Scott Panetti, Mentaly Ill on Texas Death Row: The Case the Supreme Court Will Review on April 18, 2007

Dressed in costume like one of the actors in an old Western Movie, with a big brimmed cowboy hat hanging on his shoulders by the strap, plaid shirt, bandana, fancy cowboy boots, and spurs, Scott Panetti proceeded to defend himself, playing out the role of lawyer. The prevailing judge, Ables allowed his court to be turned into a three ring circus as jurors watched, stunned at what they were seeing and hearing, some fearing the man they watched before them.

No, this isn't the makings of a Hollywood movie, this is a Texas courtroom in 1995, with defendant Scott Panetti on trial for the shot gun murders of his parents-inlaws, attempting to play the role of attorney, in his own Capital murder trial. The trial resulted in a death sentence.

Acting as "Sarge", Scott, suffering from hallucinations, dressed in military fatigues, and a shaved head, shot his parents in law, Amanda and Joe Alvarado at close range, allowing his wife and daughter to leave the house. "Demons had been laughing at him as he left the house" he said.

Although one hearing to determine weather Scott was competent to stand trial was declared a mistrial, and although his attorney and two psychiatrists, one acting on behalf of the state of Texas agreed with the diagnose that Scott suffered from Schizophrenia, and that his delusional thinking could interfere with his communications with legal counsel, Scott was ruled competent to stand trial. Scott waived his right to an attorney and proceeded to act as his own lawyer. He tried to subpoena such people as JFK, Jesus Christ, actors, actresses and other celebrities that were dead.

Lawyers and doctors both made statements that the trial was a "joke." One doctor stating "I thought to myself My God, How in the world can our legal system allow an insane man to defend himself? How can this be just?

Scott has a long documented history of mental illness including schizophrenia, manic depression, auditory hallucinations and paranoia, and should never have been allowed to defend himself. Jurors reported that Scott would never have received the death sentence had he been represented properly, and others reported that his insane, irrational behavior is why they chose the death sentence, because they feared Scott. Scott was his own worse enemy at his own trial.

In June of 2002 the US Supreme Court ruled and outlawed the execution of mentally retarded inmates. Scott Panetti remains on death row at the Polunsky unit in Texas. He has been there for twelve long years. The Supreme Court has ruled in January 2007, to hear Scott's case.

According to SCOTUS Blog, Among the newly granted cases is a Texas death row case, testing whether it is unconstitutional to execute an individual who is factually aware of the reason he faces execution, but because of mental illness has a delusion about the state's actual reason for putting him to death. It is Panetti v. Quarterman (06-6407). Doctors who examined Scott Louis Panetti found him to have a mental disorder, although they concluded that he knew he was to be executed after killing his wife's parents. But the doctors concluded that Panetti had a personal belief that he was going to be put to death by the state because he was "preaching the gospel" and that the "forces of evil" were set against him. His lawyers claim that he is too mentally unstable to be executed without violating the Eighth Amendment ban on cruel and unusual punishment. The appeal is supported by the National Alliance for the Mentally Ill. It and Panetti's petition argue that the lower court decision in his case runs against the Supreme Court's 1986 decision in Ford v. Wainwright barring the execution of the mentally ill.

http://www.scotusblog.com/movabletype/archives/2007/01/court_to_hear_s_2.html#more

Scott's sister Vikki Panetti, also know as "Shemonster" has rallied against the death sentence on behalf of her brother and other inmates facing execution.

http://www.rapnrockthedeathclock.com/id40.html

Here is my brief interview with Vikki, concerning her brother Scott's case.

1. Vikki, your brother has been on death row for 12 long years. I understand he has many supporters. Could you name a few?

You! Amnesty International, Stand Down, ACLU, Texas Defenders Service, many college students and high school students, National Coalition to End Death Penalty, I feel bad I cant remember all of them. But thank you so much everyone!

2. You were at his trial in 1995, why do you think the judge allowed the trial to proceed?

Shame on Judge Ables. He really thought he could get away with it. I'm happy that he was exposed for what he is. I couldn't read the judges mind in 95. Its apparent that Scott's best interest was not important to him. He just seemed to want to get the trial over with quickly. By letting Scott be his own lawyer, he knew it would be over fast and not in Scott's favor. I also think he wanted to cover up the poor job the Gillespie County Police Department did with the crime scene investigation and interrogation of Scott and Sonja. He seemed amused at times by Scott. I would also like to say shame on Gov. Perry for his past
executions of innocent people.

3. Do you feel the verdict would have been different if he had legal representation, and did not proceed to defend himself?

Yes, A good lawyer would have proved Scott had a lengthy history of severe mental illness and Navy Records. Also, a lawyer would have exposed what lead up to the murders.

4. How is Scott's physical health?

I think Scott doesn't complain to us because he doesn't want to be abused more than he already is in there. I also think he doesn't want my family to worry. .

5. The Polunsky Unit where Scott is housed is sometimes called "The Texas Death Camp", and has been reported to have deplorable conditions. Has Scott complained to you about this?

Abuse is definitely going on and someday more of the truth will come out about Polunsky and Ellis units. It will be something the United States will be ashamed of, just like slavery and segregation.

6. The Supreme Court is going to review Scott's case, when is this going to take place?

The Supreme Court is April 18, 2007 and we are hopeful. I am trying to get the money together to go now to Washington DC. We are just happy that the case will help other inmates and their families. I hope someday that this Supreme Court case will help his youngest daughter, Amanda, most of all. I want her to know Scott loves her. We all love her very much. We hope to stop the death penalty completely. We can all do our own personal best.

7. What is Scott and your family hoping the outcome will be, and what does it mean for Scott? Do you feel the courts decision will benefit other mentally ill inmates throughout the nation?

I know that Scott's case has educated people. It has changed some peoples minds to be against the death penalty. Its a landmark case that has made history. If we loose Scott, he lived the last years of his life with pride and honesty. He is a devout Christian. He is a very brave man despite being very sick and insane. I hope we can get him into a good hospital to help him. This will show the world the U.S government has some compassion and justice. That is takes care of its veterans.

8. Is there anything the public can do to help Scott?

The public should do what feels right to them. The smallest thing helps. Signing a petition or telling someone about Scott's case. It all helps. Of course money sent to the Texas Defenders Service helps greatly. Or just be part of Amnesty International.
Donate time and money to good causes.

Sources:

http://www.internationaljusticeproject.org/illnessSPanetti.cfm

http://www.rapnrockthedeathclock.com/index.html