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Governor asked to stop execution of mentally ill man
Austin-American Statesman ^ | 2/4/04 | David Pasztor

Posted on 02/04/2004 11:45:48 PM PST by ECTO_1

Governor asked to stop execution

No dispute over inmate's mental illness, but attorney general's office says the inmate is competent

By David Pasztor
AMERICAN-STATESMAN STAFF

Wednesday, February 4, 2004

While on trial for his life in 1995, Scott Panetti decided to defend himself. He dressed for court like a make-believe cowboy, with jeans stuffed into his boots and a cowboy hat dangling from a string around his neck. He tried to call John F. Kennedy, Jesus Christ and Anne Bancroft as witnesses for his defense.

"If you sacrifice one sheep, two destroy the wolf; that does not make that sheep guilty," he told the jury in closing arguments, one of the many nonsensical statements he made in court.

There is virtually no dispute that Panetti was mentally ill then, and is now. Before going to death row, he had been hospitalized 14 times for schizophrenia, manic depression, hallucinations and paranoia.

He is scheduled to be executed Thursday evening. Defense lawyers and mental health advocates on Tuesday called on Gov. Rick Perry to grant Panetti a reprieve, hoping to buy more time for the 45-year-old convicted double murderer while they attempt to show that he is legally incompetent to be executed.

"No decision has been made," said Perry spokesman Robert Black. "We're certainly not going to make a decision prematurely. This is something the governor gives a lot of weight and consideration to."

The request to Perry, and a last-ditch appeal now pending before U.S. District Judge Sam Sparks, are the only avenues Panetti has left to avoid what critics call a farce and a mockery of justice -- that prosecutors and judges allowed a mentally ill man to represent himself while facing the possibility of a death sentence. Kerr County District Attorney Bruce Curry, who prosecuted Panetti, could not be reached for comment. State District Judge Stephen Ables, who presided over the trial, declined to comment.

But state and federal appeals courts have found nothing wrong with Panetti's trial, the U.S. Supreme Court declined to hear his appeal, and the state attorney general's office has told Sparks that Panetti is competent enough to be executed.

With no way left of overturning his sentence, Panetti's defenders now believe the best they can do is delay it. "It is an absolute outrage that the criminal justice system has completely broken down in this case," said Andrea Keilen, a lawyer with the Texas Defender Service, which handles capital appeals. "This individual was truly incompetent to stand trial."

Panetti was convicted of killing his in-laws in 1992, shooting Joe and Amanda Alvarado with a sawed-off shotgun at their Fredericksburg home. Panetti was looking for his estranged wife and their 3-year-old daughter. Both were at the home and witnessed the killings. Panetti took them to his cabin and held them hostage before putting on a suit and turning himself in.

The first jury that was asked to decide whether Panetti was competent to stand trial couldn't agree, but a second jury found him competent. Then Panetti decided to represent himself. Kerrville lawyer Scott Monroe was appointed as Panetti's standby counsel but was ordered to do nothing unless Panetti asked for help.

"I basically sat and watched Scott give himself the death penalty," Monroe said. "It was very obvious from his mannerisms and the way he conducted himself that he was mentally ill. . . . Everybody that walked into that courtroom could see it."

Panetti's guilt was not in question, but his sanity was, Monroe said, and a real lawyer could probably have saved him from a death sentence.

Since his conviction, several mental health professionals who treated Panetti have signed affidavits saying he should never have been allowed to handle his own defense.

His ex-wife has signed a statement saying she knows "that Scott is mentally ill and should not be put to death." The National Mental Health Association and Amnesty International have asked that he be spared. In 1986, the U.S. Supreme Court ruled that mentally ill inmates can be executed if they understand that their death is imminent and comprehend why they are being punished.

Panetti seems to realize that he is about to be executed but doesn't grasp why, said Michael Gross, his current lawyer. Gross said there is no money for another evaluation to determine his current mental state. Gross hopes his word will be enough to persuade Perry or Sparks to delay the execution and allow a complete exam.


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events; US: Texas
KEYWORDS: andreakeilen; deathpenalty; michaelgross; scottmonroe; stephenables; txjudiciary

1 posted on 02/04/2004 11:45:51 PM PST by ECTO_1
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To: ECTO_1
Do you have a link for this?
Thanks.
2 posted on 02/04/2004 11:52:05 PM PST by Admin Moderator
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To: ECTO_1
This may be an unpopular stance, but to me his mental capacity is a non-issue. If the guy is so brainsick that he couldn't resist "shooting Joe and Amanda Alvarado with a sawed-off shotgun at their Fredericksburg home." then he's just as worthy of the needle than the next guy. Once it's established that he committed the murders, the question as to why he committed the murders is irrelevant. His mental illness doesn't make his victims any less dead.
3 posted on 02/04/2004 11:58:07 PM PST by Jaysun (The reason I talk to myself is that I'm the only one whose answers I accept.)
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To: ECTO_1
Whats the alternative? Being doped and tranqued out of his mind for the rest of his life? Locked in a padded cell with a padded low-flow (so he doesn't drown himself) toilet, eating pureed food off a padded tray because they don't trust him with spoons, forks, or knives.
4 posted on 02/05/2004 12:09:49 AM PST by PropheticZero
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To: Admin Moderator
The link is:

http://www.statesman.com/metrostate/content/auto/epaper/editions/wednesday/metro_state_04027a6b426e70ea0031.html

