SAVE SCOTT PANETTI
LETTERS TO THE BOARD
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SAVE SCOTT PANETTI
LETTERS TO THE BOARD
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Below is a sampling of some of the letters that have been written by family, friends and advocates of Scott's cause. |
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FROM THE EUROPEAN UNION
Chairwoman Rissie Owens 2234 Massachusetts Avenue, NW
Texas Board of Pardons and Paroles Washington, DC 20008 P.O. Box 1340 Austin, Texas 78711-3401 January 15, 2004 Dear Chairwoman Owens, The European Union has learned that Mr. Scott Panetti is to be executed in the State of Texas on 5 February, 2004. On behalf of the European Union, Ireland, as current Presidency, together with The Netherlands, the subsequent Presidency, and the European Commission would like to make an urgent humanitarian appeal to spare the life of Mr. Scott Panetti. The European Union opposes the death penalty in all cases and accordingly aims at its universal abolition, seeking a global moratorium on the death penalty as a first step. The European Union considers that in countries which have not yet abolished the death penalty, this penalty should not be imposed on persons suffering from a mental disorder. Mr. Panetti has a long history of severe mental illness from before the crime. He has been diagnosed with paranoid schizophrenia, characterized by hallucinations and delusions, and manic depression. Panetti was hospitalised, both voluntarily and involuntarily, for mental illness fourteen times in six different hospitals before his arrest for capital murder in 1992. The EU strongly believes that the execution of persons suffering from a mental disorder is contrary to widely accepted human rights norms and is in contradiction to the minimum standards of human rights set forth in several international human rights instruments. Among them are United Nations Economic and Social Council (ECOSOC) Resolution 1989/64 of 24 May, 1989, on the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, as well as Resolution 2003/67, adopted at the last session of the United Nations Commission on Human Rights. This resolution specifically urges all States still maintaining the death penalty, "not to impose the death penalty on a person suffering from any form of mental disorder or to execute any such person." We therefore respectfully urge you, as we have also urged the Governor of Texas, to take these factors into account and to exercise all the powers vested in your office to grant Mr. Panetti relief from the death penalty. Sincerely, Noel Fahey Ambassador of Ireland Wilhelmus J.P. Geerts Deputy Head of Mission The Netherlands Günter Burghardt Ambassador, Head of Delegation, European Commission Letter to Texas Governor. Embassy of Ireland 2234 Massachusetts Avenue, NW Washington, DC 20008 (202) 462-3939 Fax (202) 232-5993 Website: http://www.irelandemb.org/ FROM EDWINA EMPEREUR
January 19, 2004
The Texas Board of Pardons and Paroles PO Box 13401 Capitol Station Austin, TX 78205 Dear Board Members: We are writing to urge you to grant clemency to our nephew, Scott Louis Panetti (999164), a paranoid schizophrenic who was sentenced to death for the September 7, 1992 murder of Joe and Amanda Alvarado. Scott was always a warm, loving child. His air of general friendliness and wonderful sense of humor made him a joy to be with. We, his Aunt and Uncle, looked forward to the time we were able to spend with Scott enjoying the soft-spoken way he had about him. It was during his teenage years a change came over Scott. While his behavior continued to deteriorate, his family became more and more concerned. In 1986, he was hospitalized and diagnosed as a paranoid schizophrenic. Scott was in and out of mental hospitals for the next six years receiving only limited mental health treatment. Paranoid schizophrenics, such as Scott, typically have delusions of persecution, hallucinations, and disturbances in thinking and communicating. Those delusions lead up to the murder of which he was convicted. The first competency hearing resulted in a hung jury. In spite of the fact that Scott was unable to complete rational and meaningful conversation, thirty-nine days later at a second competency hearing he was judged competent to stand trial. At his trial he was allowed to act as his own attorney. Scott's lengthy speeches and absurd statements and behavior during the trial indicated that he was paranoid and delusional. It is wonderful to want to give everyone an opportunity to plead his case in front of a jury. The power to act as one's own attorney, automatically granted to all who are found competent to stand trial, should require more than knowing they are in a courtroom and being able to make simple decisions. The power to remedy the injustice of Scott's trial now rests with the Texas Board of Pardons and Paroles. We understand the response of people to seek vengeance for heinous crimes. However, execution is unconscionable for offenders who suffer from serious and persistent mental illness. There is no question, as his medical records and numerous doctors have attested, Scott suffers from a mental illness. Scott has always been very spiritual and his incarceration has deepened his faith in Jesus Christ as his Savior. He is involved in a personal mission to bring the Word of God to his fellow inmates and all who will listen to him. Scott's life has a purpose, a purpose that should not be allowed to end. We urge you to grant clemency to Scott Panetti. Sincerely, Eugene Empereur Edwina Empereur FROM CHARLES SULLIVAN
Dear Gov. Rick Perry and the Board of Pardons and Paroles,
