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Updated Wednesday, March 10, 2010 6:07 PM
Sherman attorney gets man off Texas' death row
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.
 Comments ... 22 found!
Hello?? : 3/24/2010
I have submitted 3 comments on this article and not one has been published. Is this some sort of hick town cencorship? You insult bloggers who have something to say about this. Hillbillies!
john doe
my comments? : 3/23/2010
I posted a detailed commentary on this site two days ago. Why dont I see my post here? More of the same lame duck loser Democrat performance we have all come to know and not love. The Herald Democrat is proof that we hire the mentally challenged in Grayson County.
Joe Blow
: 3/21/2010
Since T.O. called me and my beliefs out, I would just like to express that I believe as my Savior Jesus teaches, in forgiveness.
TIP- do you know that most deaths can be accounted to "unforgiveness" it causes undue stress, that can cause high blood pressure. strokes, depression, heart attacks.... and it goes on.
I pray that Mr Ayers, and Mr Moore have the peace of God, AND THAT T.O. COMES INTO THE KNOWLEDGE, the lack of it, affects your eternity.
Believer
To: Fed Up : 3/16/2010
Fed Up, you are right. I do not know the lawyer or his client. I did not know the Ayers either. Ah, but there is one thing I do know though: this guy and his friends robbed and shot Mr. & Mrs. Ayers! You and Mr. Whitely night feel different if it were YOU or YOUR family who was robbed and murdered!
Buddy
attacking the wrong guy : 3/15/2010
I don't often respond to posts by readers, but I think those of you who are going after Mr. Smith have missed the point. He is a lawyer and he did his job. He didn't get a convicted murderer out of jail ... just off death row. Our Supreme Court decided we don't kill the mentally retarded for killing others because there is some doubt about their ability to understand their crime and the consequences. Either way, none of that is Mr. Smith's fault.
Jerrie Whiteley
Typical : 3/15/2010
First off, my sympathies to Mr Ayers as I am sure this is bringing back some painful memories. Secondly, it's perplexing to me that probably none of you here know the lawyer or his client, but you are comfortable making judgements about them. You probably don't know the law from your ###, but you apparently know more about it than 17 federal appellate judges. But hey, a lack of knowledge never keeps the fool from speaking out, most times loudly.
Fed Up
We shouldn't pay : 3/14/2010
I don't understand why people want to pay for a waste of human life like this. If someone makes the choice of death to others in a non-defensive way, they should pay for what they did. We as tax payers should not be paying for their life, for however long it will be.
Me
He's Still in Jail for Life : 3/13/2010
The attorney did just what an attorney is supposed to do, defend his client to the best of his ability. The system is set up that way and it doesn't matter what the crime, the person still has a right to an attorney who gives it all he's got. If the result doesn't please you, don't blame the atorney for doing his job well. Sometimes innocent people go to prison and sometimes guilty people go free and that's unfortunate but we aren't God and so we will all make mistakes. It's the best system there is but it's not perfect.
He will still spend the the rest of his life behind bars and for many killers who just take a plea bargain that is what they end up with anyway.
No court action will undo their acts of violence and bring back Ms Ayers or restore the paralysis of her husband.
mcf
A Crock : 3/13/2010
I'm sure the Ayers' family will be quite comforted to know that this guy was finally labeled "retarded" after years of begging and pleading by Mr. Smith and other lawyers. That makes it all better doesn't it? If you want to help people, why not help the innocent victims instead of the perps who prey on the innocent? Also, to the "believer" comment, I am not sure what you believe but I have to wonder. You said that "life is not any human's to take". Why don't you go preach that to Eric Moore and his murderous buddies who took these innocent people's lives instead of us?
T.O.
Unjust System : 3/12/2010
Evidently Eric Moore was competent to know he was doing wrong when he shot and robbed the Ayers. What justifies being mentally retarded? Lagging behind school or being taking advantage of? I think not, there are people who are really mentally challenged who know right from wrong and not faking it to get off death row. I think its unjust to let the ring leader of the crime into gen. population and the other man has already been executed for the crime he did not commit but was guilty by association. And the other 2 men are serving life sentences. Is this really what our justice system has come down to fighting for those who are guilty and manipulates the system? This attorney has been blindsided and hoodwinked by the so called gentle spirit of a killer.
PO'd
: 3/12/2010
Mr. Smith, you deserve a standing ovation, I have ministered to inmates on deathrow,and it is a life changing experience.
You have learned I'm sure that life is not any human's to take, and that is why your client remains in prison.
Another wrong does not make right. Many critics I'm sure are guilty of murder maybe not physical, but there is no weapon like the tongue, brandished by a hateful heart.
