Execution Report: Bobby Woods

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A jury convicted Woods of capital murder in May 1998 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in 2000. All of his subsequent appeals in state and federal court were denied, including a series of appeals claiming that he was ineligible for execution because of mental retardation.

Woods was also convicted of the attempted capital murder of Cody Patterson and was given a life sentence for that crime.

Sources differ on whether the children's mother, Schwana Cletus Patterson, was home when they were taken. According to the Texas Court of Criminal Appeals' summary of Woods' case, she was not. According to newspaper reports, however, prosecutors alleged that she was home and heard her children screaming, but failed to help them. She was arrested and charged with serious injury to a child by omission - a first-degree felony. A jury convicted her in September 1998 and sentenced her to 23 years in prison. On appeal in August 2001, her conviction was reduced to a second-degree felony, and her sentence was reduced to 8 years in prison. She was paroled in March 2005, and was released from parole supervision upon the expiration of her sentence in September 2006.

Woods' original execution date in January 2008 was stayed because of a temporary nationwide moratorium on lethal injections while the U.S. Supreme Court was considering the constitutionality of the procedure. He also avoided a second scheduled execution date in October 2008 when the Texas Court of Criminal Appeals agreed to a stay so his mental competency could be evaluated again.

In preparation for Woods' trial, the defense had hired a psychologist, Pita, who interviewed Woods and administered several tests designed to measure mental retardation, mental illness, and competency to stand trial. Woods scored 70 on the IQ test. On a test called Street Survival Skills Questionnaire (SSSQ), which measures a person's ability to function independently, Woods scored a 95. Pita also gave Woods a test called Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST*MR). On that test, where defendants who score 54% or lower are presumed to be incompetent to stand trial, and 74% or lower are presumed to be mentally retarded, Wood scored 100 percent. Based on his evaluation, Pita concluded that Woods was not mentally retarded and was competent to stand trial.

At Woods' trial, the defense called a different psychologist, Landrum. Landrum did not interview Woods or administer any tests, but he was given a copy of Pita's report. Landrum also reviewed Woods' handwriting samples, jail records, work history, and a statement from Woods' grandmother. Based on these records, Landrum testified that Woods "is, and always has been, always will be, a mentally retarded person."

In a hearing before the Texas Court of Criminal Appeals in October 2009, both sides again presented their arguments and additional tests and expert testimony regarding Woods' intelligence. The appeals court decided, in an 8-1 vote, that the additional evidence presented before them supported the trial court's finding that Woods was not retarded.

In an interview from death row prior to his scheduled execution date in October 2008, Woods said he did not plan to harm the children. "I took the kids out, and we were horsing around," he said. "We went walking around graveyards, horsing around by a fence. Cody jumped on my back and hit a fence post." After that, Woods said, "I guess I panicked." He still blamed Sarah's murder on his cousin.

Woods' execution was delayed for about half an hour while the U.S. Supreme Court considered and rejected a final appeal from his lawyers claiming that he was mentally retarded and that his previous lawyers' work was faulty.

At his execution, when the warden asked Woods if he had a final statement, he lifted his head from the gurney and said, "Bye. I'm ready." The lethal injection was then started. He was pronounced dead at 6:40 p.m.

By David Carson. Posted on 4 December 2009. Edited on 8 December 2009.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, Abilene Reporter-News, Associated Press, Dallas Morning News, court documents, public records.