Post by Anja Nieser on Sept 4, 2006 11:55:04 GMT -5
Federal judge's order on Alabama death row inmate awaited
A new execution date for Alabama death row inmate Glenn Holladay in a
triple slaying 20 years ago won't come until courts agree on whether he's
mentally retarded.
U.S. Magistrate Judge Harwell Davis has already decided that Holladay, who
came within hours of execution in 2001, is not mentally retarded, but a
ruling still must come from U.S. District Judge Robert Propst.
The judge held a hearing Aug. 17. If Propst rules that Holladay is not
mentally retarded, the case would go to the 11th U.S. Circuit Court of
Appeals in Atlanta, said Clay Crenshaw, who handles death penalty cases at
the Alabama attorney general's office.
If the higher courts rule that Holladay is not mentally retarded, Crenshaw
told The Gadsden Times his office again will ask for an execution date.
Holladay, now 57, has been on death row for 17 years, convicted in the
shooting deaths of ex-wife Rebecca Ledbetter Holladay; her boyfriend,
David Robinson; and Larry Thomas Jr., a 16-year-old neighbor and friend of
Rebecca Holladay's son.
Holladay had escaped from the Cherokee County jail several months before
and was wanted by law enforcement officers when the shootings happened
Aug. 25, 1986.
Holladay remained on the run, and Rebecca Holladay's uncle in Southside
was shot and killed about 12 days later.
Police linked the gun used in the shooting death of Doyle Wallace to the
gun used to kill Holladay's other victims.
Holladay never was charged for Wallace's death, but a 1989 jail-house
confession led police to close the investigation.
Holladay was captured Oct. 9, 1986, in Florida when deputies responded to
a prowler call at an apartment complex.
A woman in another apartment complex had been raped earlier in the day,
and Florida authorities believe Holladay was about to rape again when he
was captured. Holladay was not charged with the rape in Florida; however,
he confessed to Florida authorities.
Whether Holladay is mentally retarded has been an issue since a 2001
execution was blocked. An execution date was set in 1990, but it was
delayed because of the appeals process. Preparations were made for an
execution in 2001 at Holman Prison when the U.S. Supreme Court blocked it
just hours before the scheduled execution.
Holladay's attorneys argued the execution should be blocked until the high
court decided in a North Carolina case if it is constitutional to execute
the mentally retarded.
It was determined the ruling in North Carolina should not have an impact
on Holladay's case.
Holladay's attorneys asked for a stay of execution again in 2003, claiming
he is mentally retarded.
Davis, the federal magistrate judge, signed a 98-page report in April that
explains why evidence does not support that claim.
Davis cited records from school, social services, prison and the court
proceedings that led to Holladay's conviction.
Holladay's IQ tests have shown borderline mental retardation before and
after his conviction. However, he never learned to read and write, and a
psychologist said low scores could be lack of motivation or bad behavior,
which was documented in school records.
Records also show Holladay had a rough home life as a child and often was
in trouble with juvenile authorities and in school.
Davis wrote that testimony shows Holladay's time spent on death row and
the aging process could have an impact on more recent IQ tests.
Even though some IQ tests have shown low scores, Davis wrote that Holladay
has given detailed depositions about his crimes.
The details of an escape from the Cherokee County jail in 1986, a few
months before the deaths in which he was convicted, also factored in to
the report.
A psychologist wrote that to escape, "Holladay, again, had to engage in a
number of behaviors, a number of steps, to achieve his goal. This wasn't
just him running out of the jail. He actually got the correctional
officer, the jailer's gun and locked the jailer up."
When Holladay testified about the escape and capture, he testified he
traded vehicles with car dealers several times and identified the cars and
outlined the swaps.
"It is apparent Holladay understood a good deal about financial
transactions," Davis wrote.
That is something investigators have known since their first dealings with
Holladay, long before he shot and killed 3 people.
"Holladay is not retarded, he is illiterate. He used that a lot of times
to make people think he was retarded," said Johnny Grant, chief
investigator with the Etowah County Sheriff's Department, which
investigated Holladay's slayings.
He still could travel the interstates and know where he was and read the
interstate signs, Grant said.
"By his own choosing, he did not learn in school," Grant said. "He used
that to make people think he was retarded."
