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.