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Texas Puts Mentally Ill Killer to Death
AP ^ | MICHAEL GRACZYK

Posted on 05/18/2004 6:29:44 PM PDT by new cruelty

HUNTSVILLE, Texas (AP) - A mentally ill killer was executed Tuesday evening after Gov. Rick Perry rejected a parole board's highly unusual recommendation to commute his death sentence or delay the execution.

Kelsey Patterson, 50, also lost an appeal to the Supreme Court in the hour before he was put to death.

A diagnosed paranoid schizophrenic, Patterson was condemned for a double slaying almost 12 years ago. His lethal injection renewed the legal quandary of whether it is proper to execute someone who is mentally ill when the Supreme Court says it is unconstitutional to execute someone who is mentally retarded.

Strapped to the death chamber gurney, Patterson mumbled, "No kin, no kin, no kin. I'm not guilty of a charge of capital murder. Give me my rights. I'm acquitted of capital murder."

As the warden leaned over him and asked if he had a final statement, Patterson responded, "Statement to what? Statement to what? I'm not guilty of the charge of capital murder."

He continued to ramble, saying "give me my life back" as the lethal drugs took effect. He was pronounced dead at 6:20 p.m.

At least three mentally ill prisoners have been executed in Texas since the Supreme Court ruled two years ago that severely mentally retarded inmates should not be executed.

In a 5-1 vote, the Texas Board of Pardons and Paroles endorsed a petition from Patterson's lawyers and supporters that he be spared. Texas resumed carrying out executions in 1982, and Monday's board action marked the first time at this late stage in a condemned inmate's case the panel recommended the governor commute a death sentence.

"State and federal courts have reviewed this case no fewer than 10 times, examining his claims of mental illness and competency, as well as various other legal issues," Perry said in a statement less than an hour before Patterson's execution time. "In each instance the courts have determined there is no legal bar to his execution."

Patterson's lawyer, J. Gary Hart, said he was outraged by his client's death.

"I don't even know what to think about this," he told The Associated Press. "I didn't see what the downside would be for (the governor) to follow the recommendation of the parole board."

Patterson was condemned for the 1992 shootings of Dorthy Harris, 41, a secretary at an oil company office in Palestine, and her boss, Louis Oates, 63.

Evidence showed Patterson left his home in Palestine, about 100 miles southeast of Dallas, shot Oates in the head with a .38-caliber pistol and then shot Harris when she began screaming.

Then he went home, took off his clothes and was arrested walking on the street.

Harris' daughter, Michele Smith, sobbed after watching the execution.

"I want to especially thank the governor for giving me a chance to start again and have an end to such a horrible time in my life," she said.

"I started the day off very pessimistic, but it ended as I prayed it would."

In 1980 in Dallas and in 1983 in Palestine, Patterson was ruled mentally incompetent to stand trial on charges related to nonfatal shootings.

Throughout his trial, outbursts earned Patterson repeated expulsions from the courtroom. He frequently talked about "remote control devices" and "implants" that controlled him.

While on death row, he wrote nearly incomprehensible letters to courts about having amnesty and a permanent stay of execution.

In March, Perry for the first time since taking office in 2000 commuted the death sentence of a prisoner. That inmate is mentally retarded, and was not within hours of a scheduled execution.

In 1998, four days before former self-confessed serial killer Henry Lee Lucas was to die, then-Gov. George W. Bush commuted Lucas' sentence after questions were raised about his conviction. It was the only death sentence commuted by Bush in his six years in office when 152 executions were carried out.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; US: Texas
KEYWORDS: execution
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To: new cruelty
In 1998, four days before former self-confessed serial killer Henry Lee Lucas was to die, then-Gov. George W. Bush commuted Lucas' sentence after questions were raised about his conviction. It was the only death sentence commuted by Bush in his six years in office when 152 executions were carried out.

I especially like this line. Somehow it is always Bush's fault to the media...LOL.

21 posted on 05/18/2004 7:42:48 PM PDT by I got the rope
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To: new cruelty

The Texas Board of Pardons and Paroles has
six members? Since when?
The Texas Gov. can commute death sentences?
Since when?


22 posted on 05/18/2004 7:47:47 PM PDT by greasepaint
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To: new cruelty

Unless the victems of mentally ill or retarded murderers are somehow less dead than victems of sane and mentally healthy murderers, I see no reason why they should be given a pass.


23 posted on 05/18/2004 7:50:10 PM PDT by F.J. Mitchell (If we are not alive on 2 Nov 04, our vote will go to the Democrats-stay healthy!!!!!!)
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To: new cruelty
In 1998, four days before former self-confessed serial killer Henry Lee Lucas was to die, then-Gov. George W. Bush commuted Lucas' sentence after questions were raised about his conviction. It was the only death sentence commuted by Bush in his six years in office when 152 executions were carried out.

This paragraph tells you all that you need to know about the AP's agenda. The Governor of Texas can "commute" a death sentence for 30 days, one time. Permanent disposition is then up to the Board of Pardons and Paroles. I believe that once they make a decision, the Governor can agree or disagree.

