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Virginia Set to Execute First Woman in Nearly a Century
Teresa Lewis will die by lethal injection on Thursday unless an appeal to the supreme court can save her
The state of Virginia this week plans to carry out its first execution of a woman in nearly a century, despite claims that Teresa Lewis has severe learning difficulties.
Lewis's last hope is an appeal to the US supreme court after Robert McDonnell, the state governor, said he will not spare the life of the 41-year-old who was convicted of arranging for two men to murder her husband and stepson. She is scheduled to die by lethal injection on Thursday.
The men who carried out the killings – one of whom was Lewis's lover – received life sentences.
Lewis's last hope of avoiding the death chamber is an appeal before the supreme court. Her lawyers will argue that because she has such a low IQ her execution would be unconstitutional.
Prosecutors say that Lewis, a grandmother, deserves to be executed because she planned the killings in cold blood and bears a greater responsibility than the men who carried out the murders in order to collect insurance money.
Julian Lewis and his son Charles were shot in 2002 after an earlier attempt by Lewis to organise their deaths failed.
McDonnell, a strong advocate of the death penalty, said that an appeal for clemency before an execution is one of "the toughest decisions" a governor faces. He said he had read court transcripts and documents submitted by Lewis's lawyers but could see no reason why she should be spared. McDonnell said Lewis admitted to committing the "heinous crimes" for which she was convicted and dismissed claims by her lawyer that she is not mentally fit to be held responsible. The governor said that no medical professional has concluded that she is "mentally retarded" under Virginia law.
"The test for me really is: is there anything that would be a miscarriage of justice in letting the execution go forward?" he said.
Lewis's lover, Matthew Shallenberger, and another man, Rodney Fuller, shot the victims in their beds at a trailer home. Fuller confessed to the crime in order to save himself from the death penalty.
The judge in the case later said he could not impose a more severe sentence on Shallenberger for the same crime.
But he sent Lewis to the death chamber after describing her as the "head of this serpent".
Prosecutors portrayed her as scheming, saying she lured the two men into carrying out the murders with sex and the promise of a share of the insurance claim. Shallenberger has since killed himself.
The defence says that a psychologist tested Lewis and found she had an IQ of 72 which put her in the "borderline mental retardation" range.
The supreme court has ruled that the execution of "mentally retarded" people – interpreted by the courts as those with an IQ of less than 70 – is unconstitutional. Lewis has also been diagnosed with a dependency disorder and addiction to painkillers.
Defence lawyers also say Shallenberger told a former girlfriend that he "manipulated" Lewis in order to try and collect the insurance money on her husband so he could set himself up as a drug dealer in New York.
They say Shallenberger wrote to a friend from prison that "the only reason I had sex with [Teresa Lewis] was for the money – to get her to 'fall in love' with me so she would give me the insurance money".
However, prosecutors say that such claims are manufactured to save Lewis from the death chamber.
Among those who have appealed for her sentence to be commuted is the novelist John Grisham.
The last woman to be executed in the state was 17-year-old Virginia Christian in 1912 for the murder of her employer after she was accused of stealing a gold locket.
There are 53 women on death row in the US. They include Linda Carty, who is from the Caribbean island of St Kitts and who holds a British passport but spent most of her adult life in the US. Carty was convicted, along with three co-defendants, of murder in Texas after kidnapping a 25-year-old woman and her three-day-old baby.
The woman was tied up with duct tape and a bag sealed over her head before she was forced in to the boot of a car where she died of suffocation.
Carty's co-defendants testified against her and were spared the death penalty. She says she was framed by them because she was an informant for the Drug Enforcement Administration. Carty is facing execution after the US supreme court refused to hear an appeal.
The ultimate penalty
Eleven women have been executed in the US since the restoration of the death penalty in 1976. The first was Velma Barfield. She was put to death in North Carolina in 1984 for putting rat poison in her boyfriend's tea after fearing he had discovered that she was forging cheques on his bank account.
