Family
Perspectives on Parenting©
by Nancy Lambert Davenport


Nancy Davenport's Column:
For Richardson News 07-11-99
Copyright Nancy Lambert Davenport 1999


"Death Sentence"


Unfortunately, it cannot be said that Cary Houston, after shooting and killing a young actor in 1992 in Dallas, is faithfully serving his time in prison. The killing was a group activity and witnesses declared him to be the trigger man. He was only 14 at the time, but he is labeled mentally retarded. Instead of going to prison, he was put in Mexia State School-not a comforting action, I feel sure, for the families of other more gentle residents at that facility.

Since then Mr. Houston has simply walked away from Mexia numerous times. When police were contacted to bring him back, they said they could not do that because he had not been convicted of a crime. The best they could do is file a missing person report. Most recently, it turns out that he had gone to stay with his family. Only when a reward, instigated by the murder victim's family, was offered on television, did they bring him back-six months after his disappearance.

Earlier this year, Cary Houston's family members sought his release on grounds that he is not sufficiently retarded to be kept at Mexia. I have a feeling his family is not aware of the new law in effect, called appropriately the Cary Houston Law. It says that juveniles who avoid prosecution because of mental disabilities can be brought to trial if they are later found competent.

Let's review a few things about mental retardation. It is not something one outgrows, gets over, or from which someone suddenly recovers. As with most disabilities, people with mental retardation learn to live with their disability and compensate for it as best they can. Many are remarkably good at it, but they do not get over it as Cary Houston's family implies.

I will tell you another very important thing about people with mental retardation: most of them know it is very wrong to kill people. I can say the same thing about the rest of society: most of them know it is very wrong to kill people. In other words these few people with mental retardation, about whom everyone has been reading, are killers because they are mean not because they are mentally retarded.

I do believe that some special provision does need to be made for them. More and more citizens with mental retardation are out in society. Odds are there are going to be a few lemons as there are in any group of people. When they commit a crime, they have no business being put in the state school with innocent people any more than people who are not mentally retarded should not be allowed to be with their innocent peers as a punishment. There are so few people with mental retardation who commit serious crimes that no provision has been made for their punishment.

Twelve of the 25 states with capital punishment prohibit execution of people who are mentally retarded. Texas is not one of them. Recently, the legislature considered the subject--passing it in the Senate, but killing it in the House. The Arc's of Dallas, Texas and the U.S. have taken the position that people with mental retardation should not be executed.

It is clear to me that execution is not the answer. After some consideration, that punishment for people with mental retardation seems barbaric under these circumstances. But something does need to be done-perhaps a special prison unit. A state committee probably should be assembled to deal with the problem as much as I hate the thought of another committee. It may work with the right people on it. The Cary Houstons of the world need to serve their punishment in an appropriate place.


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Nancy Lambert Davenport
EMAIL: nancdave@swbell.net
URL: http://www.nancyldavenport.com