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By
Associated Press
.
Published: Sat, May 17, 2008 - 7:49 pm
of Earl Wesley Berry to go forward in a ruling issued Friday.
Federal Judge Allen Pepper Jr. in Greenville denied Berry's
request to halt his execution, which is scheduled for 6 p.m.
Wednesday at the Mississippi State Penitentiary at Parchman. The
court affirmed an earlier ruling that Berry waited to long to
appeal his sentence on the grounds that lethal injection in
Mississippi is a cruel and unusual punishment.
Berry was sentenced to death for the 1987 beating death of Mary
Bounds. He confessed to abducting Bounds as she left church choir
practice, killing her and dumping her body on a rural road in north
Mississippi.
Also on Friday, a Berry attorney asked the 5th Circuit Court of
Appeals to stop the execution on grounds Berry is mentally retarded
and cannot be executed.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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Most of them try their “get out of jail free” card about being mentally retarded and then throw in the “Cruel and unusual punishment” bit hopeing if one doesn’t save them the other one will. I thought this kind of crime deserved cruel and unusual punishment ,how can it be other wise if you hope to deter this kind of crime?It seems MR.Barry knows he’s about to meet his maker and is a bit nervous about it.