Skip to main content

Texas: Longtime expert witness unreliable, court says

Jury box
Dr. Richard Coons has testified in more than 150 death penalty cases on whether those found guilty would pose a significant future threat.

In his decades working as a forensic psychiatrist, Dr. Richard Coons of Austin has testified at dozens of death penalty trials across Texas in which he opined about how defendants would behave in the future.

In Travis County, prosecutors called him in the past year to testify during the sentencing trials of killers Milton Gobert and Paul Devoe. Coons pronounced that, in his expert opinion, both men would be a future danger. They both received the death penalty.

Coons' paid testimony at those trials and others could get new scrutiny after the Court of Criminal Appeals ruled last week in a Waco death penalty case that Coons' methodology for predicting future dangerousness is not reliable.

The court upheld Billy Wayne Coble's death sentence in the killings of his wife's mother, father and brother, ruling that other evidence presented at sentencing supported the McLennan County jury's findings.

The ruling, however, was a significant victory for capital defense lawyers statewide who for years have fought to persuade courts to prohibit the testimony of Coons and other forensic psychiatrists. The lawyers say such testimony offers nothing more than opinions.

"If you are going to be an expert, you should have some scientific basis of what you are testifying about," said Russ Hunt Jr., a Georgetown lawyer who represented Coble at trial. Coons "basically just says, 'Trust me. I'm a doctor. I know it when I see it,' " Hunt said.

In an interview Monday, Coons, 70, defended his work and said he recently stopped taking death penalty cases. During his more than 30-year career, he has sided with the defense many times in death penalty evaluations, Coons said.

He said he has consulted with lawyers in about 150 capital cases and testified at trial in about 50. Coons has rebutted the testimony of other psychiatrists, including the one who testified for Coble at trial, who used an actuarial method that factors in prison crime statistics in deciding whether the defendant will be dangerous in the future.

"A huge amount of (prison crime) goes unreported," Coons said Monday .

For someone to be sentenced to death in Texas, juries must find that there is a probability they pose a continuing threat to society by committing continuous acts of violence and that there are no mitigating factors to warrant a sentence of life in prison.

The U.S. Supreme Court ruled in 1983 in Barefoot v. Estelle that psychiatrists are competent to give opinions on the first question: the so-called future dangerousness of the defendant.

The testimony often comes after a psychiatrist interviews the defendant and evaluates pertinent documentation from the case, including their medical and criminal history. But even when the defendant is not interviewed, psychiatrists are sometimes allowed to give an opinion on a hypothetical scenario, usually one that matches the facts of the case at issue.

At Coble's trial, Coons testified that he has developed his own methodology to come to a conclusion on future dangerousness, one in which he considers factors such as the person's conscience, criminal history and attitudes toward violence.

"These factors sound like common sense ones that the jury would consider on its own," Judge Cathy Cochran wrote in the opinion for the court. Cochran noted that Coons could not show how his past predictions have fared or whether the factors he has considered are validated by any research.

In a dissenting opinion, Judge Sharon Keller said expert witnesses with some specialized knowledge should be allowed to testify about it to aid the jury in reaching a conclusion. Coons' experience and educational background "place him in a better position than the average juror."

Coble was convicted of capital murder in 1990. He had a new sentencing trial in 2008, and his lawyers argued that his stellar behavior on death row in the intervening years shows he is not dangerous.

Coons testified at the new sentencing trial that he had not reviewed his original notes of Coble's sentence. But Coons said he came to the same conclusion that he had in 1990 -- that Coble is dangerous.

Alexander Calhoun, another one of Coble's trial lawyers, said before cross-examining Coons at the 2008 trial, he reviewed many transcripts of Coons' testimony in prior cases.

Although the trial judge in that case allowed Coons' testimony, Calhoun said he thinks the record of his questioning impressed the appeal's judges. "It's overdue that the court found that he was unreliable," Calhoun said.

Philip Wischkaemper , a deputy public defender at a West Texas regional public defender's office for capital cases, said that prosecutors might hesitate to use testimony similar to Coons' in the future.

He also said that some cases on death row in which Coons testified might be newly scrutinized. Wischkaemper said it's unclear now whether any of those efforts would be successful and could depend on whether lawyers at trial objected to Coons' testimony at the time.

There are 6 people on death row out of Travis County. Prosecutors could not immediately recall all of the cases in which Coons testified.

Gobert was convicted earlier this year in the 2003 killing of Mel Kernena Cotton, his ex-girlfriend's friend.

Devoe was convicted a year ago in the killing of two teenagers in Jonestown. Officials said those deaths were part of a six-person killing spree in 2007.

Before he told the jury Devoe would pose a future danger, Coons testified, "I didn't see an ounce of remorse from this fellow when I evaluated him."

In that case, as well as Gobert's, the jury heard exhaustive testimony of both defendants' history of physically abusing women. Prosecutor Bryan Case said that testimony would have been enough to sustain a death sentence, even without Coons' testimony.

Source: Austin American-Statesman, October 19, 2010

Comments

Most viewed (Last 7 days)

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Florida to execute William Thompson after nearly 48 years on death row

On Sept. 11, Gov. Ron DeSantis issued a death warrant for William Thompson, convicted of the 1976 kidnapping, rape, and murder of 23-year-old Sally Ivester. Thompson, now 74, and another man were staying in a Miami Beach hotel room with Ivester and another woman, according to court records. After Ivester was unable to get money from her mother, the men beat and tortured her, prosecutors said. She died from internal bleeding and multiple injuries. Thompson was convicted in 1978 of kidnapping, rape, and first-degree murder.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Afghanistan | Signs that horrific brutality is set to return

Kneeling next to a ditch, deep in the rugged mountains of Afghanistan, a 22-year-old woman draws her last breath in a 'desert court' before she is shot in the back with an AK-47. Her executioner? Likely her hardline militant husband, in what the Taliban consider an 'honour killing'.  It took less than an hour to decide Najiba had been adulterous – although it has been suggested this accusation was fabricated to protect her husband's reputation. Adultery is a crime that deserves capital punishment under the Taliban's strict interpretation of Sharia law. Fourteen years on from her death, little is known about her story, like many women slowly being erased from the fabric of Afghan society. 

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Alabama | Lethal injection for double murderer set for Thursday after court blocked nitrogen hypoxia execution in June

Alabama plans to execute Jeffery Lee on Thursday via lethal injection after a down-to-the-wire decision by the federal courts halted his death by nitrogen hypoxia in June. In response, Gov. Kay Ivey set the 30-hour window for the execution to be carried out by lethal injection beginning at 12 a.m. on Thursday, September 17, and expiring at 6 a.m. on Friday, September 18. Barring any further court action, the execution will take place at Holman Correctional Facility in Atmore.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.