Historic Texas Case Ends with Life Sentence

From the Death Penalty Information Center and AP:
On February 15, a mentally retarded man in Texas accepted a life sentence for a murder that occurred over 28 years ago. Johnny Paul Penry was originally sentenced to death for the sexual assault and murder of Pamela Mosley Carpenter. Penry's death sentence was overturned twice by the U.S. Supreme Court. Prior to the plea agreement, the prosecution was insisting on a fourth capital sentencing hearing for Penry.

In 1989, the U.S. Supreme Court ruled that although the execution of the mentally retarded was not constitutionally banned, the law in Texas did not give mentally retarded defendants sufficient protection to ensure that their disability was considered as a mitigating factor (Penry v. Lynaugh). Penry was again sentenced to death and again the sentence was overturned by the U.S. Supreme Court in 2001 (Penry v. Johnson). In 2002, the U.S. Supreme Court in Atkins v. Virginia held that the execution of defendants with mental retardation was unconstitutional. Nevertheless, Texas continued to seek a death sentence for Penry, whose IQ has been measured between 50 and 63, well into the mental retardation range. In 2005, the Texas Court of Criminal Appeals overturned Penry's latest death sentence.

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The Death Penalty in 2007

According to the 2007 annual report of the Death Penalty Information Center, 2007 had 42 executions - the lowest number in 13 years. This decrease is due in part to the de facto moratorium imposed while the Supreme Court considers a challenge to lethal injection procedures.

62% of executions in 2007 were in Texas, while 86% were in South states.

There were approximately 110 death sentences - the lowest number in 30 years.

2007 saw three exonerations, in Oklahoma, Tennessee and North Carolina, while eleven inmates had their sentences commuted.

Both New Jersey and New York ended their death penalties, with the New Jersey legislature passing an abolition bill just before Christmas.

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National Update: Georgia, Texas, Alabama, Nevada and Virginia stay executions

The past week has once again included numerous stayed and postponed executions across the nation. Georgia and Texas each stayed two, while Alabama, Nevada and Virginia each halted one execution--for a variety of reasons, the most frequent being the pending challenge to lethal injection.

Expand this post below to see a listing of the dates of each stay, with links to news articles relating the full stories.

10/24 - The scheduled execution of Daniel Siebert in Alabama was stayed by the Eleventh Circuit Court of Appeals: Execution of Ill Alabama Inmate Blocked (source: The Associated Press)

10/23 - Georgia stays two executions in four days: Top Court in Georgia Again Delays Execution (source: The New York Times)

10/18 - Two executions in Texas postponed: Two Executions Halted Over Challenges (source: The Associated Press)

10/18 - Virginia halts execution, raising more questions about national state of the death penalty: Supreme Court Halts Va. Inmate's Execution (source: The Washington Post)

10/17 - Nevada becomes the fifth state to stay an execution since Sept. 25: Court Stays Execution in Nevada (source: The New York Times)

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Bush clashes with Texas on the execution of a Mexican National

According to the Associated Press, President George W. Bush has tried to halt the execution of a Mexican national on death row in Texas, Jose Ernesto Medellin (pictured to the left), whose case is to be heard by the Supreme Court on Wednesday.

Read more in The Guardian which reports, "It puts Mr Bush in the unusual position of arguing against the death penalty and against the very same Texans who helped put him in the White House. Even more unusually, it puts Mr Bush on the same side of the dispute as the International Court of Justice in The Hague."

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Lethal Injection: Recent developments

A number of developments have occurred in the last week, following the Sept. 26 decision of the Supreme Court to hear a challenge to lethal injection sometime this winter. Below, starting with the most recent, is a review of the big decisions and stays-of-execution:

Oct. 4: Oklahoma’s attorney general asked the state’s Court of Criminal Appeals not to set any execution dates until the United States Supreme Court ruled on a challenge to the lethal injection method.

Oct. 2: The Texas Court of Appeals stayed the execution of Heliberto Chi, pending the decision by the US Supreme Court on lethal injection. Some legal experts in Texas view the decision by Texas' highest appeals court and the issues it raised as an indefinite halting of all executions in the state, though Texas officials claim they plan to proceed. See the New York Times for more.