You did what your heart, mind and what THE LAW dictated. BRAVO!!!
A few could be mighty surprise one day to see Mrs. Ayears and Mr. Moore conversing in a place in peace.
The foolish things of the world will confound the wise.
A Believer
nice : 3/12/2010
I don't care if a person is retarded or not, if they kill someone then they are a killer.
nice
We can all sleep better : 3/12/2010
I'm sure we can all sleep better knowing a cold blooded murderer is off death row. How gentle and patient was he when he murdered a woman and attempted to murder her husband? This should not be about the type of person he is now (hey they all find religion and become a 'better' person in prison), but the type of person he was at the time of the murder.
Louise
Attorney : 3/12/2010
Sounds like the attorney needs to take Mr Moore's place
on Death Row. You can bet this sorry excuse for a lawyer received grant money for his education or some other form of government financing.
The Government money comes from US TAXPAYERS!!!!
"WAKE UP AMERICA" this is what is wrong with our Legal System. How long are We going to put up with this kind of waste of our tax resources?!?!?!?
Joker 1961
a thought : 3/12/2010
there are i am sure many other issues that were reviewed prior to this judgement. It is impossible to say that you know upon talking to someone that they are mentally impaired! Not every person presents clearly and distinctly, maybe we should review the states defintion of mental impairment. I am sure this man will never see a day of freedom nor would he probably want to (he would probably have a difficult time adjusting!) Why blame the attorney? He was appointed to the case and was doing his job. If it was your family member who was found mentally impaired wouldn't you want the same for your family. Having to "prove" anything in a court takes more than just walking in and saying it! Hello!! Has anyone every been involved in any kind of legal matter? And finally the second HIGHEST court in our country declared that this man should not be on death row! Do you not think that these 17 or so judges have some scale at which to measure the case? Obviously this man does not belong on death row!
a thinker
A Really Gentle Guy : 3/12/2010
A true gentle spirit would have tried to stop the vicious murder of this innocent woman and the attempted murder of the husband. Where is the "gentle" in this act? What am I missing here? Also, to MJ, I agree 100% with your comments but it was not the state who was reluctant - they wanted to execute him. It was this attorney who got this guy off of death row and the judge who ruled in his favor. Maybe if this gentle spirit is ever released, he can go stay with one of them.
Donny
: 3/12/2010
I know this attorney on a professional basis and truly believe that he would not make up, nor would the Supreme Court agree with, such a diagnosis without a legitimate basis. If you don't know someone who is mentally retarded, you wouldn't understand how they could be convinced to participate in such a heinous act and still truly be a gentle spirit. But trust me, it happens. Congratulations, Scott, and thank you for working on behalf of the disabled.
lac
Well Good : 3/11/2010
Well good, release the murder into gen pop. Maybe they will kill him since the state is so reluctant. Good job by the attorney to get a murderer out of a well deserved punishment. Maybe Mr. Smith can get me out of my taxes I owe. I mean sure I really owe them, but I have a gentle spirit so why should I pay them.
MJ Sherman, TX
Loser Attorney : 3/11/2010
I'll bet this sorry attorney also got paid for his representation. To bad the writer failed to detail how he was paid, if it was the State of Texas, and how exactly how much. Is his next trick to get him out of jail since it is a dangerous place and someone who is mentally retarted could get hurt or killed.
Not Surprised
that's an attorney for ya : 3/11/2010
Why do we act surprised?? This is a perfect example of how people these days can get away with murder. The couple was innocent, minding there own business. They didn't ask to get shot and paralyzed. Gotta love the justice system!
booyah
Not Sure About This One : 3/11/2010
Too bad they couldn't go back and get Mrs. Ayers off of the death row that this guy and his friends sentenced her to. She was "convicted" and killed on the spot. Now, everyone who is on death row and knows will claim they are retarded or have mental issues which I would agree with. I mean hey, there is deinfintley something wrong with anyone who can point a gun at someone and kill them while invading their home and robbing them! Does anyone deny that? Maybe they will claim that they were slow and lagged behind others in school or picked on and abused by others. That qualifies about 1/2 of the people I know. Will we excuse people for being bipolar? I mean, they can't help it, right? I am skeptical about his having to go to this extreme to "prove" someone is retarded. In the cases of all people I have known who were truly retarded, there was little or no question about it. You could talk to them for just a minute and you knew. Why did they have to "prove" this repeatedly to the judges and juries? It wouldn't surprise me if he's walking the streets again in a few years. Real justice for the Ayers!
Just Curious
Gentile : 3/11/2010
I am fairly confident that if any of us ended up on Death Row, we would easily convert to a gentle spirit.
ljym8
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