STATEMENT OF QUEENS DISTRICT ATTORNEY RICHARD A. BROWN

This morning I advised Queens Supreme Court Justice Steven W. Fisher and the Capital Defender’s Office, which represents John B. Taylor, one of two men indicted for the murder of five Wendy’s employees and the attempted murder of two others at the Flushing restaurant last May, that I would seek a sentence of death in the event of Mr. Taylor’s conviction following trial on the 50-count indictment under which he has been charged.

At the same time, Taylor’s co-defendant Craig Godineaux plead guilty before Justice Fisher to each count of the indictment upon the understanding that he will receive the maximum sentence allowed by law -- life in prison without possibility of parole.

With regard to defendant John Taylor, I advised the Court that I was satisfied, after a lengthy, intense and thorough process that has included meetings with the families of those who were murdered and with the survivors and their family members, a careful consideration of all of the facts and circumstances surrounding the case and the findings of my eight-member Capital Case Review Committee, that the aggravating factors involved substantially outweigh any mitigating circumstances and that under the law a sentence of death would be justified in the event of his conviction.

As to defendant Craig Godineaux, his plea of guilty has been accepted because under New York law it is clear that he is mentally retarded and cannot, as a result, be executed. Under New York’s 1995 death penalty statute a mentally retarded defendant cannot be sentenced to death. Of the 38 states that have capital punishment, thirteen bar execution of the mentally retarded. New York is one of those states.

Under New York law, a mentally retarded person is defined as a person who has "significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which were manifested before the age of eighteen." Criminal Procedure Law Section 400.27 (12)(e). According to the American Association of Mental Retardation behavioral deficits are defined as "related limitations in two or more of the following adaptive skills areas: communication, self-care, home living, social skills, community use, self direction health and safety, functional academics, leisure and work". It is important to note that under the law, unlike a person who is found not responsible by reason of insanity, a mentally retarded person, may be held criminally responsible for his or her acts. Although a finding of mental retardation is an absolute bar to imposition of the death penalty under New York law, it does not relieve the defendant of criminal responsibility.

The decision that Craig Godineaux is mentally retarded has been reached based upon a careful review of the examinations, findings and diagnoses of two clinical and forensic psychologists -- Daniel A. Martell, Ph.D of Newport Beach, California and Timothy J. Derning, Ph.D, M.S.Ed., of Lafayette, California -- an examination of the defendant’s elementary, high school and other records, including various test scores, and interviews with people who knew him as a child and who know him now. Our inquiry into the defendant’s mental capacity and background has been painstakingly thorough. The conclusion that he is mentally retarded is inescapable under the law.

Despite the horror of the crime, if Craig Godineaux were to be found guilty following a jury trial he could never be executed under New York law. Therefore, it is in the interests of justice and the interests of the people of this County, as well as those of the bereaved families, that Godineaux promptly take responsibility for his evil deeds, admit his guilt and be imprisoned for the rest of his natural life. Additionally, Godineaux has waived his right to appeal. As to him justice is swift and certain -- he will spend the rest of his life in prison without possibility of parole.

While I understand that some might want a more detailed explanation of the basis for the decisions that I have reached -- both in terms of seeking the death penalty against Mr. Taylor and the acceptance of Mr. Godineaux’ plea of guilty -- the interests of a vigorous and fair prosecution in this and other cases precludes further comment. My prime responsibility is to ensure that nothing compromises or prejudices this or any other capital prosecution and any further comment by me at this time would be inconsistent with that responsibility.