I am writing to urge you not to execute Scott Panetti. He is obviously mentally ill. CURE started in Texas and we have worked with your agency and the clemency section of the Governor's Office for over 30 years. We have also researched the history of the death penalty in Texas. Although Texas is known for its harshness, there was a time in Texas when more people opposed capital punishment than supported it. Also, even when the death penalty was used, it was only after an automatic 30 day stay was given by the Governor. I can remember when Gov. Dolph Briscoe faced the first execution after Furman and his assistant, Jay Floyd, told me that the traditional 30 day stay would be given. I respectfully request that the Governor return to this tradition especially in regard to Mr.Panetti. Whatever consideration you give to this request will be appreciated. Charles Sullivan Ex. Dir. Nat. CURE POB 2310 Wash. DC 20013 FROM NICHOLAS MIR CHAIKIN
Honorable Men and Women of the Pardon and Parole Board,
I write asking you to please reconsider the case of Scott Panetti, scheduled for execution on the 5th of February. I think that no good can come from executing anyone, it cannot heal, it cannot reverse what has happened, it cannot save or redeem any person alive or dead. We all want what is best for our country, and I truly believe that we all want what is best for all the people of world. To send the message that we, in the USA, murder our own weakens us, in our own eyes and in the eyes of the world. How could we not seize any opportunity to strengthen our society in these volatile times of hate and war? Can we not send a better message to the people of the world? I urge you to ask yourselves, in the name of all the people of the world, what would Jesus have to say about this? or Mohammed, or Buddha if you prefer? And when you hear the answer, remember why these figures were prophets and why so many people of the world find comfort in their teachings. We cannot assume the role of God, it is dangerous and shameful to our society. We cannot kill others. We can defend ourselves, and we can defend the helpless, but we cannot kill others. We have prisons to defend our society from Scott Panetti and people capable of doing what he has done, but how on earth can we imitate him and feel sane, sound and responsible. I beg you to reconsider his sentence, if not in my name, if not in the name of Justice, if not in the name of God and if not for your own souls, then for Mr. Panetti's children, for my two children, and for your own children. Please do not let us teach that murder can be right. Most Sincerely, Nicholas Mir Chaikin FROM TED KAMP
Dear Sirs -
I am writing to respectfully ask that you reconsider the case of Scott Louis Panetti (#999164), who is scheduled to be executed on February 5, 2004. I will keep it simple and direct. I am not writing because I am an opponent of the death penalty. I am writing because a life sentence makes more sense IN THIS CASE. Scott Panetti was provably, certifiably mentally ill, and was allowed to represent himself in a capital case. This is a miscarriage of the great justice system of the United States. I understand why the death penalty is applied; it is sometimes society's wish to punish a truly malicious person who has comitted a hateful act. Scott is a person who clearly struggled with a mental disability that sadly went unaddressed for too long. I also believe that a well-behaved and spiritually active prisoner like Scott can make a great difference in society. As long as he draws breath, he can help other prisoners, and more importantly, show the world that a person with a violent strain of mental illness can be helped. If this spurs anyone to get help before they commit a violent act, his life will have served the great purpose of sparing anyone else the pain the Alvarado family has suffered. He will never hurt anyone again. He may be able to help the world, and do God's work. This is called redemption, and I believe it is possible in this case. Thank you for reading this. Please consider the options that will give him a life sentence rather than end his sad life. Sincerely, Ted Kamp FROM CHARLIE CLOUSER
"Ladies and Gentlemen:
Only by honoring and respecting life can we deserve to be citizens of the human nation. This is something that's pretty easy for us all to agree on. In learning about the case against Scott Panetti, currently sentenced to death, I found that, quite aside from the strange rulings and extenuating circumstances in his case, that there was fundamentally something wrong with allowing a man with a documented history of mental illness to represent himself in court, and then sentencing him to death when his case is lost. This is simply not the right thing to do. We can exile Scott from human society, but we must not kill him, lest we forfeit our right to citizenship as well. If Scott is to be executed, I ask what system of values, what merciful God could guide such action? Scott Panetti really must be granted a stay of execution in order to have his case and sentencing reconsidered. This is the right thing to do." Charlie Clouser |
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FROM MIKE FARRELL
January 22, 2004
Texas Board of Pardons and Paroles P.O. Box 13401 Capital Station Austin, TX 78711-3401 Ladies and Gentlemen: I write to ask that you consider - or perhaps reconsider - the case of Mr. Scott Panetti, who is scheduled to be executed on February 5th. As you are no doubt aware, Mr. Panetti has a well-documented history of mental illness. This alone, it would seem to me, argues that he should not have been allowed to represent himself in court, particularly when on trial for his life. Further, one would hope, the knowledge of this history, even if it had come after the fact, would argue for reconsideration of whatever the result of such a trial. If it is true, as I understand to be the case, that in this instance appellate courts have refused to intervene, one can only wonder at the curious nature of our legal system. However, it is the very impersonality of that system that requires as a safeguard the existence of your board. You are there to make right what the system is too blind to fix. If our legal system is incapable of considering a human interaction from the perspective of the human being, it is incumbent upon bodies such as yours to stand in the way of allowing it to do further harm. Though I am not writing as a spokesperson for Human Rights Watch I am, in fact, the co-chair of the California