Posted on 12/11/2002 6:34:41 AM PST by MeekOneGOP

Inmate who defended himself at trial set for execution
12/11/2002
HUNTSVILLE, Texas - James Paul Collier insisted on defending himself in his capital murder trial for the 1995 shooting deaths of a woman and her son even though his court-appointed defense attorney, prosecutors and the judge tried to dissuade him.
"He is one of the more difficult individuals I have ever dealt with largely because he is so stubborn," defense attorney John Curry said of Collier, whose execution is set for Wednesday. "He wanted what he wanted and wouldn't listen to anything else."
After Collier was deemed competent to represent himself in the 1996 trial, Curry said he could only sit and watch along with jurors as Collier questioned witnesses, fell victim to legal snafus and made the daughter he had gone to kidnap on the day of the shootings recoil in the witness chair as he approached her.
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"It was horrible," Curry recalled. "He couldn't have done anything more to get himself on death row than he did, short of threatening the judge and the jury."
Jurors in Wichita Falls took 12 minutes to sentence Collier to death for the fatal shootings of Gwendolyn Joy Reed, 51, and her son, Timothy Don Reed, 31. Collier didn't know either of the victims he confessed to killing after police caught up with him in New Mexico.
On March 14, 1995, Collier took a shotgun to the home Timothy Reed shared with Phillip Hoepfner after seeing his 13-year-old biological daughter standing outside.
The girl, who had moved to Oklahoma with Collier's ex-wife, was in Wichita Falls visiting Hoepfner, her stepfather, for spring break, Wichita County District Attorney Barry Macha said.
"He could not understand why she would prefer the stepfather over him," said Curry, who added Collier wanted to have a close relationship with his daughter but hadn't spent much time with her.
Collier, who describes himself as a mentally ill "child in a man's body," said he wanted to be found innocent and decided to defend himself when Curry told him the best he could hope for was a life sentence.
"I didn't know nothing about law, except I watched Perry Mason with the kids," Collier, 56, said recently from death row. "That was my whole schooling as far as courtroom tactics."
Macha said defendants have a constitutional right to defend themselves but it isn't advised.
"What he did was outrageous," the prosecutor said. "What he did was slaughter two innocent people."
Collier says he had a bad reputation prior to the shootings and blames his legal troubles on personality disorders he says he has suffered throughout his life.
"Back when I was young, I got into a lot of trouble because I had all those disorders," he said. "Most of my trouble was caused by other people, not something I did."
In 1987, Macha said Collier's 71-year-old mother, Eula Collier, requested a protective order because she feared her son.
'"My son has been abusing me since he was young,"' Macha read from Eula Collier's affidavit. '"I can't put up with it any longer."'
'"He got right up in my face and told me how much he hated me and that he was going to kill me before the night was over. I live in fear all the time."'
The affidavit wasn't presented during the punishment phase of Collier's trial, Macha said, but a number of convictions were.
They included:
-- A 1971 conviction for robbing a man whom Collier hit in the head with an industrial sized broom and then threatened to rape and kill with a shotgun.
-- A March 1987 assault conviction based on Collier stomping on the face of a 15-year-old fast food employee when Collier didn't find salt in the sack with his hamburger.
-- A January 1995 driving while intoxicated arrest during which authorities said they found a 12-guage sawed-off shotgun in Collier's car.
"The DA made it look like I was some kind of notorious criminal, but most of that stuff wasn't nothing but minor stuff," Collier said.
Macha said psychiatrists and psychologists who evaluated Collier during the 1996 trial found signs of a personality disorder, but Dr. Vincent Escandell, a neuropsychologist, testified Collier's IQ was somewhere in the range of 78 to 91.
An IQ of 70 is generally considered the threshold for retardation. The Supreme Court in June ruled that execution of the mentally retarded is unconstitutional.
Macha said Collier meets none of the requirements for mental retardation.
"James Paul Collier certainly is an example of where the death penalty is appropriate given the horrific facts in this case and his background," he said. "He is a violent person and has no regard for other people and their rights."
Excerpt:
"What he did was outrageous," the prosecutor said. "What he did was slaughter two innocent people."
Collier says he had a bad reputation prior to the shootings and blames his legal troubles on personality disorders he says he has suffered throughout his life.
"Back when I was young, I got into a lot of trouble because I had all those disorders," he said. "Most of my trouble was caused by other people, not something I did."
In 1987, Macha said Collier's 71-year-old mother, Eula Collier, requested a protective order because she feared her son.
'"My son has been abusing me since he was young,"' Macha read from Eula Collier's affidavit. '"I can't put up with it any longer."'
'"He got right up in my face and told me how much he hated me and that he was going to kill me before the night was over. I live in fear all the time."'
The affidavit wasn't presented during the punishment phase of Collier's trial, Macha said, but a number of convictions were.
< snip >
"The DA made it look like I was some kind of notorious criminal, but most of that stuff wasn't nothing but minor stuff," Collier said.

