A Texas jury rejected arguments that Johnny Paul Penry...

A Texas jury rejected arguments that Johnny Paul Penry was mentally retarded and sentenced him to death for killing 22-year-old Pamela Moseley Carpenter in October 1979. Penry, whose IQ has never tested above 70, has twice escaped previous death sentences when the U.S. Supreme Court overturned them in 1989 and in June 2001. On June 30 the high court ruled 6-3 that executing mentally retarded murderers is unconstitutional, so State District Judge Elizabeth Coker told jurors today that they had to find that he wasn't mentally retarded in order to impose the death penalty a 3rd time.