Orlando sentinel reports stay of execution

The Florida Supreme Court issued a stay of execution for David Johnston, a convicted killer who was scheduled to die by lethal injection on Tuesday.

The delay announced Thursday will allow a circuit judge in Orlando to hold a hearing on whether “newly discovered evidence” shows Johnston is mentally retarded.

Florida prohibits the execution of mentally retarded people.

To be considered legally retarded, a defendant must have an IQ of 70 or below and can’t perform “adaptive functions,” such as holding a job, cooking a meal and balancing a check book. Both conditions must have existed before the person was 18.

Johnston’s attorney, Todd Doss, told the high court Thursday in Tallahassee that a more recent, “more accurate” IQ test scored Johnston at 61 — lower than a previous test — and qualifies him to be spared the state’s death penalty.

Johnston, 49, was convicted in the 1983 murder of Mary Hammond. The 84-year-old woman was found stabbed to death in her Orlando home.

Johnston had been working at a demolition site near Hammond’s home and had spoken to Hammond before her death.

Read more online ….

http://www.orlandosentinel.com/news/local/breakingnews/os-death-penalty-florida-supreme-court-20100304,0,5367932.story