ABA president asks Texas governor for stay to consider inmate's competence for execution
Photo of William C. Hubbard by Marc Hauser
ABA President William C. Hubbard is asking the governor of Texas to stay the execution of a death row inmate to allow for a court evaluation of the prisoner’s mental health.
“The American Bar Association is greatly concerned that Texas is poised to execute Scott Panetti, a man who has suffered from severe and incurable mental illness for over 30 years, before he is given a meaningful evaluation of his current competency for execution,” the letter (PDF) says.
The ABA has a strong interest in ensuring a fair and accurate justice system, though it has not taken a position on the death penalty per se, Hubbard writes. His letter asks Gov. Rick Perry for a stay to allow courts to determine whether Panetti has a mental disorder that “impairs his ability to have a rational understanding of the reasons for his punishment.”
Panetti was sentenced to death for killing his ex-wife’s parents after a 1995 trial in which Panetti wore a purple cowboy suit and tried to subpoena Jesus Christ and the Pope. Medical records indicate Panetti believes Satan has orchestrated his execution to prevent him from preaching the Gospel to the condemned.
The U.S. Supreme Court ruled on behalf of Panetti in a 2007 decision that found a federal appeals court used an “improperly restrictive test” when it considered his competency for execution. The ABA had submitted an amicus brief in the Supreme Court case contending that execution is unconstitutional if an inmate can’t understand the true reason a capital sentence is being carried out.
On remand, the courts upheld Panetti’s execution. The U.S. Supreme Court denied cert in Panetti’s case Oct. 6, and the execution was set for Dec. 3.
“The state of Texas now seeks to proceed with the execution of Mr. Panetti, even though it has been more than seven years since the last hearing to evaluate his competency,” Hubbard’s letter says. “Mr. Panetti has not received mental health treatment during this seven-year period, and older assessments may not accurately reflect his current mental state and competency to be executed.”
A statement by Hubbard is here.
Panetti’s lawyers are seeking a commutation of their client’s sentence to life in prison. Their clemency petition is here.
