Texas man who claimed intellectual disability is executed for 1997 killing of female jogger

HUNTSVILLE, Texas — A Texas man who claimed an intellectual disability in a late attempt at a reprieve was executed Wednesday evening for the killing of a woman who was jogging near her Houston home more than 27 years ago. Hours before the scheduled execution time, the U.S. Supreme Court declined a defense request to intervene after lower courts had previously rejected Burton’s request for a stay. Burton’s lawyers had argued that reports by two experts and the records showed Burton “exhibited low scores on tests of learning, reasoning, comprehending complex ideas, problem solving, and suggestibility, all of which are examples of significant limitations in intellectual functioning.” They had argued the evidence was a strong indication of an intellectual disability that made him “categorically exempt from the death penalty.” Prosecutors, however, argued that Burton had not previously raised claims of an intellectual disability and that he had waited until eight days before his scheduled execution to do so. In their petition to the Supreme Court, Burton’s lawyers accused the Texas Court of Criminal Appeals of rejecting their claims of intellectual disability because of “hostility” toward prior Supreme Court rulings that criticized the state’s rules on determining intellectual disability. In its filing to the Supreme Court, the Texas Attorney General’s Office denied that the state appeals court was refusing to adhere to current criteria for determining intellectual disability.