The U.S. Supreme Court rejected a bid to halt the execution of Victor Saldaño, convicted for a murder in Texas in 1996. Despite support from experts, including state officials, acknowledging his intellectual disability, Saldaño was denied reprieve.
Saldaño was involved in a robbery gone wrong, leading to a murder conviction. At his trial, initial defense lawyers did not argue intellectual disability. He was undocumented during the crime.
The Texas Office of Capital Forensic Writs intervened, assessing Saldaño’s IQ at 74, a number that might exempt him from the death penalty. Ben Wolff, head of the Forensic Writs office, visited Argentina where Saldaño grew up. Interviews with people familiar with Saldaño revealed his delusions and difficulty understanding basic directions, such as crossing streets safely.
“Every expert who has evaluated Mr. Saldaño for intellectual disability agrees he’s intellectually disabled,” said Wolff.
Texas prosecutors accepted that Saldaño qualified intellectually disabled, opposing the death penalty. However, the Texas Court of Criminal Appeals did not concur. The case reached the Supreme Court, which declined to hear it, leaving Saldaño facing execution. His legal team vowed to persist in their efforts.
The Court’s decision concluded with a 6-to-3 vote, with three liberal justices dissenting. Wolff expressed disappointment, emphasizing the expert agreement and Texas’s current stance, arguing the evidence should be considered under constitutional grounds preventing executions for intellectually disabled individuals.

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