Juror: Jury didn't know of sniper's mental illness

WASHINGTON - With sniper John Allen Muhammad's scheduled execution six days away, one of jurors who sentenced him to death says she wouldn't have made that decision if she knew about the elder sniper's history of mental illness and abuse.

In an undated audio interview posted on the Web page of Muhammad's lawyers, juror Elizabeth Young says she's "absolutely convinced the death penalty is not the right punishment in this case." (Listen to the audio on the left.)

In Tuesday's appeal to the U.S. Supreme Court, Muhammad's lawyer Jonathan Sheldon of Devine, Connell, Sheldon & Flood argues jurors were never allowed to hear Muhammad has brain damage, brain dysfunction and neurological deficits, as well as psychotic and delusional behavior.

In Muhammad's 2003 trial in Virginia Beach jurors were not allowed to present doctors as witnesses to testify about his brain deficiencies, because Muhammad refused to be interviewed by prosecution doctors.

"I just cannot believe there was all this evidence of mental illness and childhood abuse and schizophrenia. All of that was known, and we the jury was not presented with that evidence," said Young.

Young's interview was submitted to the Supreme Court, as well as to Virginia Gov. Tim Kaine, who is still considering the request for clemency.

Other evidence submitted includes MRI brain scans, which defense witnesses say confirm Muhammad has three congenital malformations of the brain, two of which are found with greater frequency in people with schizophrenia.

Young, who had asked the judge whether she could research the death penalty before rendering her sentence, has since spoken out against the death penalty.

It's unclear when the Supreme Court or Kaine will act on Muhammad's appeals. He's scheduled to be executed by lethal injection the evening of Nov. 10, at the Greensville Correctional Center in Jarratt, Va.

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