Scott Panetti is scheduled for execution in Texas on December 3, 2014. His attorneys found out when they read it in the newspaper. Although the execution date has been set two weeks earlier, the state provided his attorneys with no notice. This shortcoming was only the latest in a long series of disturbing events surrounding Panetti’s trial, conviction, and death sentence.
Panetti has suffered from schizophrenia and other mental illness for over thirty years. He first exhibited signs of a psychotic disorder as a teenager. Beginning in 1978, he was hospitalized for mental illness on fifteen separate occasions. He developed a delusion that he was engaged in spiritual warfare with Satan. He tried to exorcize his home by burying furniture in the backyard because, he claimed, the devil was in it. He was involuntarily committed after swinging a sword at his wife and daughter and threatening to kill them.
In 1992, Panetti went off his medication, shaved his head, and dressed in camouflage fatigues. He went to his in-laws house and murdered his mother and father-in-law in front of his wife and daughter.
The subsequent trial and sentencing bordered on the unbelievable. Panetti was allowed to represent himself during both the guilt and penalty phases of the proceedings. He wore a cowboy costume and a purple bandana to court. He attempted to subpoena John F. Kennedy, the Pope, and Jesus Christ, among 200 others. His statements were rambling and incoherent. He fell asleep during trial. While describing the shooting, he assumed the personality of a character he called “Sarge” and narrated the events in the third person. He pointed an imaginary rifle at jurors, visibly frightening them. His stand-by attorney called the trial a “judicial farce.”
Unsurprisingly, a jury convicted Panetti of murder. After calling only one witness—his stand-by counsel—at the penalty phase of his trial, the jury sentenced Panetti to death after only one day of deliberation.
As with many individuals on death row, a long series of appeals followed, focusing on Panetti’s mental illness. In October, the U.S. Supreme Court denied Panetti’s petition for review, and Texas courts have thus far declined to grant a stay of execution to allow time for an assessment of his competency for execution. Panetti has not received a competency evaluation in nearly seven years.
No one could dispute that Panetti’s actions were atrocious beyond words. The death of two innocent people is an unspeakable tragedy. But the execution of a man grievously afflicted by mental illness for three decades would in no way compensate for the murder of his in-laws.
The U.S. Supreme Court, in a 1986 case called Ford v. Wainwright, prohibited the execution of people who are so out of touch with reality that they do not know right from wrong and cannot understand their punishment or the purpose of it. Panetti’s attorneys argue that this holding applies to him. His severe mental illness causes him to believe that Satan, working through the state of Texas, is seeking to execute him for preaching the Gospel—and, therefore, he cannot possess a rational understanding of the link between his crime and his punishment. To most people, Panetti’s lengthy history of mental illness and his bizarre behavior strongly suggest that Ford should prevent his execution. Yet in practice, Ford’s guarantee is often compromised when courts refuse to order mental health evaluations in a timely fashion, as Panetti’s seven years without a competency evaluation illustrate all too clearly.
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