(source: Associated Press)
A new execution date for Alabama death row inmate Glenn Holladay in a
triple slaying 20 years ago won't come until courts agree on whether he's
mentally retarded.
U.S. Magistrate Judge Harwell Davis has already decided that Holladay, who
came within hours of execution in 2001, is not mentally retarded, but a
ruling still must come from U.S. District Judge Robert Propst.
The judge held a hearing Aug. 17. If Propst rules that Holladay is not
mentally retarded, the case would go to the 11th U.S. Circuit Court of
Appeals in Atlanta, said Clay Crenshaw, who handles death penalty cases at
the Alabama attorney general's office.
If the higher courts rule that Holladay is not mentally retarded, Crenshaw
told The Gadsden Times his office again will ask for an execution date.
Holladay, now 57, has been on death row for 17 years, convicted in the
shooting deaths of ex-wife Rebecca Ledbetter Holladay; her boyfriend,
David Robinson; and Larry Thomas Jr., a 16-year-old neighbor and friend of
Rebecca Holladay's son.
Holladay had escaped from the Cherokee County jail several months before
and was wanted by law enforcement officers when the shootings happened
Aug. 25, 1986.
Holladay remained on the run, and Rebecca Holladay's uncle in Southside
was shot and killed about 12 days later.
Police linked the gun used in the shooting death of Doyle Wallace to the
gun used to kill Holladay's other victims.
Holladay never was charged for Wallace's death, but a 1989 jail-house
confession led police to close the investigation.
Holladay was captured Oct. 9, 1986, in Florida when deputies responded to
a prowler call at an apartment complex.
A woman in another apartment complex had been raped earlier in the day,
and Florida authorities believe Holladay was about to rape again when he
was captured. Holladay was not charged with the rape in Florida; however,
he confessed to Florida authorities.
Whether Holladay is mentally retarded has been an issue since a 2001
execution was blocked. An execution date was set in 1990, but it was
delayed because of the appeals process. Preparations were made for an
execution in 2001 at Holman Prison when the U.S. Supreme Court blocked it
just hours before the scheduled execution.
Holladay's attorneys argued the execution should be blocked until the high
court decided in a North Carolina case if it is constitutional to execute
the mentally retarded.
It was determined the ruling in North Carolina should not have an impact
on Holladay's case.
Holladay's attorneys asked for a stay of execution again in 2003, claiming
he is mentally retarded.
Davis, the federal magistrate judge, signed a 98-page report in April that
explains why evidence does not support that claim.
Davis cited records from school, social services, prison and the court
proceedings that led to Holladay's conviction.
Holladay's IQ tests have shown borderline mental retardation before and
after his conviction. However, he never learned to read and write, and a
psychologist said low scores could be lack of motivation or bad behavior,
which was documented in school records.
Records also show Holladay had a rough home life as a child and often was
in trouble with juvenile authorities and in school.
Davis wrote that testimony shows Holladay's time spent on death row and
the aging process could have an impact on more recent IQ tests.
Even though some IQ tests have shown low scores, Davis wrote that Holladay
has given detailed depositions about his crimes.
The details of an escape from the Cherokee County jail in 1986, a few
months before the deaths in which he was convicted, also factored in to
the report.
A psychologist wrote that to escape, "Holladay, again, had to engage in a
number of behaviors, a number of steps, to achieve his goal. This wasn't
just him running out of the jail. He actually got the correctional
officer, the jailer's gun and locked the jailer up."
When Holladay testified about the escape and capture, he testified he
traded vehicles with car dealers several times and identified the cars and
outlined the swaps.
"It is apparent Holladay understood a good deal about financial
transactions," Davis wrote.
That is something investigators have known since their first dealings with
Holladay, long before he shot and killed 3 people.
"Holladay is not retarded, he is illiterate. He used that a lot of times
to make people think he was retarded," said Johnny Grant, chief
investigator with the Etowah County Sheriff's Department, which
investigated Holladay's slayings.
He still could travel the interstates and know where he was and read the
interstate signs, Grant said.
"By his own choosing, he did not learn in school," Grant said. "He used
that to make people think he was retarded."
(source: Associated Press)