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Missouri Is About to Execute a Man Who’s Missing Part of His Brain

Mother Jones

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Cecil Clayton, 74, who had parts of his brain removed after an accident 40 years ago, is scheduled to be put to death on Tuesday. He was convicted of first-degree murder after killing a cop in 1996. Unless Missouri’s Supreme Court, a federal court, or Republican Gov. Jay Nixon accepts the evidence that Clayton is mentally unfit for capital punishment, his execution will proceed.

Missouri law states that a person cannot be executed if, as a result of mental disease or defect, he or she is unable to “understand the nature and purpose of the punishment about to be imposed upon him.” However, state law offers no mechanism for the defendant to set up a competency hearing after trial. The fact that Clayton was tried and sentenced before receiving an evaluation is complicating efforts to save him from the executioner, and creating what his lawyers call a “procedural mess.”

In 1972, Clayton was a sober, religious husband and father working at a sawmill in Purdy, Missouri. One day, a piece of wood flew from his blade, piercing his skull and entering his brain. Doctors eventually had to remove nearly one-fifth of his frontal lobe—the part of the brain that is crucial to decision making, mood, and impulse control. Clayton was completely transformed: His IQ dropped to 76, and he developed serious depression, hallucinations, confusion, paranoia, and thoughts of suicide. He relapsed into alcoholism, and his wife divorced him.

Clayton was officially diagnosed with chronic brain syndrome in 1983, which includes psychosis, paranoia, depression, schizophrenia, and decreased mental function. The severity of his condition rendered him unable to work. In 1979, a doctor said he was “just barely making it outside of an institution.” In 1984, another doctor found him to be “totally disabled” and the government placed him on disability benefits.

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Missouri Is About to Execute a Man Who’s Missing Part of His Brain

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