You cannot use the R word to define someone. It's an intellectual disability.
"How do you get drunk on death row?" - Werner Herzog
"When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row
Regardless of any technicality, he seemed functional and not retarded at all on his interview for Herzog's documentary. But I don't know if his mental condition may have deteriorated throughout his incarceration so far. Maybe he had too much wine.
With that in mind, an Intelligence Quotient (IQ) test below 70 is defined into that category.
"How do you get drunk on death row?" - Werner Herzog
"When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row
Intellectual disability will one day be a "slur" too. Look up the euphemism treadmill. Forgive the quip, but I have always found it "retarded" to think that retarded is a slur.
Don't ask questions, just consume product and then get excited for next products.
"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
does this mean that his sentence might get commuted? I would hate to think that if that was to happen, then his IQ test could suddenly take a very high leap, and his academic skills would show that he would be academically gifted. That would be totally screwing with the system.
@Maddy, there is a slim possibility of the TCCA commuting his sentence to Life. A series of tests will determine his capabilities. Milam is a 4th grade, which means he is above the threshold of an intellectual disability.
"How do you get drunk on death row?" - Werner Herzog
"When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row
Sixth to seventh grade equivalent is where someone with ID tops out, and that is with good SpEd. Most people with ID don't present to the lay examiner, anyway, because most cases are mild enough for the person to live largely independently and hold a job that isn't too challenging and/or has lots of routine (like washing dishes or driving a box truck on a fixed route).
I'm sorry but this whole thing is ridiculous. Milam reads at an 8th grade level despite quitting school in 4th grade, his employer testified that he was a competent employee and fast learner, and the Briseno factors were not used in his case. Moreover, Milam should not have been allowed to file this new tard card claim at the TCCA while appealing the previous denial at SCOTUS. SCOTUS and the 5th Circuit have all turned away his bogus claim, and SCOTUS would allow it to happen. Why the TCCA goes beyond the minimum mandated by SCOTUS in terms of inmate protection is beyond me.
A new claim cannot ripen every time the medical community makes the retardation umbrella more inclusive. That argument worked for the feds to get Alfred Bourgeois, another malingering child-killing "retard," to the Death Chamber. I'm glad Texas didn't try him - the circus clowns would have fallen for his phony claim of retardation even though he was a long haul truck driver who concealed the crime. As for Milam, the day of reckoning will come for this fake "retard."
Don't ask questions, just consume product and then get excited for next products.
"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
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