People v. Bell
172 Misc. 2d 25, 656 N.Y.S. 2d 162 (1997)
Bell was convicted of a number of crimes, including first degree
murder. Following an evidentiary hearing about his background, the trial
judge wrote this opinion describing the mitigating factors. The actual
sentence imposed is not disclosed in the opinion.
The opinion notes that the information that had been adduced at
the sentencing hearing was "significantly more and in greater detail than
would ordinarily be available to the sentencing judge." 656 N.Y.S. 2d at
164-65.
A psychologist gave Bell some 14 separate tests to measure his
abilities and to determine if he had any neuropsychological impairments.
The psychologist concluded that Bell had organic brain damage, probably as
a result of FAS, "given his mother's history of alcohol use." The
psychologist concluded that that damage, combined with Bell's low
intelligence, meant that Bell as "not able to relate appropriately within
the norms of society." 656 N.Y.S. 2d at 165.