Fatal Accident

A Livingston man has been killed on the job in a workplace accident. It happened at the Alabama Point Subdivision in Polk County. Seventy-nine year old Luther Bernard "Jack" Moseley was operating a piece of heavy equipment Wednesday when he got caught in the machinery.

Moseley was the father of Pamela Moseley-Carpenter. She was killed by Johnny Paul Penry back in 1979. That case sparked a nationwide debate about whether mentally retarded people should be executed.

Penry was convicted three times for raping and stabbing to death the 22-year-old in her Livingston home almost three decades ago. His IQ has been tested at below 70, which is the level for mental retardation. Attorney John Wright of Huntsville has represented Penry at trial and on appeal since 1980. He has said Penry has the mind of a seven year old.

Jack Moseley told KTRE in a 2002 interview that his family has no doubt that Penry does indeed know right from wrong. "As far as being retarded, he knew exactly what he was doing when he killed our daughter," Moseley said.

That same year in another interview, Moseley told the East Texas News that his family was ready to see the appeals decided and the case come to an end before time runs out. "We can always hope but we never know. We're not going to live long enough to see it, that's my concern. Stack 23 years onto your life, your age now... where you gonna be?" Moseley said.

Penry's death sentence has been overturned three times. The most recent decision came in October of last year when the state's highest criminal appeals court ruled jurors in Penry's most recent re-trial may not have properly considered his claims of mental impairment.