Serial killer Alfredo Prieto is sentenced to death in two states, one of which actually carries out its sentences. The anti-DP public relations machine is raising a stink with a claim that Prieto is intellectually disabled (formerly known as mentally retarded). The U.S. Court of Appeals for the Fourth Circuit considered that claim in June. After summarizing Prieto's evidence, the court said:
At the same time, however, the Commonwealth also presented extensive evidence that Prieto's adaptive functioning was not deficient. The jury heard from the prosecution that three prison psychologists had evaluated Prieto when he was incarcerated in California and that each had concluded that he was not intellectually disabled. One of these psychologists reported that Prieto's "cognitive functions were adequately developed, and that his level of conceptual thinking and reasoning were adequate for the formation of good judgement [sic]." The jury learned that Prieto had written his own prison grievances challenging his lack of access to recreation and had filed a pro se legal challenge to the conditions of his confinement on Virginia's death row. In these documents, Prieto employed accurate legal terminology and to prepare them, he conducted self-directed legal research. The jury received copies of Prieto's elementary and high school report cards indicating that he mostly received grades of "good" and "very good." The jury was reminded that Prieto acted alone in his crimes, and that he had exhibited leadership abilities when committing prior crimes.
The prosecution offered its own key witness, clinical and forensic psychologist Dr. Leigh Hagan, who interviewed Prieto and reviewed past reports on him by prison officials, Dr. Weinstein, and Dr. Merikangas. Dr. Hagan testified that Prieto understood the structure of jail, had a fairly sophisticated vocabulary, could cogently discuss foreign policy and political issues, could speak both English and Spanish, and did not exhibit significant limitations in his conceptual or social skills. The doctor cited evidence that Prieto could engage respectfully with others, could work within social networks, had been involved in intimate interpersonal relationships, and could perform daily mathematical and analytical tasks without difficulty.
Dr. Hagan further highlighted evidence that Prieto had been able to obtain driver's licenses in Virginia and California, secure employment, operate power equipment, fly cross-country, arrange his own housing, negotiate the purchase of a car, and employ aliases to avoid detection. He noted that Prieto could explain "why it was important to have his hair cut for court," because "he understood the value of creating a good impression," reflecting his social awareness. Ultimately, Dr. Hagan concluded that Prieto's "adaptive functioning falls above the threshold of significant limitations," because of his "conceptual reasoning, [his] social capacity, and his practical skill."
More common sense from a court that still has persons of sense. Contrast that with SCOTUS. The defendant in Hall had scored, twice, well above the 70 score (an 80 and a I believe a 78). But the Court had to toss the sentence. Ridiculous. Worthy of utter contempt.