Appellate Practice
Jun. 25, 2002
Lawyer Cites New Ban on Executing Retarded
RIVERSIDE - The attorney for a man charged in the killing last year of a Riverside police officer said Friday that the recent U.S. Supreme Court decision barring execution of mentally retarded murderers may apply to his client.
During a pretrial hearing Friday in Riverside Superior Court, attorney Mark Blankenship told Presiding Judge Christian Thierbach that he thinks his client, Steven Woodruff, fits the criteria cited by the nation's highest court in reaching its decision in Atkins v. Virginia, 2002 DJDAR 6937 (U.S. June 20, 2002).
In that case, the justices held that execution of mentally retarded defendants is cruel and unusual punishment that violates the Constitution.
Woodruff, who is accused of gunning down a Riverside police officer in January 2001, has a low IQ, his attorney said. People v. Woodruff, RIF095875 (Riverside Super. Ct., filed January 2001).
"I don't think we need to qualify jurors for a death penalty case when the law of the land now says that a person like Mr. Woodruff should not be executed," Blankenship said.
But Thierbach told Blankenship that it's too early to file a motion challenging the death penalty in the case of his client because the court has not yet received expert findings on the defendant's mental state and the case won't be tried until later this year.
"Such a motion is premature now," Thierbach told Blankenship. "It might be appropriate if the medical documents are there to support [a finding that Woodruff is mentally impaired] and if he is convicted of murder with special circumstances and the jury recommends the death penalty."
Woodruff has pleaded not guilty to the charges.
After Friday's status hearing, Blankenship said he intends to file a motion asking the judge to strike the death penalty from the case based on the Atkins finding and a recent determination by a medical expert that Woodruff's mental state "falls below what is considered normal."
Blankenship said he probably will file the motion next month when he submits documentation on Woodruff's mental state to Thierbach.
Chief Deputy District Attorney E. Michael Soccio said he agrees with Thierbach that a motion pertaining to the Atkins case on behalf of Woodruff "would be premature."
"But I think it's good news that [Blankenship] is thinking along those lines and asserting certain defenses," the prosecutor said after the hearing.
In past hearings, Soccio and Thierbach have questioned Blankenship's ability to represent Woodruff, arguing that he hasn't filed certain motions usually filed in death penalty cases. Blankenship has said any action or inaction he has taken in the case has been because of "tactical reasons."
Woodruff has asserted on the record that he wants Blankenship to keep representing him.
Thierbach scheduled the next status hearing for July 2. The trial is scheduled to begin in September.
Jason Armstrong & Sean Windle
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