5 posted on 02/05/2004 12:13:27 AM PST by ECTO_1 (We came, we saw, we kicked it's...)
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To: PropheticZero
I could perhaps have a second thought about an insane murderer being executed except for the fact that the minute he is given a stay of execution, the liberals won't stop there -- they will say he has been miraculously "rehabilitated" and will demand he be put back on the streets.
6 posted on 02/05/2004 12:27:39 AM PST by Wilhelm Tell (Lurking since 1997!)
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To: PropheticZero
...eating pureed food off a padded tray because they don't trust him with spoons, forks, or knives.

That's it! Don't execute him -- sentence him for life taking one commercial flight after another (although this might be deemed cruel and unusual punishment).

7 posted on 02/05/2004 12:31:18 AM PST by Wilhelm Tell (Lurking since 1997!)
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To: ECTO_1
Panetti was convicted of killing his in-laws in 1992, shooting Joe and Amanda Alvarado with a sawed-off shotgun at their Fredericksburg home. Panetti was looking for his estranged wife and their 3-year-old daughter.

This action might or might not prove he's nuts. It might be the action(s) of a cold blooded killer or a paranoid; though the fact that he was deliberately looking for his ex-wife and child at this ex-in-laws' tends, IMHO, to tip the scale somewhat towards the former.

...Panetti took them to his cabin and held them hostage before putting on a suit and turning himself in.

If I were the judge (or on the jury) these actions would be the deciding factor:

- By kidnapping his child and ex-wife, and going (fleeing?) to his cabin he was conscience of the fact that he had done wrong/evil/bad and sought to get away.

- The fact that he out on a suit means that he felt he needed to look "respectable" hence not the kind of man who would do this act. This a sign that he knew good(guys) vs. bad(guys), social expectation re: dress and the social preconceived notions about it, etc.

- "...and turned himself".

The fact that he turned himself in meant that he knew the police were there for a reason -- they were after him -- and the reason the police were there was because he -- not his wife or child -- had done something bad/wrong/evil.

In a nutshell: The legal definition of insanity is when the doer of the deed does not know the difference between right and wrong -- ever and/or at the time of the action.

The fact that this man did the above things,i.e. fled, changed his clothes, surrendered to the authorities mean that -- even if for only that short span of time -- he did know right from wrong and therefore is guilty of the the crime of which he had been charged.

If it is proven that he is nuts at this point in time, he should be reprimanded to a lunatic asylum for the rest of his life.

If it is shown that he was sane than (his action and/or that he was on the proper Rx at the time) and at this point in time, then he should face the full consequences of his actions.

8 posted on 02/05/2004 12:38:58 AM PST by yankeedame ("Oh, I can take it but I'd much rather dish it out.")
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To: ECTO_1
Liberals believe if you don't know what murder means, its inhumane to put you to death.
9 posted on 02/05/2004 12:39:54 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ECTO_1
Well, if they're so convinced his mind isn't fully functional, they should send him to Saint Petersburg, Florida for medical treatment. There's a wonderful hospice there that's happy to provide starvation and dehydration to it's brain damaged patients. That should make everyone happy.
10 posted on 02/05/2004 1:13:10 AM PST by BykrBayb (Temporary tagline. Applied to State of New Jersey for permanent tagline (12/24/03).)
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To: Wilhelm Tell
I could perhaps have a second thought about an insane murderer being executed except for the fact that the minute he is given a stay of execution, the liberals won't stop there -- they will say he has been miraculously "rehabilitated" and will demand he be put back on the streets.

You're absolutely right. With all of the kooky nonsense that shrinks harp on, it amazes me that their opinion is so valued as to put an ax murder back into business.
11 posted on 02/05/2004 1:32:50 AM PST by Jaysun
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To: ECTO_1
Do the words, Thou shalt not suffer a Murderer to live ring a bell? Right now one murderer is given a life sentance and another gets the death sentance. What is the difference - an arbitrary decsion by politicans or a judge. If the penalty was not arbitrary, we would have far less murders and murderers in society.

Remember the Dukakis furlows and the murder/rape in MD that he allowed? The murderer you sentance to life is paroled with the next liberal judge.

I agree with DNA testing, but wish we had that for all criminals. The ACLU will not stand for that. Wonder why.

12 posted on 02/05/2004 5:27:41 AM PST by sr4402
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To: Jaysun
A good summation. There is no logic whatsoever as to the application of the death penalty in relation to the culprit's mental state when a murder is committed. In fact, it could be argued that this kind of individual would be more of a risk to society if he ever got out (escape or parole) than those who are not mentally unbalanced; at least some of them can be reasoned with.
13 posted on 02/05/2004 7:23:03 AM PST by OldPossum
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