Supreme court backs murderer with dementia in death penalty case
US states may not execute prisoners who cannot rationally understand the reasons for their punishment, the supreme court ruled on Wednesday, siding with an Alabama man who in recent years has suffered strokes and dementia that wiped out his memory of murdering a police officer in 1985.
In a 5-3 decision, the justices threw out an Alabama state court ruling that Vernon Madison, 68, was legally eligible to be executed, directing the lower court to reconsider the case.
The US constitution’s eighth amendment, which bars cruel and unusual punishment, prohibits capital punishment for those who cannot understand why they will be put to death, the justices ruled.
Chief Justice John Roberts joined the court’s four justices regarded as sitting on the liberal wing of the bench in siding with Madison in the ruling written by Elena Kagan.
Madison shot Julius Schulte, a police officer in Mobile, Alabama, twice in the back of the head as Schulte supervised Madison’s move out of his former girlfriend’s house, court papers said.
While in prison, Madison suffered several strokes in recent years, resulting in brain damage, dementia and retrograde amnesia, court papers said. He is legally blind, cannot walk unassisted and speaks with a slur.
Writing for the court’s majority, Kagan said a state is not barred from administering the death penalty if a prisoner merely forgets committing a crime.
“If Alabama is to execute Madison,” Kagan said from the bench, “the eighth amendment requires, and the state must find, that he’ll understand why.”
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who are known
for sitting on the conservative wing of the bench, dissented, saying the majority went too far in ruling for Madison because the question the court had been tasked with deciding was limited to the legality of the death penalty for prisoners who forget their crimes.
Many inmates now spend decades on death row. Madison was sentenced to death in 1994.
The supreme court has shown no indication of taking up the broader question of whether the death penalty itself violates the US constitution.
Justice Brett Kavanaugh, an appointee of Donald Trump, had not yet joined the court when the case was argued last October, and did not participate in the decision.
Madison, who is African American, was sentenced to death in his third trial. His first two convictions were thrown out on appeal for racial discrimination in jury selection and other prosecutorial misconduct.
During the litigation, the justices heard from Alabama and Madison’s attorneys that severe cognitive decline could preclude a state from executing inmates who cannot understand what was happening to them. But they disagreed on whether Madison understood the circumstances of his execution.
The state argued that memory loss alone cannot exempt a person from capital punishment. Madison still understood that he is being punished for a crime he committed and that it was not cruel or unusual to carry out his death sentence, the state said.
Madison’s attorneys asked the justices to bar execution when someone has a disability that renders them incapable of “orienting to time or place”.
A federal appeals court ruled in 2017 that Madison cannot be executed, saying the evidence showed he had a serious mental disorder resulting in dementia and believed he did not kill anyone. The justices overturned that ruling, but in 2018 halted his execution and agreed to hear his case.