24 posted on 05/18/2004 7:57:33 PM PDT by jackbill
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To: greasepaint

I thought the governor could only issue a 30-day stay. He doesn't have the authority to commute sentences.


25 posted on 05/18/2004 7:58:05 PM PDT by Tall_Texan (The War on Terror is mere collateral damage to the Democrats' War on Bush.)
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To: greasepaint

How many members does it have, in your opinion?

How does a death sentence get commuted in Texas?

26 posted on 05/18/2004 7:59:22 PM PDT by deport (To a dog all roads lead home.......)
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To: new cruelty

Good riddance.


27 posted on 05/18/2004 8:01:01 PM PDT by Hermann the Cherusker
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To: Tall_Texan

http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html


28 posted on 05/18/2004 8:01:02 PM PDT by deport (To a dog all roads lead home.......)
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To: jackbill

The original AP headline must have read:

"Bush Appointee Puts To Death Retarded Black Man" but the editor probably changed it.


29 posted on 05/18/2004 8:01:21 PM PDT by Tall_Texan (The War on Terror is mere collateral damage to the Democrats' War on Bush.)
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To: new cruelty

This is the first proven cure for mental case/murder I've read about. They ought to keep testing.


30 posted on 05/18/2004 8:02:21 PM PDT by zygoat
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To: new cruelty
At least three mentally ill prisoners have been executed in Texas since the Supreme Court ruled two years ago that severely mentally retarded inmates should not be executed.

I've gained 20 pounds since I went blonde. Do y'all think there's a connection?
31 posted on 05/18/2004 8:02:22 PM PDT by Xenalyte (I may not agree with your bumper sticker, but I shall defend to the death your right to stick it)
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To: Tall_Texan; deport

Some information - that the AP apparently doesn't want to read or recognize - is available at:

http://www.txexecutions.org/ppboard.asp


32 posted on 05/18/2004 8:03:02 PM PDT by jackbill
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To: familyofman

You make me laugh, boy, I tell you what.


33 posted on 05/18/2004 8:04:11 PM PDT by Xenalyte (I may not agree with your bumper sticker, but I shall defend to the death your right to stick it)
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To: Tall_Texan
There's a difference between being incapable of distinguishing right from wrong and having some emotional problems.

Paranoid schizophrenia is a lot worse than merely an "emotional problem." But paranoid schizophrenics may well be able to tell the difference between right and wrong.

I've also seen cases where people where "diagnosed" paranoid schizophrenic because the idiot shrink just can't believe a sane person could be so mean.

34 posted on 05/18/2004 8:04:37 PM PDT by irv
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To: deport
"Commuting a sentence is changing or reducing the penalty assessed by the court. Under the rules of the Board of Pardons and Paroles, sentence commutations must be supported by a majority of the applicant's trial officials. Even with trial official support, a commutation will only be granted if recommended to the Governor by the Board and if the Governor concurs with the recommendation."
35 posted on 05/18/2004 8:05:28 PM PDT by Tall_Texan (The War on Terror is mere collateral damage to the Democrats' War on Bush.)
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To: jackbill
"Note that the governor can only grant clemency upon a favorable recommendation from the Board of Pardons and Paroles. Without such a recommendation, the governor cannot do anything except grant a one-time, 30-day stay of execution."

I guess this is where I got the 30-day stay from. The difference here is that the board *did* recommend changing the sentence and Perry refused.

36 posted on 05/18/2004 8:12:24 PM PDT by Tall_Texan (The War on Terror is mere collateral damage to the Democrats' War on Bush.)
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To: Tall_Texan
I thought the governor could only issue a 30-day stay. He doesn't have the authority to commute sentences.

You are correct. We covered this in spades when the left tried to paint then Governor Bush as a death penalty happy sadist. The Texas Board of Pardons and Paroles is the final authority on these cases. This article looks like a reporter still wants to make President Bush look bad, facts be dammed.

37 posted on 05/18/2004 8:13:12 PM PDT by Hillarys Gate Cult (Proud member of the right wing extremist Neanderthals.)
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To: Hillarys Gate Cult

Read the two links. Apparently, he *can* do more than issue stays *if* the Parole Board recommends it. In this case, from what the story says, the Board recommended a change of sentencing but Perry refused to abide by it.

I guess Perry has no plans to run for President. ;-P


38 posted on 05/18/2004 8:15:53 PM PDT by Tall_Texan (The War on Terror is mere collateral damage to the Democrats' War on Bush.)
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To: Hillarys Gate Cult

Keep reading....... http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html


39 posted on 05/18/2004 8:16:24 PM PDT by deport (To a dog all roads lead home.......)
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To: Tall_Texan
The difference here is that the board *did* recommend changing the sentence and Perry refused.

Which is, as the Governor, his right to do. And I would support him in his action.

I weigh the actions that the perp did, versus what benefit to society he would serve if allowed to live. I find the balance leans heavily, very heavily to the former. Just my opinion.

40 posted on 05/18/2004 8:24:29 PM PDT by jackbill
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