BATON ROUGE, LA (WAFB) - A Baton Rouge cop killer is headed back to death row. A federal appeals court reversed an earlier judge's decision that said Kevan Brumfield is mentally retarded.
The appeals court now believes Brumfield is mentally stable enough to be eventually executed. Brumfield killed Baton Rouge Police Officer Betty Smothers 21 years ago. Smothers, the mother of NFL star Warrick Dunn, was gunned down at a bank while she was on extra duty.
"My pain was seeing the family's pain during all that time; trying to not make promises, but telling them [to] have faith in me. Have faith in my office. Have faith in the justice system. And I had great faith myself in the justice system and felt that such an injustice would not be left unturned," said prosecutor Prem Burns.
In the ruling, the appeals court noted that no one actually testified that Brumfield was mentally retarded; only that he had Attention Deficit Disorder.
Brumfield's final appeal to the U.S. Supreme Court will be his last effort.