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Court Denies Death Row Appeal Based on FAS History
October 6, 2009

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News Summary

A woman who murdered a retired Louisiana minister had her death-row appeal rejected by the U.S. Supreme Court, which ruled against Brandy Holmes' contention that her debilitation caused by fetal alcohol syndrome (FAS) should have been considered during her sentencing.

CNN reported Oct. 5 that the high court turned down the appeal without comment. Holmes' lawyers had argued that their client's FAS background should have kept her from facing capital punishment, saying she had the mental functioning of a 10- to 12-year-old.

The appeal was supported by the National Organization on Fetal Alcohol Syndrome (NOFAS). "Brandy has a hallmark case of FAS," said NOFAS President Tom Donaldson. "Her mother testified that she drank throughout her pregnancy, and in fact named her daughter after her favorite drink. Brandy's capacity to appreciate the criminality of her actions or to conform to the law is very seriously impaired."

Holmes and a male codefendant were convicted of murdering Julian Brandon in 2003.

COMMENTS ON THIS ARTICLE:

Posted by Don Fultz on 07 Oct 09 10:40 AM EDT
What is bothersome about the decision is that it was "without comment," as if killing a person requires no explanation. You can argue that she didn't offer an exlpanation to the person she killed, but that only means that we came down to her level in our punishment.

Posted by William Woessner on 07 Oct 09 11:07 AM EDT
While I am unfamiliar with the laws of Louisiana, it would seem that FAS would clearly qualify as a "mental defect" (if such a defense is permissible) and could have been used as both a legal defense and a mitigating factor to be considered at her sentencing. It certainly makes one wonder about the competency of her defense team (I'm going to go out on a limb here and assume it was a public defender). It's very sad that this is how our society treats the least among us. We have a long way to go before we are truly civilized.

Posted by Hermann T. Meyer on 07 Oct 09 11:13 AM EDT
Incredible, medieval justice

Posted by Diane Kopperman on 07 Oct 09 12:44 PM EDT
Although intuitively it makes sense that a person with the intellect of a 10- or 12-year-old would be incompetent, the courts have historically not considered mental age to be relevant to the discussion, as you will also find people with mental retardation on death row, particularly in Texas. For whatever reasons, right or wrong, the concept is applied to mental illness only, not mental development. Perhaps this is an area where citizens need to put more pressure on the legal system to expand its definition of competency.

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