The worst part of this case is that the murders took place in 1978. If there’s anyone on earth who deserves to die more than Freddie Hall, it would be a challenge to find him. But liberals are attracted to evil the way that flies are to honey. And so Hall will live.
Unfortunately we no longer have the rule of law in which legislatures make laws and courts carry them out. Instead we have judges unconstitutionally legislating their own laws.
And thanks to Justice Anthony Kennedy, also known as Reagan’s biggest mistake, Freddie Hall will go on living.
In February 1978 when Hall and his accomplice, Mack Ruffin, kidnapped Karol Hurst, 21 and seven months pregnant, from a grocery store parking lot in Leesburg, drove her to a remote area and raped her. She begged for her life, even wrote a $20,000 check before Hall shot her. Ten years earlier, Hall had raped another woman in Sumter County. He gouged her eyes out with his fingers to prevent her from identifying him, but he was still convicted and sent to prison.
The two men made their way to Ridge Manor, where they intended to rob a convenience store. Deputy Coburn, 25, responded to the suspicious men. He struggled with Hall, who got control of his service revolver and shot him. Law enforcement officers from around the region tracked the two men to a swamp in rural Pasco County and showed amazing restraint not shooting them.
In cases like these, there’s only so much a liberal can do. They can claim their poor little killer was abused as a child and that he’s insane or mentally retarded.
The insanity defense doesn’t work so well these days, but mental retardation does, and you can always find liberal doctors out to save a killer by labeling him retarded. That’s why there are so many born-again retards on death row.
And even though the mental retardation claim was as phony as Sotoymayor’s legal erudition, it paid off for one of the worst monsters on death row. Thanks to your friendly neighborhood liberal justices.
Hall’s lawyers have argued for years that he’s too mentally challenged to execute. In Florida, that would mean his IQ is below 70, a number Hall’s lawyers say the state pulled out of its you-know-what. Hall’s IQ test results ranged from 71 to 80.
When Hall’s attorneys first filed an appeal after the Atkins decision, Hall was given new IQ tests, and his scores fell between 71 and 80. In a subsequent appeal, Hall’s attorneys claimed testing showed Hall’s IQ range between 67 and 75.
Isn’t that convenient.
But the Supreme Court under Justice Kennedy decided that objective evidence doesn’t matter, only subjective “expert” manipulations of the system.
A divided Supreme Court said on Tuesday that Florida’s use of IQ tests as final evidence to determine death penalty eligibility is unconstitutional.
The case settles a capital punishment case that has been in the legal system since 1978.
“As interpreted by the Florida Supreme Court, however, Florida’s rule disregards established medical practice in two interrelated ways: It takes an IQ score as final and conclusive evidence of a defendant’s intellectual capacity, when experts would consider other evidence; and it relies on a purportedly scientific measurement of a defendant’s abilities, while refusing to recognize that measurement’s inherent imprecision,” Justice Anthony Kennedy said, writing for the majority.
“The death penalty is the gravest sentence our society may impose. Persons facing that most severe sanction must have a fair opportunity to show that the Constitution prohibits their execution,” Kennedy concluded. “Florida’s law contravenes our Nation’s commitment to dignity and its duty to teach human decency as the mark of a civilized world. The States are laboratories for experimentation, but those experiments may not deny the basic dignity the Constitution protects.”
The Constitution doesn’t protect “dignity”. It makes law. The Supreme Court once again inflicted cruel and unusual punishment on the Constitution by insisting that its Cruel and Unusual can be read to prohibit the death penalty for the supposedly retarded.
It was never the intent of Cruel and Unusual Punishment to mean anything of the sort, but it’s been used by liberal justices to do everything from ban denaturalization to the death penalty. So this abuse is nothing new.
The bottom line is that faking mental retardation now gets you off death row. And you can thank Justice Kennedy and the liberal justices for that.