John Muhammad Files for Stay of Execution with U.S. Supreme Court

Evidence of "Severe Mental Illness" Not Heard by Jury
WASHINGTON--(Business Wire)--
In a two-track effort to stop the November 10 execution of John Allen Muhammad,
sentenced to death after his conviction for 10 killings 7 years ago, Attorney
Jon Sheldon has filed a petition with the U.S. Supreme Court and a motion for a
stay of execution so that the court can review compelling evidence of Muhammad`s
"severe mental illness"

Sheldon also requested that Governor Tim Kaine use his powers of clemency to
commute Muhammad`s sentence to life without parole because of the severe mental
illness. "The public has been protected from John Muhammad for the past 7
years," said Sheldon, "and a sentence of life in prison without the possibility
of parole would insure that the public would continue to be protected."

"Execution is simply not justified in this case," Sheldon said, "and it is
because of John Muhammad`s severe mental illness." Sheldon also stated that "the
jurors would not have sentenced him to death if they had received clear
instructions and known of his severe mental illness." Life in prison without the
possibility of parole has and will keep the people of Virginia safe.

Sheldon said that a psychiatrist has diagnosed Muhammad as "psychotic,
delusional and paranoid and that he suffers from schizophrenia."

"This diagnosis" said Sheldon, "is confirmed by objective evidence." Sheldon
said that neuropsychological brain imaging applications have demonstrated that
John Muhammad has neuropsychological deficits that are consistent with
schizophrenia, and point to "brain dysfunction."

Sheldon also said that MRI brain scans of John Muhammad show that "he has three
congenital malformations in his brain, two of which are found with greater
frequency in people with schizophrenia, and one of which is a shrunken cortex,
confirming the brain damage."

Psychiatrist Richard Dudley reviewed all the mental health information and
concluded that John Muhammad certainly has a "severe mental illness" of the type
that the National Alliance on Mental Illness and Murder Victims` Families for
Human Rights have described when they advocate against the execution of the
severely mentally ill. Dr. Dudley noted that John Muhammad`s mental illness
certainly played a role both in his crimes, and his behavior at trial.

"Elizabeth Young, a juror in the Muhammad case, has described how the evidence
of John Muhammad's severe mental illness was never heard by her jury, and that
this evidence with clear jury instructions would have led her to vote for a
verdict of life in prison without the possibility of parole," Sheldon said.

For more information about the certiorari petition and the clemency request,
please visit http://devineconnell.com/ and click on "Announcements."

Devine, Connell, Sheldon & Flood, PLC
Jon Sheldon, 703 691-8410
jsheldon@devineconnell.com

Copyright Business Wire 2009