Warren killer’s mental illness claim rejected

Photo

Charles Lorraine

Staff report

WARREN

Judge Andrew Logan of Trumbull County Common Pleas Court has rejected the attempt of killer Charles Lorraine to be spared execution on the grounds that he is mentally disabled.

Lorraine, 43, formerly of Warren, killed Raymond Montgomery, 77, and his wife, Doris, 80, in their Haymaker Avenue Northwest home in November 1986.

Lorraine received the death penalty, but in 2003, the U.S. Supreme Court ruled that it is cruel and unusual punishment to execute the mentally disabled. Lorraine filed a claim asking to be spared execution on that basis.

However, before his hearing on the matter was set to begin Jan. 15 at the Trumbull County Courthouse, Lorraine withdrew the claim, saying he had only filed it to buy himself additional time to live.

Judge Logan’s judgment entry March 1 states that three psychologists hired to evaluate Lorraine — including Lorraine’s own expert — determined that Lorraine’s IQ is above the level of mental disability.

Lorraine’s IQ was also at least three points higher than the mental disability level of 70 during IQ tests done in 1973, 1974, 1975, 1979 (age 13), 1982 and 1986, Judge Logan wrote in his decision. Lorraine’s highest score was 85 and his lowest was 73.

Prosecutors said in January that eliminating Lorraine’s mental-disability argument could clear the way for a clemency hearing that could lead to the establishment of an execution date for Lorraine.