According to reports Aaron Hart has an IQ of 47 which would indicate a diagnosis of moderate mental retardation/Intellectual disability. Having worked with adults who had developmental disabilities for 20 years I know very well someone with his level of disability, particularly someone who hadn’t had sufficient education and training, could not be held legally responsible for a criminal act–particularly a felony. Sadly Aaron Hart not only has been convicted of one but has been sentenced to 100 years.
When an 18-year-old with profound mental disabilities performed sexual acts on a 6-year-old neighbor, the small town of Paris, Texas, was unforgiving.
But Aaron Hart’s punishment - 100 years in prison for a single incident - has stunned veteran disability rights advocates, who believed counseling, probation or even placement in a group home would have sufficed for a first-time offender with the mental maturity of a second-grader.
“Aaron is 18, never committed a felony, had no violent record. He couldn’t understand the seriousness of what he did,” said his father, Robert Hart. “I never dreamed they would think about sending him to prison. When they said 100 years - it was terror, pure terror to me.”
The sentence raises serious questions about how people with profound disabilities are prosecuted in Texas, at a time when both state lawmakers and the U.S. Supreme Court are considering the appropriate punishment for people who are young, mentally disabled or both. Repeat child molesters and rapists routinely receive lesser sentences than Hart’s.
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Pearson blames Hart’s trial attorney, who had the burden of explaining Hart’s disability to the judge and jury. That attorney, appointed by the court because Hart’s family couldn’t afford counsel, did not ask for special accommodations, such as a liaison who could help the defendant understand what was happening in court. Nor did he try to call witnesses who could testify to Hart’s mental condition, Pearson said.
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Faced with a five-count guilty plea signed in wobbly block letters, a jury sentenced Hart to three 30-year prison terms and two five-year terms - one for each class of offense. Lamar County Judge Eric Clifford, who made the decision to stack the sentences into one 100-year prison term, said neither he nor the jury loved the idea of prison for Hart, but they felt they had no other option.
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Guilty plea signed by the defendant? The defendant can’t read or write, and he has the mental capacity of a second-grader. What the heck is wrong with that judge that he considers that signature valid?
Jurors tell a different story. They say that during their deliberations, they repeatedly sent notes to the judge asking if there were alternatives to prison, which they said the judge didn’t answer clearly. They said they were sure Hart would serve a concurrent sentence and were flabbergasted when Clifford stacked the sentences.
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Pearson, the appellate attorney, and disability rights groups say the trial was riddled with errors from start to finish.
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Pearson said the court-appointed doctor who evaluated Hart did the bare minimum to determine competency; he didn’t talk to any of Hart’s teachers, and ran tests geared toward mental illness, not mental retardation.
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Pearson said Massar was ruled an ineffective counsel in a 2007 case the 6th Court of Appeals in Texarkana overturned. That court is expected to hear Hart’s appeal later this year.
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Hart’s father, Robert, said that while his son may look like a man, mentally, he’s as young as his victim. He said the one silver lining in this case is that his son doesn’t understand how dire his situation is.
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This case is a travesty of justice and I hope his appeal goes well. Hart doesn’t belong in prison. Possibly he would benefit from a structured, supervised living arrangement and instruction in, among other things, human sexuality. Had he had such instruction previously it may have prevented this entire mess but at the very least further incidents can be prevented without resorting to barbaric tactics like 100-year prison sentences for someone who can’t possibly grasp why he’s there or learn anything from it.