Skip to main content

Texas | A possible reprieve for the mentally ill on death row

Scott Panetti was deemed incompetent for execution. What does this mean for other prisoners?

A federal judge has declared that Scott Panetti, a longtime resident of Texas’ death row, is incompetent for execution due to the severity of his mental illness. The decision comes more than 15 years after the U.S. Supreme Court determined—also in Panetti’s case—that the Eighth Amendment bars the state from executing someone who doesn’t understand the reason for their execution. 

For three decades, Panetti has been among the most well-known severely mentally ill death row prisoners in the United States. But if he were to be executed, it wouldn’t be a first for Texas—in the past two decades, the state has executed numerous people with severe mental illnesses, including Kelsey Patterson in 2004. And while the governorship has changed hands since then, many of Texas’ decision-makers remain the same. 

This latest ruling decision in Panetti’s case, experts say, might even have some bearing on other mentally ill death row residents’ situations.

Panetti was sentenced to death in 1995 for the 1992 murder of his in-laws, Joe and Amanda Alvarado. Panetti, who had a documented history of paranoia, hallucinations, and reality distortions for decades before the murders, killed the couple after their daughter, his wife, got a restraining order against him and went to live with them.

But his trial was a spectacle. No longer on his antipsychotic medication—convinced God had cured him of his mental illness—he represented himself dressed as a “TV-Western cowboy” in a burgundy costume. He tried to subpoena witnesses including John F. Kennedy, the pope, and Jesus Christ. According to legal documents, he “rambled incessantly and incoherently…he visibly frightened the jurors. His trial was a mockery of the criminal justice system.” 

That was no act. Panetti had been exhibiting symptoms of schizophrenia since the 1970s. In 1986, he was caught in full-blown religious delusion, convinced he was “engaged in spiritual warfare with Satan,” per court documents. He was involuntarily committed more than 10 times in the decade before the murders. In 1988, he had been deemed “incompetent to manage his own affairs” by the Social Security Administration. 

The state swiftly set an execution date for Panetti in 2004, but even then his lawyers argued that his mental illness was too severe for him to comprehend. Panetti allegedly believed that he was being executed by the state as part of the devil’s attempt to “thwart his divine mission” and to cover up what he believed was a pedophile ring his in-laws were participating in.  

The Supreme Court took up Panetti’s case, and they determined in 2007 that the Eighth Amendment dictated that the bar for a person to understand why they’re being executed is high—they have to have a “rational understanding of the connection between his crime and his punishment,” per the decision.

While serving as solicitor general for the State of Texas, Ted Cruz himself argued in front of the Supreme Court that Panetti should be put to death. Cruz said he was faking his illness. 

Despite Panetti’s belief that his execution was actually part of a larger conspiracy, he was deemed competent and a new execution date was set for December 2014. Then, that execution date was also stayed while lawyers again argued his competency.  

A similar argument has now continued for decades.

“Scott Panetti’s mental health has deteriorated significantly since the last time he was evaluated, which was in late 2007,” said Panetti’s longtime attorney, Gregory Wiercioch. “We were able to use records from the Texas Department of Criminal Justice and our own interactions with Mr. Panetti that indicated his mental health had deteriorated since [then].” 

Experts have previously estimated that up to 20 percent of Texas death row prisoners receive ongoing mental health care. Some, like Panetti, have visible symptoms. 

Andre Thomas has been on Texas’ death row since 2004. He was convicted after stabbing his estranged wife to death, along with their 4-year-old son and her 13-month-old daughter. He had committed the crimes during what his lawyers would argue was a dangerous frenzy caused by a schizophrenic and psychotic episode—at the time, he believed he was fighting satanic forces, according to his lawyers. 

Thomas’ mental health issues began in his childhood and continued after his incarceration. After the murders, he gouged out his own right eye with his fingers, allegedly compelled by the Bible. He later removed his left eye. 

Thomas’ team is currently working to prove that he, too, is incompetent to be executed due to the severity of his mental illness. He was previously scheduled to be executed April 5, but a Grayson County court withdrew the date so his team could work on his competency case. 

Thomas’ attorney Maurie Levin said that his acts in prison—including the self-mutilation—”speak volumes about the severity of his mental illness.”

“The District Court’s opinion in Panetti underscores that to be competent to be executed, a prisoner must have a ‘rational understanding of the reason for [his] execution.’ Mr. Thomas, like Mr. Panetti, does not,” Levin told the Texas Observer.

She said Thomas, when asked recently to explain the reason for his execution, did not think it was due to his crime. Rather, he thought it was part of a biblical plot. 

“That’s why they want to kill me,” he said. “If we let him out of that freaking pyramid, their prison, we gotta make him promise he won’t use his power on us. Because if he did it would be all over. We’re talking about Revelations, between Michael and the archangels, the devil.”

Federal law bars the execution of people with intellectual disabilities, but no such sweeping restriction applies to people with mental illness. Only Kentucky and Ohio have state laws to ban the practice. (Twenty-seven states allow the death penalty. Alabama, Arizona, Florida, Georgia, Mississippi, Missouri, Oklahoma, Tennessee, and Texas are the only states that have executed people since 2020.)

For years, one Texas lawmaker has attempted to pass legislation to bar the death penalty for people with certain severe mental illnesses, including schizophrenia or schizoaffective disorder. Dallas Democrat Toni Rose first began pushing for this law in 2017, and the Texas House of Representatives has passed the bill in the past three legislative sessions. The state senate received the latest approved version in March but did not take action. Rose did not respond to requests for comment. 

Since 2006, the American Bar Association has taken a strong position by recommending that people should be spared the death penalty if they were significantly impaired by mental illness at the time of committing murder. 

In Panetti’s case, a decades-long legal back-and-forth appears to have been settled by a ruling from U.S.  District Court Judge Robert Pitman on September 28. Pitman wrote that Panetti “lacks a rational understanding of the connection between his offense and his sentence of death and that his execution would therefore violate the Eighth Amendment’s prohibition on cruel and unusual punishment.”

Elaborating, the judge wrote, “There are several reasons for prohibiting the execution of the insane, including the questionable retributive value of executing an individual so wracked by mental illness that he cannot comprehend the ‘meaning and purpose of the punishment,’ as well as society’s intuition that such an execution ‘simply offends humanity.”

In an interview, Wiercioch, the defense attorney, told the Observer it’s been a 20-year process to get the courts to recognize Panetti’s mental illness as it relates to the Eighth Amendment protection against “cruel and unusual punishments inflicted.” Wiercioch has been involved with Panetti’s case since 2003, when he worked with the Texas Defender Service. He has continued to work on the case ever since, despite a cross-country move and a career change. 

In a statement, Wiercioch, now a professor with the Frank J. Remington Center at the University of Wisconsin Law School, lauded the judge’s ruling. 

“Judge Pitman’s ruling prevents the State of Texas from exacting vengeance on a person who suffers from a pervasive, severe form of schizophrenia that causes him to inaccurately perceive the world around him,” he wrote.

Source: texasobserver.org, Michelle Pitcher, October 12, 2023


_____________________________________________________________________

Home  |  Twitter/X  |  Facebook  |  Telegram  | Contact us






"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.