BY JERRIE WHITELEY
HERALD DEMOCRAT
Attorneys often say they love the law because it gives them a chance to help people. Sherman attorney Scott Smith recently won a legal battle to prove a man is mentally retarded and exempt from the state's highest punishment for murder.
Smith said his client, Eric Lynn Moore, should soon be released from Texas' Death Row to another part of the state's penitentiary system. The United States Supreme Court recently refused to hear the state of Texas' final appeal of a ruling that declared Moore mentally retarded.
"I went to New Orleans three times to argue his case before the federal appeals court," Smith said, "One of those arguments was in front of all (17) federal appeals court judges. Arguing a case in the second highest court of the land, in front of (17) questioning judges was the most difficult, but rewarding thing I have done in my legal career.
"In the course of knowing any person for 11 years, even someone on death row, you get to know something about them. To me, Eric is a gentle spirit and he has been a very patient client. It certainly does not excuse his part in a horrible crime, as even mentally-challenged offenders have to pay for their crimes. Eric will still bear a life sentence to pay for those acts."
Though Smith has represented Moore since 1999, the case began on Dec. 10, 1990, when Moore and three other men entered the home of Richard and Elizabeth Ayers near Celina. The couple were robbed and shot. Mrs. Ayers died of her injuries and Richard Ayers survived but was paralyzed.
A jury convicted Moore of capital murder in the case in June of 1991 and condemned him to die for the crime later that same month. The Texas Court of Criminal Appeals affirmed that conviction and sentence in 1994. The Texas Court of Criminal Appeals then denied Moore's initial appeal in November of 1998. His federal writ for Habeas Corpus (relief) was denied in November of 2001 and affirmed by the Fifth Circuit in April of 2003.
On June 20, 2002, the U.S. Supreme Court decided a case that would impact Moore's case and Smith's career. In Atkins v. Virginia, the Court held that it was unconstitutional to execute a mentally retarded defendant.
Shortly after that ruling, Moore's attorney filed a second application for post-conviction relief with the state courts in which he claimed Moore was mentally retarded and therefore protected under Atkins v. Virginia. That began a round-robin of activity that took the case through the system and back again while Moore's attorneys tried to save him from execution.
In December 2004, Moore and his counsel finally had their chance to prove that Moore fit the definition of a person who suffered from mental retardation. Family members, teachers and school records offered evidence to show that Moore continually lagged behind his peers in academics as well as social settings. Family testimony also showed that he had been abused by family members and was frequently taken advantage of by others. In 2005, federal district Judge Leonard Davis agreed and declared Moore should not face execution. Appeals from the state, Smith said, kept his client on death row.
Moore remained housed with Texas' condemned inmates Wednesday. No information on when he will be moved was available Wednesday afternoon from state officials.