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Execution of Warren Hill “Shakes the Foundation of our Legal System for People with Intellectual Disabilities”

Washington, DC – This evening, the state of Georgia executed Warren Hill, a man who experts unanimously determined to have intellectual disability, which should have ruled out the death penalty per a 2002 Supreme Court ruling, Atkins v. Virginia, and a 2014 Supreme Court ruling, Hall v. Florida. There was a stay motion and a petition for a writ of certiorari filed to the U.S. Supreme Court which was denied this evening. Justice Stephen Breyer and Justice Sonia Sotomayor voted to stay the execution.

“Georgia’s ability to ignore experts and cross the line drawn by a more than decade-old Supreme Court ruling shakes the foundation of our legal system for people with intellectual disabilities. Just last year, the Supreme Court reaffirmed its commitment to ensuring justice for individuals with intellectual disability, with their ruling in Hall v. Florida, and it is extremely disappointing that following this decision justice did not prevail in Georgia.

“The facts in this case are clear – experts unanimously agreed that Mr. Hill had intellectual disability, yet the appeals at the state and federal levels were ignored.  The state’s actions in this case are unconscionable,” said Peter Berns, CEO of The Arc.

Warren Lee Hill, was found by a state court judge to have an IQ of approximately 70 and to meet the criteria for intellectual disability overall by a preponderance of the evidence. Georgia’s “beyond a reasonable doubt” legal standard for proving intellectual disability claims prevents Mr. Hill from being protected by Georgia and federal law prohibiting the execution of people with intellectual disability.

“This is a sad day for our community, and a shameful one for the courts that allowed this unconstitutional execution to take place. Our thoughts and prayers are with Mr. Hill’s family and his legal team.  The Arc will continue fighting for the rights of people with intellectual and developmental disabilities, and in the aftermath of this case we will only increase our legal advocacy efforts to ensure that the Supreme Court’s decisions are upheld and justice is appropriately served,” said Berns.

The Arc has been involved in this case for years. Nationally The Arc has participated in an amicus brief before the U.S. Supreme Court and written multiple letters urging clemency on behalf of Mr. Hill.

In its 2002 Atkins decision, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability (formerly referred to as “mental retardation”) and banned the execution of persons with intellectual disability as cruel and unusual punishment under the Eighth Amendment. In its more recent 2014 Hall decision, the U.S. Supreme Court again reinforced its earlier decision that people with intellectual disabilities not be executed, requiring that consideration of evidence beyond IQ tests be taken into account when determining intellectual disability.

The Arc Responds to Denial of Clemency for Warren Hill

Washington, DC – This morning, the Georgia Board of Pardons and Paroles voted to deny clemency in the case of Warren Hill, a man who has an intellectual disability (ID). Mr. Hill’s diagnosis of intellectual disability allows for protections found within the U.S. Supreme Court’s decisions in Atkins v. Virginia and Hall v. Florida. There is a stay motion and a petition for a writ of certiorari with the U.S. Supreme Court. They can still intervene and stay the execution, sparing Mr. Hill’s life.

“A gross miscarriage of justice has been committed in Georgia today. It is extremely disappointing that the Georgia Board of Pardons and Paroles failed to listen to pleas from The Arc, other organizations and experts to commute Mr. Hill’s sentence to life in prison without possibility of parole.  The facts in this case are clear – and the state’s action clearly goes against the U.S. Supreme Court’s previous decisions in Atkins v. Virginia and Hall v. Florida. We hope that the Supreme Court will intervene and stay the execution, they are the last and only chance for justice in this case,” said Peter Berns, CEO of The Arc.

Warren Lee Hill, was found by a state court judge to have an IQ of approximately 70 and to meet the criteria for intellectual disability overall by a preponderance of the evidence. Georgia’s “beyond a reasonable doubt” legal standard for proving intellectual disability claims prevents Mr. Hill from being protected by Georgia and federal law prohibiting the execution of people with intellectual disability.

The Arc has been involved in this case for years. Nationally The Arc has participated in an amicus brief before the U.S. Supreme Court and written multiple letters urging clemency on behalf of Mr. Hill.

In its 2002 Atkins decision, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability (formerly referred to as “mental retardation”) and banned the execution of persons with intellectual disability as cruel and unusual punishment under the Eighth Amendment. In its more recent 2014 Hall decision, the U.S. Supreme Court again reinforced its earlier decision that people with intellectual disabilities not be executed, requiring that consideration of evidence beyond IQ tests be taken into account when determining intellectual disability.

Statement from Brian Kammer, Attorney for Warren Hill

“Today Georgia set an execution date for a man who has had intellectual disability since childhood, and whose execution would be unconstitutional. Twice the lower court found Warren Hill to have intellectual disability by the preponderance of the evidence, a widely-used and appropriate standard. All of the states’ experts have agreed, and in fact no expert who has ever examined Mr. Hill disputes that he has intellectual disability. Many prominent leaders in the field of intellectual disability agree that Mr. Hill should not face execution because he is a person with lifelong intellectual disability. The only reason that he is now at risk of execution is that Georgia’s standard – requiring capital defendants to prove they have intellectual disability ‘beyond a reasonable doubt’ – is not science-based and inherently denies people like Mr. Hill from receiving the protection which the U.S. Supreme Court has ordered. Last year, the U.S. Supreme Court wrote in Hall v. Florida, ‘Persons facing that most severe sanction must have a fair opportunity to show that the Constitution prohibits their execution.’  Georgia’s standard does not allow that ‘fair opportunity.’ It is unfathomable that Georgia is planning the execution of a man with intellectual disability, who is constitutionally protected from execution.”

-Brian Kammer, attorney for Warren Hill

-January 16, 2015

The execution order can be accessed here: http://bit.ly/1AoNSaR