Karla Faye Tucker drew international attention before her execution in Texas in 1998 because she became a born-again Christian while in prison and pleaded with the state's then governor, George Bush, for clemency. Tucker was convicted of murdering two people with a pickaxe during a robbery with two men. Bush refused to commute her sentence.
Christina Riggs, a nurse, was put to death in Arkansas in 2000 for smothering her two small children. After killing them, she wrote a suicide note and took an overdose of pills, but survived. During her trial she would not let her lawyers argue against the death penalty, saying she wanted to die. When the jury obliged she said "Thank you".
Lois Nadean Smith was executed in Oklahoma in 2001 at the age of 61 for killing her son's former girlfriend. Smith shot Cindy Baillie nine times after accusing her of plotting to have her son killed. Smith's lawyers told the court she was trying to protect her son and was under the influence of drink and drugs at the time of the killing.
Aileen Wuornos was unusual as a female serial killer who received six death sentences and was executed in Florida in 2002. Wuornos, a prostitute, admitted murdering seven men. She claimed they had raped her or attempted to. She was the subject of the 2003 film, Monster.
The most recent execution of a woman was in 2005. Frances Newton was put to death in Texas for the murder of her husband and two children, aged seven and one. Prosecutors said she did it to claim $100,000 (£64,000) in life insurance. Newton claimed her husband was a drug dealer who was murdered because he was in debt to suppliers.
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23 Comments so far
Show AllI wonder how many right-to-lifers will leave their protests in front of abortion clinics to protest this woman's execution? My guess is not many to none.
Once a fetus exits the vagina they seem to have little regard for its life. You are free to sentence it to death, or send it to kill or be killed in wars of choice.
Serious hypocrites if you ask me...
Apples and oranges
How so? Does not pro-life always mean pro-life or only sometimes?
If you cannot see the difference no explanation will clarify it.
For me, it doesn't matter if it is a man or a woman; there should be no death penalty. This might sound a little far-fetched, but if the immediate family hasn't already taken revenge on the murderer, the state has no right. The family suffered the loss, not the state, not the religious who demand death. If my child or wife or other loved one were murdered, and I didn't get my immediate vengeance, I would probably begin to think more rationally and realize that my emotions and passions would not one iota change what had happened. In my heart of hearts I believe that life in prison without parole is much harder in the long run than death, and leaves me the better person. The death penalty makes us all serial killers.
I agree. By executing someone, you are taking away their chance for redemption. A life sentence means that they will carry the burden of their crime for a long, long time. In this particular case, the prosecutor says that Lewis planned the killings of her husband and stepson "in cold blood". Now he thinks that the state has the right to kill her "in cold blood". As far as I'm concerned, this is first degree murder, committed by the state. Deliberately killing a human being is murder no matter who does it. It is ironic that those who are the strongest advocates of the death penalty are almost always Christians. As for the urge to take revenge, it is a negative impulse that must be restrained until it passes. Two wrongs don't make a right.
They should be called right to birth, because after birth your fair game, more so if your poor, dark, foreign and socialist.
If you want to know the wonderful company we keep, check out these lists:
http://www.deathpenaltyinfo.org/abolitionist-and-retentionist-countries
Nice to be in the same camp as Saudi Arabia, Libya and so on, isn't it?
"I wonder how many right-to-lifers will leave their protests in front of abortion clinics to protest this woman's execution?"
Tom,
By asking "how many" you are implying that some would....I agree it would be a very small number.......
Thomas Gilbert
wrong place again..lol...
I don't think that McDonnell takes as much actual PLEASURE in putting someone to death as W did. From several reports, he was laughing and joking about frying Karla Faye Tucker. And it's a well known fact that Gonzo, the guy who was advising W on these cases, NEVER advised against killing anyone. Between the two of them there are now over 170 people who are not breathing any more. When you consider that according to several estimates, 11% of those on death row are actually innocent, that means that not only are W and Gonzo serial killers once removed, but they are also guilty of killing at least 17 people who were innocent.
