Judge Salvador Vasquez could open the door for Britt to appeal that sentence.
"If he wants to make trouble on that old case, he could say his attorney was defective in not pursuing the mental-retardation issue or by allowing him to plead guilty," said Merrillville attorney Thomas Vanes, who is not involved in the case.
Britt, 49, of Gary, is scheduled to go to trial Oct. 10 in the June 1995 murder of 14-year-old Nakita Moore. He has pleaded not guilty.
However, during a hearing in November 1995 in Porter Superior Court, Britt confessed to killing Moore and others. Vasquez ruled in July that Britt's confession was admissible.
On Friday, Vasquez ruled that Britt was mentally retarded and could not be sentenced to death or life without parole under Indiana law.
Despite the judge's ruling, Lake County Prosecutor Bernard Carter insisted Friday that Britt is not mentally retarded. "Britt is not retarded. You can ask anybody in the jail," he said.
Carter said he was considering whether to appeal Vasquez's ruling.
Britt has been examined by mental health experts repeatedly with conflicting results. Most recently, one psychologist said Britt was mentally retarded while another said he believed Britt was faking.
www.fortwayne.com/mld/newssentinel/15649097.htm