Arizona death penalty case to be heard by Supreme Court

The Supreme Court on Wednesday will hear the case of an Arizona death row inmate. His lawyers argue that James McKinney's post traumatic stress disorder was not considered when he was first sentenced.

And the high court's ruling could impact the decades-old death sentences of more than a dozen others in the state.

McKinney and his half-brother, Charles Michael Hedlund, were sentenced to death by a Maricopa County Superior Court judge for the murders of Chandler residents Christene Mertens, 41, and Jim McClain, 65, during a 1991 burglary spree.

Mertens was home alone when the two broke in, beat and stabbed her and then shot her in the back of the head. They took $120.

McClain was asleep at his house when they broke in and shot him in the back of the head. They took his watch, three handguns and his car, according to records. 

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Laws and procedures have changed since McKinney was sentenced. Death sentences are now determined by juries, not judges. And the test used to determine which mitigating factors to consider has been ruled unconstitutional. 

McKinney's lawyers are asking the. Supreme Court to send McKinney's case back to the trial court for resentencing, and to allow a jury to determine whether he should get the death penalty. 

What caused his PTSD? 

According to court records, McKinney was physically, emotionally and verbally abused as a child. McKinney, his two sisters and Hedlund shared a feces-covered bedroom with dogs, cats, snakes, a goat and a monkey. 

A psychologist told the court at sentencing that "McKinney's PTSD left him 'susceptible to manipulation [and] exploitation,'" according to court records. 

"'McKinney attended school in 'dirty clothes that reeked of urine from being on the bedroom floor with the animals,' and he was 'harassed' by other children as a result," according to court records.

He began to drink alcohol and smoke marijuana at about age 11. 

According to McKinney's attorneys, the sentencing judge believed his PTSD was not directly connected to his criminal behavior and did not qualify as mitigating evidence. He relied on Arizona's "causal nexus" rule, which required mitigating evidence like PTSD to be directly tied to the crime in order to be considered in sentencing. 

The "causal nexus" rule was applied in Arizona for about 15 years.

How did it get to the high court?

In McKinney's case, the U.S. Court of Appeals for the Ninth Circuit ruled Arizona's "causal nexus" rule violated the Constitution. 

His case was sent back to the Arizona Supreme Court, which decided in 2018 to uphold the death sentence despite his lawyers arguing that McKinney should get a sentencing retrial before a jury. In 2002, the. Supreme Court had ruled that death penalty decisions must be made by juries.

McKinney's attorneys appealed to the Supreme Court.

According to a brief submitted by Utah Deputy Solicitor General Tyler Green, the court's ruling may impact not only Arizona but also death sentences in several other states: Utah, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota and Tennessee. 

The Arizona Voice for Crime Victims, a nonprofit organization that provides legal support to victims, argued that sending McKinney's case back to the trial court would put the interests of victims and society at stake. 

"Violent crime takes an extraordinarily painful toll on victims," the organization stated in a brief to the court. "But the crime itself is merely the beginning of the emotional harm victims and their families suffer."

Hedlund's case was addressed separately by the courts. 

The Ninth Circuit overturned Hedlund's sentence after his attorneys argued that a history of childhood abuse, alcoholism, post-traumatic stress disorder, a low IQ and other factors mitigated against imposition of the death penalty.

He was resentenced and remains on death row. 

Have thoughts about Arizona’s legal system? Reach Arizona Republic criminal justice reporter Lauren Castle at Lauren.Castle@gannett.com. Follow her on Twitter: @Lauren_Castle.