It was once said "Better for a hundred guilty men to go free than for one innocent man to be jailed" or words to that effect. We are now at a place where, thanks to 30+ years of authoritarian rule and governmental sell outs, our policy is "Innocence be damned, we want the profits".
People say that the U.S. should go after Iran for it's human rights violations .They justify sanctions and preventing Iran from producing nuclear weapons due to Iran's violations of human rights.
I hate to tell these people but America has many human rights violations in common with Iran and giving women a death penalty is one of them. The difference is America has had and used nuclear weapons. America should be forced to destroy all nuclear weapons and prevented from building any new weapons.
The same is true of other nations that violate human rights such as Israel's record of human rights abuses.
Although I don't know any other developed nations that have a death penalty for citizens, especially for men, women, mentally ill, children and mentally retarded, like America.
try south africa during the apartheid regime...................
Interesting to note that the two men involved received life sentences yet the woman whom it seems is intellectually challenged receives the death sentence.
Confirms yet again that the truth of the matter is that America is a brutal country as is clearly shown by its military tactics as as well as its religious bigotry.
No country that puts its own citizens to death should be allowed a seat in the UN.
All the condemnation of the Taliban for executing women, then Virginia proves they are more extreme.
Virginia/USA is right of Muslim. Kill, kill, kill, not much different from the person who killed in the first place.
VIRGINIA STATE MURDER BY STANDARD ERROR OF MEASUREMENT?
As a career clinical and rehabilitation psychologist, I have administered many kinds of =intelligence= tests to literally thousands of persons. I then interpreted the test results to those persons tested, and to whomever paid for testing to be done, including the US State or Canadian Province.
I made a determined effort to point out that all tests have an SEM or Standard Error of Measurement. It is calculated from experimental testing of the instrument's test-retest or split-half RELIABILITY.
For example: a Wechsler intelligence test with a standard deviation of 15 and a split-half reliability of .96 has a SEM of 3 points. Do not hastily presume this means that an IQ score is to be seen as plus or minus 3 points. In psychometry, the 3 point SEM is itself a Standard Deviation.
Example: The scored Wechsler shows a full scale I.Q. of 107. The interpretation is there's a 68 percent probability that the true score lies between 104 and 110. Equally, however, there is a 95 percent possibility that the true IQ score lies between 101 and 113. Capice?
All the literature and commentary about convicted Virgina felon, Teresa Lewis reports: a) she saw a psychologist who tested her, b) her IQ is 72. Then, information stops. We the public do not know what instrument was used to measure her intelligence, nor that device's Standard Error of Measurement.
Before any manipulation, an IQ of 72 is 28 points below average. This means she is as below average in intelligence as some person with an IQ of 128 is above average. It further means that Teresa Lewis is smarter than the whopping total of 2.2 percent of the U.S. population.
The classic definition of Moron is an IQ between 55 and 70. The Governor of Virgina, and the Judge (who IMO both deserve keel hauling) have the arrogance to say Teresa Lewis CAN be executed because, with an IQ of 72, "she does not qualify as being mentally retarded". Like - they know the first damn thing about the science of Psychometics, tests and measurements.
On 22 August last I printed a message on CommonDreams.org asking that the Virginia Academy of Clinical Psychologists intervene by conducting an evaluation of the Standard Error of Measurement of whatever instrument was used to test the intelligence of Teresa Lewis. If she is indeed executed tomorrow, due to this professional incompetence, I will break down in tears.
NOTA BENE
News this Wednesday morning 22 September 2010 is that the U.S. Supreme Court washes its hands of the Teresa Lewis matter and will not stay her execution tomorrow. That was her last chance for the deliverance from murder legally accorded to the profoundly intellectually handicapped.
I forwarded the above post to CommonDreams to Teresa's attorney, J. Rocap, Esq. in Washington DC.
This is both a miscarriage of justice and a failure of forensic psychology.
Trylon