Texas To Execute 'Mildly Retarded' Murderer Tonight, Defense Says

CNN.com:

Texas plans to put to death Tuesday a convicted rapist and murderer who, a neuropsychologist says, is "mildly mentally retarded," in the nation's first execution since a botched lethal injection in Oklahoma left an inmate writhing in pain before death.

Robert James Campbell's defense team is challenging, on a variety of grounds, the state's decision to execute him, including ineffective assistance of counsel, state misconduct, Texas' refusal to divulge the source of its execution drugs and the man's mental capacity.

In 2002, the U.S. Supreme Court concluded "the mentally retarded should be categorically excluded from execution."

The U.S. Fifth Circuit Court of Appeals denied motions for a stay. The motions cited the mental retardation and drug-source claims.

Texas Attorney General Greg Abbott, in a petition contesting the defense claims of mental retardation, questioned why Campbell waited until 12 years after a court had determined his mental state to raise the claims.

"Campbell's last-minute claim of mental retardation, which was previously raised and rejected in the federal and state courts does not warrant review. Campbell is not mentally retarded," according to pertinent case law, Abbott contends.

The execution of Campbell, 41, is slated for 7 p.m. ET at the Texas State Penitentiary at Huntsville, about 70 miles north of Houston. The facility, nicknamed "Walls Unit" for its red brick facades, has hosted 876 executions since 1924.

According to court documents and the Texas Department of Criminal Justice, Campbell was involved in a string of armed carjackings in 1990 and 1991. In one incident, Alexandra Rendon, a 20-year-old Houston bank employee, was snatched from a gas station, robbed, sexually assaulted and fatally shot.

"Mr. Campbell gave Ms. Rendon's coat to his mother, and her jewelry to his girlfriend, as gifts; he also drove Ms. Rendon's car openly in his own neighborhood, and told people he had been involved in the crime," according to his application for post-conviction relief.

These facts are key, as the defense team says they indicate that "Mr. Campbell demonstrates no criminal sophistication."

Testing showed Campbell had "applied academic skills consistent with an individual midway through fifth grade," according to court documents, and while he was able to count and add change, he was inconsistent "calculating change from a purchase."

He also asked a friend for help reading a non-digital watch, and an informant told the court Campbell could not read a car's gas gauge and "always had to ask others whether there was enough fuel to get to the destination," the documents say.

RELATED:  Oklahoma stops execution after botching drug delivery; inmate dies