During a hearing in Franklin Circuit Court today, Judge Phillip Shepherd was apprehensive about both Kentucky’s death penalty protocol for people with mental retardation in general and the case of Gregory Wilson in particular. Wilson, who has an IQ of 62, is scheduled to be executed by lethal injection on Sept. 16.
“It seems to me that this regulation could be followed to the letter and someone who is mentally retarded could still be executed,” Shepherd said, according to the Lexington Herald-Leader.
“I’ve got to say, I’m not sure the system has worked in Mr. Wilson’s case,” Shepherd said. “It troubles me that we’re on the verge of an execution here.”
Shepherd also said there was no “good answer” on whether or not Wilson is mentally retarded or insane.
The U.S. and Kentucky Supreme Courts have both ruled the threshold for execution is an IQ of 70 or greater.
Shepherd said he would rule on the appeal Wilson and two other death row inmates filed, which challenges how the commonwealth “adopted its administrative procedure of carrying out an execution,” by the end of this week.
Read the entire article at the Lexington Herald-Leader’s “Judge hears argument over Ky. execution protocol.”