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)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.