Fifth Circuit Court Halts Robert Campbell's Texas Execution Slated For Tonight

[National]

Today the Fifth Circuit has ruled that Texas may not proceed with the scheduled execution of Robert Campbell, a man whose lifelong mental retardation was not proven until new evidence, long hidden by prosecutors and the Texas Department of Criminal Justice, very recently came to light.

The Fifth Circuit’s decision today creates an opportunity for Texas to rise above its past mistakes and seek a resolution of this matter that will better serve the interests of all parties and the public. Mr. Campbell has been fully evaluated by a highly qualified psychologist – a member of the Texas Board of Examiners of Psychologists, appointed to that post by Governor Rick Perry – who confirms he is a person with mental retardation. Therefore, according to the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia, he is ineligible for the death penalty.

Given the state’s own role in creating the regrettable circumstances that led to the Fifth Circuit’s decision today, the time is right for the State of Texas to let go of its efforts to execute Mr. Campbell, and resolve this case by reducing his sentence to life imprisonment.  State officials should choose the path of resolution rather than pursuing months or years of further proceedings.

Robert C. Owen is an attorney for Robert Campbell