Texas to Execute Man Amid Ongoing Claims of Intellectual Disability

Arthur Lee Burton, 54, diagnosed as intellectually disabled, faces execution for the 1997 murder of Nancy Adleman, with his attorneys urgently petitioning the U.S. Supreme Court for intervention.

Ivy Lopez

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Ivy Lopez

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Aug 9, 2024

Texas to Execute Man Amid Ongoing Claims of Intellectual Disability

HUNTSVILLE, Texas - Arthur Lee Burton, a Texas man who is diagnosed as intellectually disabled by his counsel, is currently scheduled for execution for the 1997 murder of Nancy Adleman, a mother of three. Burton, 54, was found guilty of suffocating Adleman with her shoelace in a wooded area just off a jogging trail in July 1997. In Huntsville, the state penitentiary, he is scheduled to receive a lethal injection on Wednesday evening.

Source: Freepik

The U.S. Supreme Court has received petitions from Burton's attorneys, who contend that his intellectual disability warrants his exemption from the death penalty. The court's intervention is urgently required to halt Mr. Burton's impending execution, as his legal representatives have submitted unrebutted evidence that he is intellectually disabled and therefore categorically exempt from the death penalty.

During the trial, Burton admitted to the homicide, asserting that Adleman inquired as to the reason for his actions and that he was under no obligation to do so. Nevertheless, he contradicted this confession at a later date, asserting that it was coerced. Evaluations conducted by two experts have been cited by his defense team as evidence that he demonstrates substantial intellectual limitations. According to the petition, Burton's performance on standardized exams was "significantly below" his grade level, and he encountered difficulties with performing daily tasks.

In 2002, the Supreme Court declared that the execution of intellectually disabled individuals is unconstitutional. However, it has granted states the flexibility to determine the assessment of such disabilities. The result has been an ongoing discussion regarding the criteria employed to assess intellectual disability in capital cases.

Prosecutors contend that Burton did not previously assert intellectual disability and did not bring the matter to light until eight days before his scheduled execution. The reading and writing abilities of Burton are "generally at or higher than the average U.S. citizen," according to Thomas, a psychology professor at Providence College and an expert for the Harris County District Attorney's Office. This contradicts allegations of intellectual disability. "I have not seen any mental health or other notations that Mr. Burton suffers from a significant deficit in intellectual or mental capabilities," according to Thomas.

Burton was convicted of homicide in 1998; however, the Texas Court of Criminal Appeals reversed his death sentence in 2000. In 2002, he was retried and sentenced to death once more. His legal team has accused the Texas Court of Criminal Appeals of invalidating their claims of intellectual disability without considering them adequately.

The case has heightened awareness of the more extensive concerns associated with capital punishment in Texas, the state with the highest number of executions in the country. Burton would become the 11th offender in the United States and the third in Texas to be executed this year. Advocates for criminal justice reform have requested that the standards used to assess intellectual disability in death penalty cases be reassessed.

Supporters of Burton are imploring the Supreme Court to intervene as the execution date approaches. "We think that the evidence unequivocally demonstrates that Arthur Lee Burton should not be executed," stated one of his attorneys. He cited that the legal system must ensure that individuals with intellectual disabilities are protected from the death penalty."

The case emphasizes the persistent ethical difficulties and complexities associated with capital punishment, particularly in the context of intellectual disability and mental health. 

The outcome of the ongoing legal dispute will not only influence Burton's fate but also potentially influence future cases involving identical claims in Texas and beyond.

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