Suspected San Jose cop killer Campbell ruled mentally retarded, will not face death penalty
By Sean Webby
Mercury News
Posted: 12/23/2008 02:12:50 PM PST
Suspected cop killer DeShawn Campbell is mentally retarded, a judge ruled Tuesday, which means he cannot face the death penalty if he's convicted of fatally shooting San Jose police officer Jeffrey Fontana.
Judge Diane Northway's ruling blocks the District Attorney's Office from seeking capital punishment in the case because the U.S. Supreme Court has ruled it unconstitutional to execute mentally retarded criminals.
The long legal battle over Campbell's mental condition has added to the controversy and widespread exasperation with the sluggishness of the case. It's been more than seven years since Fontana was gunned down in the line of duty.
Northway's decision reverses her earlier ruling that Campbell was not retarded. The judge was ordered to reconsider his mental capacity after it was discovered a witness in an earlier hearing on the issue had mistaken Campbell for another youth.
"Judge Northway's ruling effectively ends the unconstitutional pursuit of the death penalty against a mildly mentally retarded man by the prosecution,'' said Edward Sousa, Campbell's attorney.
Fontana's parents said they were extremely disappointed, as did San Jose Police Chief Rob Davis: "It's been a case that's dragged on for seven years. My heart goes out to the Fontana family. Sandy and Tony have been put through the wringer ''
Sandy Fontana, Jeffrey Fontana's mother, said she was confused by the about-face. "We do not understand what
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compelling evidence changed her mind."
Tuesday, Northway also set a Jan. 12 trial date, although the start of the trial probably wouldn't happen that quickly.
There is a possibility that there could be another delay if the District Attorney's Office decides to appeal the mental retardation ruling. Prosecutor Lane Liroff said the office has not decided whether to appeal.
"The first thing we are looking at is a chance of success,'' Liroff said. "But the prosecution must also address the fact that an appeal could cause a substantial delay.'' An appeal could take one to three years.
Fontana's family wants an appeal, said Tony Fontana, the late officer's father.
"It's been seven years already that we've been strung along, and we've gone nowhere," Tony Fontana said. "I wish we had a judge we could believe in."
In August 2007, after a hearing, Northway ruled that Campbell was not mentally retarded.
But five months later, a state court of appeal ordered a new hearing after a former youth worker came forward to admit he had confused Campbell with another person while testifying about the defendant's mental abilities.
In her decision announced Tuesday, Northway gave much of the credit for changing her mind to the testimony of Dr. Stephen Greenspan, a national expert on mental retardation who testified for the defense. Greenspan interviewed and tested Campbell. In one test, intended to measure if a person can make good decisions in social situations, Campbell reportedly scored a zero.
For example, Campbell, 29, was asked what a small child should do if a stranger drove up and said that something had happened to one of the child's relatives and offered them a ride home.
Campbell said the child should get in the car.
Sousa said Campbell had the mental age of a child 8 to 12 years old — a vulnerable and easily exploited condition he said would be important in his defense of the suspect. Sousa would not elaborate.
Campbell was "relieved that the potential for execution is gone,'' Sousa said.
"He was very frightened,'' Sousa said. "Exactly how a 12-year-old kid would feel."
Fontana was fatally shot in the head during a traffic stop Oct. 28, 2001, in Almaden Valley. Campbell was arrested the next month and charged with killing Fontana. Since then, the case has slowly wound its way through myriad hearings and delays. The length of the case has become controversial, especially for police and Fontana's family — who have called for speedier justice.
In 2002, the U.S. Supreme Court ruled that the death penalty is cruel and unusual punishment for mentally retarded convicts. .
http://www.mercurynews.com/crime/ci_11297096?nclick_check=1
By Sean Webby
Mercury News
Posted: 12/23/2008 02:12:50 PM PST
Suspected cop killer DeShawn Campbell is mentally retarded, a judge ruled Tuesday, which means he cannot face the death penalty if he's convicted of fatally shooting San Jose police officer Jeffrey Fontana.
Judge Diane Northway's ruling blocks the District Attorney's Office from seeking capital punishment in the case because the U.S. Supreme Court has ruled it unconstitutional to execute mentally retarded criminals.
The long legal battle over Campbell's mental condition has added to the controversy and widespread exasperation with the sluggishness of the case. It's been more than seven years since Fontana was gunned down in the line of duty.
Northway's decision reverses her earlier ruling that Campbell was not retarded. The judge was ordered to reconsider his mental capacity after it was discovered a witness in an earlier hearing on the issue had mistaken Campbell for another youth.
"Judge Northway's ruling effectively ends the unconstitutional pursuit of the death penalty against a mildly mentally retarded man by the prosecution,'' said Edward Sousa, Campbell's attorney.
Fontana's parents said they were extremely disappointed, as did San Jose Police Chief Rob Davis: "It's been a case that's dragged on for seven years. My heart goes out to the Fontana family. Sandy and Tony have been put through the wringer ''
Sandy Fontana, Jeffrey Fontana's mother, said she was confused by the about-face. "We do not understand what
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compelling evidence changed her mind."
Tuesday, Northway also set a Jan. 12 trial date, although the start of the trial probably wouldn't happen that quickly.
There is a possibility that there could be another delay if the District Attorney's Office decides to appeal the mental retardation ruling. Prosecutor Lane Liroff said the office has not decided whether to appeal.
"The first thing we are looking at is a chance of success,'' Liroff said. "But the prosecution must also address the fact that an appeal could cause a substantial delay.'' An appeal could take one to three years.
Fontana's family wants an appeal, said Tony Fontana, the late officer's father.
"It's been seven years already that we've been strung along, and we've gone nowhere," Tony Fontana said. "I wish we had a judge we could believe in."
In August 2007, after a hearing, Northway ruled that Campbell was not mentally retarded.
But five months later, a state court of appeal ordered a new hearing after a former youth worker came forward to admit he had confused Campbell with another person while testifying about the defendant's mental abilities.
In her decision announced Tuesday, Northway gave much of the credit for changing her mind to the testimony of Dr. Stephen Greenspan, a national expert on mental retardation who testified for the defense. Greenspan interviewed and tested Campbell. In one test, intended to measure if a person can make good decisions in social situations, Campbell reportedly scored a zero.
For example, Campbell, 29, was asked what a small child should do if a stranger drove up and said that something had happened to one of the child's relatives and offered them a ride home.
Campbell said the child should get in the car.
Sousa said Campbell had the mental age of a child 8 to 12 years old — a vulnerable and easily exploited condition he said would be important in his defense of the suspect. Sousa would not elaborate.
Campbell was "relieved that the potential for execution is gone,'' Sousa said.
"He was very frightened,'' Sousa said. "Exactly how a 12-year-old kid would feel."
Fontana was fatally shot in the head during a traffic stop Oct. 28, 2001, in Almaden Valley. Campbell was arrested the next month and charged with killing Fontana. Since then, the case has slowly wound its way through myriad hearings and delays. The length of the case has become controversial, especially for police and Fontana's family — who have called for speedier justice.
In 2002, the U.S. Supreme Court ruled that the death penalty is cruel and unusual punishment for mentally retarded convicts. .
http://www.mercurynews.com/crime/ci_11297096?nclick_check=1
