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| Execution delayed for condemned killer claiming mental illness |
| By Knight Ridder Newspapers |
| Published: 02/05/2004 |
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A federal judge has halted the scheduled execution of Fredericksburg, Texas, killer Scott Panetti, saying Wednesday that the state courts should re-evaluate claims by the condemned man's lawyers that he is not mentally competent to understand his fate. The order by U.S. District Judge Sam Sparks of Austin delays Panetti's execution for at least 60 days. Texas Attorney General Greg Abbott, whose office represents the state when death penalty cases reach the federal courts, said he will not appeal Sparks' order. Panetti's execution was scheduled for Thursday evening in Huntsville. He was condemned for killing his in-laws with a rifle in 1992. He took his wife and child as hostages before releasing them after a seven-hour standoff with police. Panetti's attorneys and mental health advocates have been working to halt the execution on the grounds that Panetti was long ago determined to be schizophrenic and was allowed to act as his own lawyer even though he told the court that he planned to call Jesus Christ, John F. Kennedy and his alter ego, Sarge, as defense witnesses. The lead homicide investigator in the killings called Panetti a clever actor. But San Antonio lawyer Michael Gross, Panetti's appellate lawyer, said his client has a long and documented history of mental illness, including several stays in psychiatric institutions. In his stay order, Sparks wrote that Gross had presented clinical evidence to support his contention that Panetti suffers from mental illness. Gross relied on the findings of psychologist Mark Cunningham and the observations of law professor David Dow, an anti-death penalty activist. In his ruling, Sparks wrote that according to Cunningham and Dow, Panetti is "delusional and misunderstands whether and why he will be executed." Texas law requires that condemned inmates comprehend the reasons for their execution before the death sentence can be carried out. |
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