Please let me know if you want ON or OFF my Texas ping list!. . .don't be shy.
No, you don't HAVE to be a Texan to get on this list!
"It was horrible," Curry recalled. "He couldn't have done anything more to get himself on death row than he did, short of threatening the judge and the jury."
So what's horrible? The outcome of the trial was justice.

Shoot.
For a second there, I thought Ed Asner got The Chair.
I wonder why it took them so long?
Now here is a statement deserving of much consideration. Should be submitted as a nomination for "quote of the year".
Yet another Death Row inmate who has suddenly discovered that they are mentally ill after the Supreme Court ruled earlier this year that a mentally retarded person can't be executed. As all thoughtful commentators predicted after the decision, this has become the defense de jour for the guilty seeking to escape the chair.
"Collier, who describes himself as a mentally ill "child in a man's body," said he wanted to be found innocent and decided to defend himself when Curry told him the best he could hope for was a life sentence."Yep. But guess what? He missed the boat.....Yet another Death Row inmate who has suddenly discovered that they are mentally ill after the Supreme Court ruled earlier this year that a mentally retarded person can't be executed. As all thoughtful commentators predicted after the decision, this has become the defense de jour for the guilty seeking to escape the chair.

Macha said psychiatrists and psychologists who evaluated Collier during the 1996 trial found signs of a personality disorder, but Dr. Vincent Escandell, a neuropsychologist, testified Collier's IQ was somewhere in the range of 78 to 91.An IQ of 70 is generally considered the threshold for retardation. The Supreme Court in June ruled that execution of the mentally retarded is unconstitutional.
Awww, I feel so bad. But good news! The State of Texas has an injection that will cure any disorders he may have.
Gene pool will be a little less murky in Texas after he's gone. Put this murderer down like the rabid dog he is !
Stay Safe !
Yeah, uh huh. And pigs are gonna fly outta my a$$.
Some folks just need killin', bro... And this POS Collier is a prime example...

Wichita Falls killer of 2 is executed
He defended himself in 1995 murders of woman, her son
12/12/2002
HUNTSVILLE - A Wichita Falls man who insisted on defending himself during his 1996 capital murder trial for the shooting deaths of a woman and her son was executed Wednesday.
"I only want to say that I appreciate the hospitality that you guys have shown me and the respect," James Paul Collier said to the chaplain and warden. "The last meal was really good," he said about the fried fish, chicken-fried steak, baked potato and ice cream he ate.
"Thank you guys for being there and giving me a little spiritual guidance and support," he said, his words drifting off.
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Mr. Collier's court-appointed attorney, prosecutors and the judge unsuccessfully attempted to dissuade him from representing himself at his trial. "He is one of the more difficult individuals I have ever dealt with largely because he is so stubborn," defense attorney John Curry said.
Authorities believe that Mr. Collier planned to kidnap his 13-year-old daughter when he went to the home of her stepfather, Phillip Hoepfner, with a shotgun March 14, 1995.
The girl, who had moved to Oklahoma with her mother, was in Wichita Falls visiting Mr. Hoepfner for spring break, Wichita County District Attorney Barry Macha said.
"He could not understand why she would prefer the stepfather over him," said Mr. Curry, who added that Mr. Collier wanted to have a close relationship with his daughter but hadn't spent much time with her.
Mr. Collier fired his first shots through the glass storm door on Mr. Hoepfner's home and then entered, killing Timothy Don Reed, 31, who also lived there, and Mr. Reed's mother, Gwendolyn, 51. Mr. Collier confessed to the slayings after police caught him in New Mexico.
During the punishment phase of Mr. Collier's trial, jurors heard about two 1970 narcotics convictions, a 1971 robbery conviction, a 1987 assault conviction and a 1995 driving while intoxicated arrest during which authorities said they found a 12-gauge sawed-off shotgun in Mr. Collier's car.
Mr. Collier, who described himself as a mentally ill "child in a man's body," said he wanted to be found innocent and decided to defend himself when Mr. Curry told him the best he could hope for was a life sentence.
An IQ of 70 is considered the threshold for retardation. Mr. Collier exceeds that threshold, with an IQ somewhere in the range of 78 to 91, said a neuropsychologist who testified at his trial.
Hope he enjoyed that cold ice cream. It was the last cold he'll ever experience.
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