ABA files amicus brief in case over test for mental retardation
In an amicus brief filed this week in the case of Freddie Lee Hall v. Florida, the American Bar Association contends that the state of Florida violates the Eighth Amendment rights of certain defendants facing the death penalty by using a test for determining mental retardation that “is not in accord with scientific understanding of mental retardation.”
The ABA brief argues that Florida violates the Supreme Court’s 2002 ruling in Atkins v. Virginia, which banned the execution of defendants with mental retardation. Although the court left the task of developing tests to determine whether a defendant has mental retardation to individual states, the court suggested a state’s definition should “generally conform to the clinical definitions of professional mental disability organizations.” Florida’s test, which uses a raw IQ score as the sole basis for its determination, is contrary to Atkins’ guidance, the ABA argues.
Because Florida’s test has no foundation in scientifically recognized definitions, it “prevents accurate assessment of whether a defendant has mental retardation and allows for the execution of individuals with mental retardation who would not be executed in states that have followed Atkins’ guidance,” the brief concludes.
The ABA takes no position on the death penalty itself. However, since 1989, the ABA has maintained policy opposed to the death sentence or execution of defendants with mental retardation.
Ex-Oakland U. coach denies allegations of abuse against her
BLOOMFIELD HILLS (AP) — Oakland University’s former women’s basketball coach says she’s trying to understand why the school fired her.
Beckie Francis was fired by the 19,000-student school June 12. That same day, her husband Gary Russi announced his retirement as university president.
Oakland said that Francis physically and emotionally abused players, obsessed about their weight and pushed Christian beliefs on them.
But Francis denies the allegations.
“I enjoyed my time at Oakland,” Francis told The Detroit News for a recent story. “It was like it was our family. I loved my players. It’s very sad. I loved the university. I poured my heart and soul in that place.”
Francis said there were no hints of problems within the team, and no player ever came to her with issues regarding religion or diet.
“No players ever complained to me, no assistant coaches. There were no warnings. I have captains, and we talk about normal issues that teams have every year. But nothing of this magnitude. Nothing of these issues that have been out” in the public.
“I never pushed religion or Christianity on anybody,” Francis said.
Oakland athletic director Tracy Huth has declined to speak in detail about Francis or the circumstances of her firing.
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