January 1, 2009

Judge rules Campbell mentally retarded

By Carol Rosen
Editor

Judge Diane Northway ruled that accused murderer DeShawn Campbell is mentally retarded and will not face the death penalty if convicted of murdering San Jose Police Officer Jeffrey Fontana.

The ruling bans the District Attorney’s Office from seeking the death penalty for Campbell be-cause the U.S. Supreme Court ruled in 2002 that it is unconstitutional to execute mentally retarded criminals.

It’s been seven years since the rookie police officer was slain during a routine traffic stop. Legal battles have raged and North-way’s ruling overturns an earlier one she made stating that Campbell was not retarded. She overruled her earlier decision after finding out a witness had mistaken Campbell for someone else.

However, more time could pile up if the District Attorney’s office and Pro-secutor Lane Liroff decide to appeal Northway’s ruling. Liroff noted that the decision would take into consideration the time element in an appeal, which could stretch to as many as three years.

Northway attributed Dr. Stephan Greenspan’s testimony as the impetus in changing her mind. Green-span, a national expert on retardation testifying for the defense told the court that during one test he administered to Campbell, the man actually scored zero. The test measured a person’s decisions in social situations. In another example, Campbell was asked what a child should do if a stranger told him a relative was hurt and offered him a ride home. Campbell reportedly said the child should get into the car.

Campbell’s attorney, Ed-ward Sousa, said his client has the mental age of an 8- to 12-year old child.

Fontana was killed by a fatal gunshot to the head while patrolling on Oct. 28 in Almaden Valley. The 29-year old Campbell was arrested about a month later and charged with killing Fontana. It has taken seven years to get to this stage, and police and the Fontana family are frustrated from the number of hearings and delays.

Family, friends and police officers gathered last Oct. 28 to remember Fontana with a candlelight vigil and to honor him as they have done in previous years.