WASHINGTON, 5 FEB - Ha ottenuto in extremis un
rinvio
dell'esecuzione un malato di mente nel Texas che durante il
processo si era difeso da solo, senza l'aiuto di un avvocato, presentandosi
in tribunale in costume da cowboy.
L'esecuzione
di Scott Panetti, 45 anni, condannato per aver ucciso
i suoceri nel 1992, era in programma per oggi (giovedi').
Il
giudice federale Sam Sparks ha concesso in serata una sospensione
di 60 giorni, rinviando il caso al tribunale statale che
aveva condannato a morte Panetti per un riesame della capacita'
dell'imputato di affrontare il processo, secondo quanto
ha reso noto Steve Hall, rappresentante di 'StandDown Texas',
un gruppo che si batte per una moratoria delle esecuzioni
nella 'capitale' della pena di morte.
Milwaukee Journal Sentinel
TEXAS:
Wisconsin
man on Texas death row gets 60-day reprieve----A judge will consider whether
Poynette native with mental illness history is competent to be execute
A
Wisconsin man with a history of mental illness who was scheduled to be
executed Thursday in Texas was granted a 60-day stay of execution on Wednesday
while a judge considers whether he is competent enough to be put to death.
The
stunning development came a day after lawyers and mental health advocates held
a news conference in Austin, Texas, to decry the scheduled execution of Scott
Panetti, 45, who was convicted in 1995 of murdering his estranged wife's
parents.
His
lawyer argues that Panetti, a Poynette, Wis., native who has been diagnosed
for the past 23 years with schizophrenia, cannot appreciate the reason he is
being executed.
"He
thinks he's being put to death for preaching the Gospel," said Michael
Gross, who was appointed by the court to handle Panetti's appeals six years
ago.
The
matter now goes back to the judge who heard the case in 1995 to decide whether
Panetti is competent to be executed. That ruling is subject to federal appeal.
Panetti
was to be executed by lethal injection at 6 p.m. today.
His
family and supporters are nervous but relieved.
"I'm
trying not to let myself get into a celebration mode," said Panetti's
mother, Yvonne Panetti of Sheldon, Wis. She and her husband, Jack, have been
in Texas for the past several weeks preparing for their son's execution and
trying to get a judge to hear his case.
"We're
afraid they are going to pump him up with medication and execute him,"
said Andrea Keilen, a lawyer for the Texas Defender Service, a non-profit
organization that aids poor people on death row.
Groups
have taken interest
In
the past several weeks, since Panetti's execution date was set, several
special-interest groups, including Amnesty International and the National
Mental Health Association, have been petitioning the Texas Board of Pardons
and Paroles to commute Panetti's sentence to life. The board has denied all
requests.
Panetti's
case was featured in a profile in the Journal Sentinel in November 1999, but
the case had drawn little other attention until this week. On Wednesday, the
Washington Post editorialized against the execution, and The New York Times
carried an article on the case, as did the Philadelphia Inquirer and several
other publications.
Panetti
was convicted in 1995 of killing Jose and Amanda Alvarado in Fredericksburg,
Texas, three years earlier. Panetti, who had been hospitalized for mental
illness more than a dozen times in the 11 years before the killings, was
allowed to represent himself in the murder trial. He did so wearing a purple
cowboy suit and issuing subpoenas to Jesus Christ and John F. Kennedy.
Panetti,
a football all-star at Poynette High School in 1975, was discharged from the
Navy after his schizophrenia began to manifest itself. He was treated several
times in the 1980s at the Tomah Veterans Administration Hospital in Tomah,
Wis.
Law
enforcement officials in Fredericksburg, who prosecuted Panetti, declined to
comment Wednesday. But Gillespie County Sheriff Milton Jung told the
Associated Press that they had served Panetti with an order barring him from
having any contact with his wife or her family.
"He
knew where he was and what he had done," Jung said. "He wanted
people to think he was nuts."
The
stay was granted by a federal judge after Panetti's lawyer filed two
affidavits, one from a forensic psychologist who interviewed Panetti on Monday
and one from a law school professor who said that Panetti could not understand
why he was scheduled to die.
While
the immediate issue is whether Panetti is competent for execution, lawyers now
associated with the case say they are trying to get the federal court to
reconsider whether it was legal to allow Panetti to represent himself at the
trial while he was unmedicated. Three doctors who testified at the trial later
filed affidavits saying Panetti was clearly delusional. 2 of the jurors said
after the trial that they were intimidated by Panetti and voted to recommend
the death penalty because they were frightened of him.
Case
is a 1st for Texas
The
question of whether it is constitutional to execute an incompetent person has
not come up before the Texas courts, said Keilen, of the Texas Defender
Service. But 2 cases in other states have dealt with the matter, with various
outcomes. Last year, the Georgia Board of Pardons and Paroles commuted a man's
death sentence to life in prison after finding him incompetent. In Arkansas, a
man with schizophrenia was put to death in January, despite his lawyers' pleas
that the man could not understand the reason for his execution.
Panetti's
sister, Victoria, a makeup artist in Los Angles, has launched a Web site to
solicit signatures on a petition to spare her brother. In 4 weeks, more than
1,700 people have signed the petition.
Yvonne
Panetti saw her son on Wednesday, an hour or so before word of the stay came
down.
"He
was very calm, all smiles," she said.
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