By Susybelle Gosslee, KERA 90.1 commentator
Dallas, TX – State governments act on behalf of its citizens in all situations, including executions. Therefore citizens - you and I - are responsible for the actions of the government in this and every execution. The Texas government is not them. It is us.
Later today, Texas will carry out its 315th execution since reinstating the death penalty in 1982. Kevin Zimmerman stabbed Mr. Leslie Gilbert Hooks, Jr., an uncontrollably violent man when intoxicated, as he was the night of his death. Mr. Zimmerman was diagnosed with a paranoid personality disorder, trauma due to a skull fracture, and a history of child abuse, neglect and abandonment, all of which was not brought up at the trial.
According to the National Coalition to Abolish the Death Penalty, Mr. Zimmerman has several factors that raise the question of how fairly the justice system has treated him. The jury never heard about his mental problems or the possibility that the crime was committed in self-defense, a very strong indication that he did not receive adequate representation at trial.
The National Coalition to Abolish the Death Penalty stated on their website that Mr. Zimmerman was so mentally ill that diagnostic tests indicated he was incompetent to stand trial. However, his defense counsel never pursued this during trial or requested his mental health records. How could a competent attorney overlook such a defense, especially when the U.S. Supreme Court outlawed the execution of the mentally retarded in Atkins v. Virginia?
The National Coalition to Abolish the Death Penalty reports that when the Supreme Court outlawed the execution of the mentally retarded in Atkins v. Virginia, Mr. Zimmerman's lawyers appealed his case on those grounds. The State of Texas operates on an IQ-only system. If the defendant's IQ falls below 70, they are retarded; if the IQ falls above 70, they are eligible for death. However, this does not consider that Mr. Zimmerman had head injuries, was a victim of child abuse, and had only six years of education. This raises a question: what was Mr. Zimmerman's functional level?
Another factor in this case is that the victim matters. Leslie Gilbert Hooks, Jr. was never investigated during the trial. He was an extremely violent man when he was intoxicated, which he was at the time of his death. Mr. Hooks' violence is demonstrated by his having beaten and kicked his pregnant wife so badly that she miscarried. Mr. Hooks purportedly antagonized Mr. Zimmerman, who snapped in self-defense.
Kevin Zimmerman is an example of why Texans should reconsider the justice system regarding the death penalty. Fairness is critical to a justice system, yet fairness is not what Mr. Zimmerman received. One might think that I chose his execution because of all these extenuating circumstances. When I began researching this execution, I thought today was the last execution date of the year. But with more research, I learned the Texas government will execute another inmate tomorrow. But that is the 316th story.
Susybelle Gosslee is president of the League of Women Voters of Dallas.