Wednesday, October 20, 2004
The convicted killer used big words on his pen pal Web site, the ruling noted.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A judge has rejected death row inmate Andre Williams' contention that he should not be executed because he is mentally retarded.
In a 17-page ruling released Tuesday, Judge W. Wyatt McKay of Trumbull County Common Pleas Court ruled that Williams is not mentally retarded.
"This court will not insult petitioner's [Williams] intelligence by scheduling a hearing to determine the obvious: The petitioner is not mentally retarded," the judge's ruling states.
Williams filed a motion in June stating he should not be executed because his IQ is below 70.
The judge noted in his ruling that there are three IQ tests in which Williams scored above 70. There is one test, taken when Williams was 15, which showed his IQ to be 67.
Another test result
One of the IQ tests was administered last year by Dr. James R. Eisenberg, a forensic psychologist selected by Williams' attorney, John Juhasz. Dr. Eisenberg found Williams' IQ to be 75.
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.
Juhasz could not be reached to comment.
"We are very pleased with the court's ruling," said LuWayne Annos, an assistant Trumbull County prosecutor. "This was absolutely frivolous and nothing more than an attempt to slow down the wheels of justice in this case."
Sentenced for 1998 killing
Williams was convicted in 1988 of killing George Melnick, 65, and severely beating Melnick's wife, Katherine, 65.
The judge's ruling also states that before filing his motion, Williams had a Web site where he "actively solicited overseas pen pals."
The ruling further notes that the now disconnected site was noteworthy because of the defendant's vocabulary. Words such as perilous, missive and disheartening were found on the site, the ruling states.
"This court finds that petitioner's ability to communicate in this fashion shows an utter and total lack of deficiencies in the adaptive skill of communication," the ruling states.
The judge further notes that Williams also attached a flattering picture of himself with the Web site.
"Such an inclusion indicates that he sought to portray himself in a positive light to his would-be pen pals," the ruling states.
sinkovich@vindy.com