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Death Row Inmate Deemed Competent
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YORKTOWN, Va. Aug. 6, 2005


Daryl Atkins, center, sits with his defense attorneys, Joseph Migliozzi, Jr., left, Mark Oliver, second left, Richard Burr, right, in a courtroom in Yorktown, Va. Atkins faces execution in December. (AP)


(AP) 

"People in this community rejected that. We don't know why," attorney Richard Burr said.

During a court proceeding that the judge said was unique in judicial history, defense lawyers had portrayed Atkins' mental abilities as so limited he was cut from the football team because he couldn't understand the plays.

The prosecution blamed his poor performance in school on the use of drugs and alcohol, and said the claim of mental retardation was a ploy to avoid execution.

Both sides called expert witnesses who disagreed on whether Atkins fell into the category of mentally retarded.

An IQ of 70 or less by the age of 18 is required to be considered mentally retarded in Virginia, which also takes into account social skills and the ability to care for oneself. Atkins had scores of 59, 67, 74 and 76 on IQ tests, but they were given when he was older than 18.

Atkins was 18 when he and William Jones killed Airman 1st Class Eric Nesbitt, 21. Nesbitt was abducted outside a convenience store, forced to withdraw money from an automated teller machine and driven to a desolate road, where he was shot eight times.

Prosecutors said Atkins was the triggerman. A plea agreement was reached with Jones, who testified against Atkins and received a life sentence.

Atkins' case has been closely watched by civil rights activists, in part because the jury did not include any blacks and Atkins is black. The jurors declined to comment after the verdict was read.

Eighteen states already had laws on the books exempting the mentally retarded from execution before the Supreme Court's ruling in Atkins' case. Eight, including Virginia, have revised their laws to comply with the ruling.

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