One of the longest-running death penalty cases in Florida's history may well hinge on whether or not the defendant can be considered mentally retarded. Twenty-six year old D'Andre Bannister has spent the last seven years in prison awaiting trial for the 2002 beating death of his four-year old stepson, Tarquez Wilson. Bannister was arrested and charged after the child died in a Riviera Beach hospital with multiple injuries to his head and internal organs. Bruises were also found all over his body. Prosecutors voted to pursue the death penalty based on the circumstances of the case.
Under Florida law, an IQ of less than 70 is required for a defendant to be considered mentally incapacitated. During a Circuit Court hearing into the case, defense psychologist Harry Krop reported that Bannister obtained an IQ of 69 in a 2008 assessment. In another assessment by a prosecution psychologist however, Bannister was found to have an IQ of 78. Dr. Krop suggested that the discrepancy may be due to the longer time that Bannister spent in the structured environment that the prison offered. The defendant has also been actively resisting being diagnosed as mentally challenged due to the stigma associated with the label.
The legal battle over the Bannister case stems from a 2002 Supreme Court decision ruling that execution of mentally retarded people represented "cruel and unusual punishment". Bannister's trial, and the testimony of the three psychologists who have been asked to assess his intelligence, is still ongoing.
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