Sept. 30
TEXAS:
Death row inmate ruled competent to be executed
Death row inmate Scott Panetti, who wore a purple cowboy costume during
his 1995 capital murder trial and tried to subpoena Jesus Christ and John
F. Kennedy, is mentally competent to be executed, a federal judge ruled
today.
Panetti was spared from execution in February so the courts could explore
his claim of mental illness.
U.S. District Judge Sam Sparks, who ordered the execution delay, ruled
that Panetti meets the standard set by the U.S. 5th Circuit Court of
Appeals of knowing that he committed 2 murders, that he is to be executed
and why.
Sparks, however, left intact the stay of execution as his ruling will
likely be appealed to the court in New Orleans and possibly the Supreme
Court.
"He knows perfectly well this is going up," said Keith Hampton, one of
Panetti's lawyers. He said the current standards for competency set by the
appeals court are almost impossible to meet and should be reviewed.
A native of Hayward, Wis., Panetti, 46, was sentenced to die by lethal
injection for the 1992 slayings of Amanda and Joe Alvarado, his estranged
wife's parents in Fredericksburg.
He was arrested after holding his estranged wife and their 3-year-old
daughter hostage during a lengthy standoff with police following the
shootings. Sonja Alvarado testified that after shooting her parents at
close range with a rifle, Panetti turned the weapon on her and pulled the
trigger, but it jammed.
In the decade leading up to the slayings, Panetti was hospitalized for
mental illness 14 times. He wore cowboy attire during his trial, mimicking
The Ringo Kid, the John Wayne character in the classic Western movie
"Stagecoach."
He fired his lawyer and insisted on defending himself during the 2-week
trial, although a judge named a lawyer to provide legal explanations.
During jury selection, he flipped a coin to decide whether a potential
juror should be seated on the panel. His initial witness list sought to
subpoena Jesus and Kennedy.
Sparks conducted a 2-day hearing on Panetti's mental state in September,
hearing testimony from expert witnesses on both sides.
Sparks said all the experts seemed to agree Panetti suffers from some form
of mental illness but disagreed on the diagnosis and whether it interfered
with his ability to understand why he was to be executed.
While his lawyers say Panetti believes he is on death row for "preaching
the Gospel," a psychiatrist and psychologist appointed by the state have
described him as uncooperative and interested only in "filibustering about
the Bible and the Lord."
Hampton said western civilization for centuries has exempted the insane
and mentally ill from extreme punishment.
"Panetti lives minute by minute surrounded by demons and devils tormenting
him," Hampton said. "Isn't that punishment enough?"
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On the Net: U.S. District Court: http://www.txwd.uscourts.gov/
Save Scott Panetti: http://www.rapnrockthedeathclock.com/index.html
Death row, Texas Department of Criminal Justice
http://www.tdcj.state.tx.us/stat/deathrow.htm
ALABAMA:
State may seek death penalty
An Albertville man accused of shooting 2 Fort Payne residents to death in
a Painter cemetery in August now faces capital offenses.
DeKalb County District Attorney Mike ODell, on Monday, upgraded charges
against Joshua Heith Bearden to capital murder, leaving the way free for
prosecutors to seek the death penalty or life without parole if Bearden is
convicted.
ODell said he could not discuss the details of the case.
Bearden is now charged with two counts of capital murder and 2 counts of
robbery. Bearden allegedly robbed, then shot and killed Fred Hale, 63, and
Hales daughter, Carmella Hale, 22, both of Fort Payne. The alleged murders
took place Aug. 20 in the cemetery of Liberty Baptist Church, in the
Painter community.
Bearden is scheduled to appear today in DeKalb County District Court for a
bond hearing. DeKalb County District Judge Steve Whitmire previously
denied Bearden bond on lesser charges of murder and robbery, but Beardens
attorney Steve Bussman filed a motion to reduce bond. Whitmire will hear
the appeal today at 11 a.m.
In the earlier instance, DeKalb County Assistant District Attorney Ben
Baxley requested the court deny Bearden bond and said the decision might
later be made to deny upgrade charges to capital offenses.
Whitmire initially ruled to deny bond, citing as reasons Baxleys request,
the nature of the alleged crime and Beardens past criminal record.
Whitmire noted Beardens juvenile and adult criminal records. Court records
show Bearden was arrested in March for probation violation and 3rd-degree
theft of property. Other previous arrests include March 2003 charges of
receiving stolen property and 1st-degree theft of property and a July 2002
charge of 1st-degree theft of property.
The Hales bodies were discovered on the afternoon of Aug. 20, inside a
Ford Explorer parked at Liberty Baptist Church. DeKalb County Sheriff
Cecil Reed said Fred Hales wife, Carolyn, first discovered the bodies.
Reed said Fred and Carmella Hale told Carolyn Hale they were going to meet
with Bearden at Liberty Church. Fred Hale, who owned the Fyffe Family
Restaurant, left that location around 11 a.m. that day, along with his
daughter - she driving her Explorer and he riding as a passenger.
Reed said after the pair didnt return and after several hours, Carolyn
Hale became worried and tried to contact the 2 by cell phone. When neither
answered, Mrs. Hale drove to Liberty Church to try to find them. She
noticed the car parked in the cemetery and when she approached, she found
the drivers side window of the vehicle apparently shot out and her husband
and daughter shot to death inside. Reed said Mrs. Hale fled the scene and
called 911.
Reed said it is unclear exactly why the Hales had arranged to meet with
Bearden on Aug. 20, but said they were apparently meeting for "some sort
of transaction involving a large sum of money." He said no drugs were
found at the crime scene.
Reed said it is believed the Hales took between $4,000-6,000 to the
cemetery with them. Bearden allegedly shot the Hales, took the money, then
fled the scene and went to Albertville. Reed said, at this time, robbery
is the only suspected motive in the slayings.
(source: The Times-Journal)
