WARREN Death-row inmate isn't retarded, prosecutors say



The inmate had an Internet Web site prosecutors say.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A death-row inmate's contention that he should not be executed because he is mentally retarded was filed for the sole purpose of delaying his date with death, prosecutors say.
Prosecutor Dennis Watkins and assistant prosecutors LuWayne Annos and Diane Barber filed a motion Wednesday in Trumbull County Common Pleas Court asking Judge W. Wyatt McKay to dismiss Andre Williams' motion.
Williams filed a motion in June stating he should not be executed because his IQ is below 70.
The U.S. Supreme Court ruled last year that it's unconstitutional to execute people who are mentally retarded.
Though the court did not set an IQ level, most states generally consider 70 or lower to be retarded.
Williams was convicted in 1988 of killing George Melnick, 65, and severely beating Melnick's wife, Katherine, 65.
"The state urges this court to see this frivolous claim as the disingenuous delay tactic that it is," the prosecutor's motion states.
It is not known when the court will rule on the matter.
Evidence presented
The motion further states that Williams has not been classified as mentally retarded. IQ tests show he scored above 70 twice and under 70 once.
"Truly retarded and intellectually impaired persons lack adaptive skills because of significant lifelong functional problems: They can't communicate; they can't count money; they can't read or write; they can't plan or be self-directive," the prosecutor's motion states.
Attached to the prosecutor's motion are numerous letters written by Williams while in prison. Prosecutors note the letters are well-written.
"Our allegedly retarded petitioner writes, 'I am at the point in my appellate procedures and I cannot afford to have it handled in the frivolous manner in which it currently is, by those in charge,'" the motion states.
Prosecutors also said Williams had a Web site where he "actively solicited overseas pen pals."
"One must question whether Williams is also proficient in a language other than English," the motion states. "This Web site was mysteriously dropped when Williams decided he was mentally retarded."