Sept. 28: The US Supreme Court granted a rare stay of execution to a Texas inmate, Carlton Turner, Jr., who had appealed to the Court due to the pending lethal injection hearing. According to the New York Times, "The decision suggests that until it issues a ruling on lethal injection, the court may be receptive to requests to delay such executions, at least for defendants whose cases raise no procedural issues."

Sept. 28: Another rare stay of an execution by Alabama Gov. Bob Riley, who said the state would not execute inmate Tommy Arthur, while it came up with a new formula for lethal injection. State officials said they wanted to make sure prisoners were completely unconscious before they were killed--an issue that has been problematic in recent months and has temporarily halted executions in several states, including Florida.

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Supreme Court blocks execution of Texas Inmate Scott Panetti

On June 28, the Supreme Court issued a decision overturning the death sentence of Texas death row inmate Scott Panetti. The justices ruled that Panetti, who has insisted during various stages of his capital trial and imprisonment that he is being punished for preaching the Gospel, had not been shown to have sufficient understanding of what he was being put to death for.

Since the 1986 Supreme Court case of Ford v. Wainright, the execution of the mentally insane has been constitutionally barred. But the standard for determining competency has not been laid out beyond the assertion that the Eighth Amendment ban on cruel and unusual punishment requires that a defendant who is to be executed must be able to recognize the relationship between his crime and his sentence.

Panetti killed his wife’s parents in 1992. Now 49 years old, he remains on death row in Texas. A schizophrenic who served as his own lawyer in court, often amounting to an incoherent and outrageous defense, Panetti claims that his body has been taken over by an alter-ego and that demons are bent on killing him for his Christian beliefs.

Medical records demonstrate that during the decade preceding his crime, Panetti had been hospitalized 14 times for schizophrenia, manic depression, hallucinations and delusions. He nailed shut the curtains of his house, buried his furniture and threatened his family—claiming to have seen visions of the devil. In 1995, after winning approval from a Texas trial judge to represent himself in court, Panetti repeatedly tried to subpoena Jesus and donned an array of costume-like attire (including purple western shirts and cowboy hats) in the courtroom. It was the jury of this trial that convicted Panetti in 90 minutes and sentenced him to death.

Panetti’s long and turbulent history in the capital process, a 15-year proceeding, has fueled criticisms of the courts and trial system in Texas, where it is now clear that at least one insane man has represented himself. The ruling overturning his death sentence is, as executive director of Amnesty International Larry Cox commented last week, “a much-needed step toward a more humane America.”

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U.S. Supreme Court overturns 3 Texas death sentences

From the NY Times:

"WASHINGTON, April 25 — The Supreme Court on Wednesday overturned death sentences in three cases from Texas, all by votes of 5 to 4 and all with Justice Anthony M. Kennedy providing the margin of victory to his four more liberal colleagues.

...The three decisions on Wednesday provided the latest chapter in the Supreme Court’s dialogue with the two lower courts, the Texas Court of Criminal Appeals and the United States Court of Appeals for the Fifth Circuit, which handle appeals from the Texas death row, the country’s most active. As an exasperated Supreme Court majority has seen it, these courts have found repeated and unpersuasive reasons to evade the Supreme Court’s evolving death penalty jurisprudence.

It was that jurisprudence that was the underlying focus of the dispute among the justices. A 1996 federal law, the Antiterrorism and Effective Death Penalty Act, raised the bar against federal court review of state prisoners’ petitions for writs of habeas corpus.

...In the years since the 1996 law took effect, the court has been extremely reluctant to find error on the part of state courts of the type that would permit inmates to gain access to federal court. It remains to be seen whether the rulings on Wednesday will extend beyond the court’s sustained annoyance with the Fifth Circuit to signify a more expansive view toward habeas corpus, a prospect that perhaps explains the vigor of the chief justice’s dissent."

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Dallas Morning News calls for abolition

MICHAEL HOGUE/DMN

Common sense and outspoken criticism of the death penalty are starting to permeate even the staunchest bastion of capital punishment: Texas. With its 391 executions since 1976, Texas has plowed forward with executions even when there is significant doubt or good reason for pause.

But it seems that even such a state bent on anachronistic retribution is not immune to reason and reality. Today, the Dallas Morning News called for the abolition of the death penalty in an editorial. This is the largest state paper to have taken such a step and hopefully is but a symptom of the larger, inevitable change that is sweeping the country.

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