Tony Mackall

On December 18, 1987, Tony Mackall was sentenced to death for the 1986 murder of Mary Dahn. Mackall was a poor man with low intelligence(the exact level of his intelligence is disputed with one psychiatrist stating that it is 64, and thus labeling him mentally retarded, and another placing him somewhat higher on the intelligence scale, putting him in the dull-normal range). For the first few months after his arrest Mackall maintained that he had no memory of the day the murder took place. He could not afford a psychiatrist so the state-appointed doctor examined him. Due to his memory loss, the doctor could only fill out a partial report. In October 1987, Mackall regained his memory and the doctor examined him again. He did not find any grounds for a defense of insanity and despite Mackall's request to be examined by another psychiatrist, the court ordered the trial to begin. During voir dire, the judge did not permit the defense counsel to question prospective jurors about whether any of their family members were cashiers(Mrs. Dahn was killed while at her job as a cashier). The Appellate Court conceded that that question was relevant, however, denied Mackall's appeal on that issue because they felt that other questions had alluded to that fact. Also during voir dire, any potential juror who expressed an opposition to the death penalty was dismissed automatically. However, Temple Barron, a prospective juror who gave "an affirmative answer to a confusing question as to the appropriateness of the death penalty" was permitted to remain on the jury. Another questionable juror, Sally Seesc, was permitted to serve despite the rape of her mother only nine months earlier.

Mackall also appealed because he felt that the testimony of Mrs. Dahn's six-year-old daughter, April, a key witness for the prosecution, was planted. He argued "that six-year-old April's testimony was a recollection not of the events surrounding her mother's murder but rather of a recent conversation she had with the Commonwealth's Attorney, Mackall maintain[ed] that the Commonwealth failed to establish her ability to remember the events in question." Mackall also asserted "that April gave no `clear indication that she understood the difference between telling the truth and telling a lie.'" Despite his objections both the trial court and the appellate court permitted the testimony to stand.

During the sentencing portion of the trial, the psychologist was not permitted to describe the hallucinations that Mackall had before she interviewed him. The admittance of the testimony of the psychologist regarding the hallucinations could have had a mitigating effect on the sentence yet the trial court did not allow it. The Appellate Court did not support the defense's argument and affirmed the sentence.

Tony Mackall was executed on February 10, 1998.