Committee of that organization. In that capacity I am made privy to research our organization does and makes use of in an attempt to bring awareness of violations of fundamental human rights to the attention of the American people. One of the latest studies done by HRW points to the failure of our society to recognize and remedy the huge and growing needs of the mentally ill among us. Our research has shown that there are more mentally ill Americans in prison today than in mental institutions, a frightening and shocking demonstration of our failure to meet the needs of these people. I bring this to your attention because you have the capacity to begin to rectify a wrong that is causing pain to many today, but if unrecognized and/or ignored will ultimately unmask us as a remote and uncaring people behaving in a manner destructive of the most helpless among us. Please find it in your hearts to reexamine the case of Scott Panetti and see to it that this man be removed from death row and maintained in custody, medicated and controlled so that he can not only be free of the pain of his illness but can lead a productive life in prison. Thank you for your service. Sincerely, Mike Farrell FROM CAROL MARTELL
To: Ms Rissie Owens, Presiding Officer, Texas Board of Pardons and Paroles
Dear Ms. Owens; Thank you for taking time to consider my plea for clemency for Scott Panetti, #999-164. Scott Panetti is my nephew. I watched him grow up and shared my sister's pain when he began to exhibit signs of mental illness as a young man. By the 1980's, he was extremely ill. In 1986 he was diagnosed as paranoid schizophrenic at the Veterans Affairs Hospital in Tomah, Wisconsin. Later, the Social Security Administration determined he was not capable of holding a full time job and would require on going medical treatment. He was granted disability assistance. Because of his illness, Scott committed a horrible crime. He was then taken into the care of the Texas judicial system. He was badly betrayed by this system which is supposed to protect the retarded and mentally ill. He was allowed to defend himself although he was completely incompetent. He had no legal skills. He dressed like a cow boy and had no idea how to question a witness. People who witnessed this trial were horrified that it was allowed to go on. If I did not know it to be true, I would not believe this could happen any where in the United States of America. I'm sure you would not have allowed it if you had been present. Scot is a beloved member of our family. I know he is truly sorry for the pain he has caused and has been trying to atone for his actions for many years. Last Sunday, I asked the congregation of my church to keep you and other members of the board in their prayers. We prayed for Scott and his attorney, as well. We prayed that you will all be touched by grace as you consider Scott's fate. Respectfully, Carol L. Martell FROM JESSICA MCBRIDE
I attended the trial of Scott Panetti. But I hesitate greatly to call it a trial. For 10 years, I have been a crime and
courts reporter for a large Midwestern daily newspaper. I have attended many trials. This was not one of them. This was a
"trial" that shocked the conscience. This was a farce. It was a miscarriage of justice that pains the heart.
I had never met Scott Panetti before, although I grew up with his much younger sister in a small northern Wisconsin town. I accompanied Scott's sister to the trial as support. Scott's severe mental illness was immediately apparent to everyone in the room. He dressed in a 1920s-era Cowboy outfit, like something from an old movie. His thoughts were not coherent and he had no conception of the law. He would veer into paranoia and tangents. To my great horror, a Texas judge allowed Scott to represent himself in court. TO REPRESENT HIMSELF IN COURT! This was despite years, ELEVEN YEARS, of mental commitments to Veteran's and other hospitals, and diagnoses of mental illness, delusions, and split personality that far PREDATED the murders. I have seen trials in Wisconsin where defendants have used insanity defenses and succeeded who did not even have ONE prior commitment before their crimes. Panetti had numerous. Page after page after page of documented mental illness. There is no denying that the crime Scott committed was horrific. But I am, truly, deeply, dismayed to live in a country that would put a documented severely mentally ill man to death, particularly one who was allowed to act as his own attorney and who did not receive a fair trial. I listened on the other end as Scott called his sister and launched into his paranoid ramblings as the trial was underway. He was incapable, completely incapable, of even coming up with a coherent defense. Scott's sister and I tried and tried to talk him out of representing himself, but Scott would interrupt us to pontificate about religion and would veer off into fragmented discourse. And, most certainly, he did not represent himself well. The judge and district attorney allowed Scott to ask rambling question after irrelevant rambling question of a series of witnesses. For example, he was allowed to ask his ex-wife if she took their little daughter to Sunday School, and other questions clearly out of the scope of the proceeding. The jury, in my opinion, was overwhelmed by Scott's craziness. Scared of him. The judge and prosecutor sat quietly by as he wove his own noose. Scott sees the world through a fractured prism of reality -- a warped view twisted by mental demons. Where was justice? No one is arguing Scott Panetti should walk free. But a mentally ill man belongs in an institution, not in the death chamber. You don't have to believe Scott's family or me or Amnesty International or Susan Sarandon or any of the hundreds of others who are horrified by this miscarriage of justice. Read the summary of documents on the Save Scott Panetti website. Read the doctors' and lawyers' statements in sworn affidavits and court documents. They tell the story of Panetti's severe and documented mental illness before the trial and of his farcical attempt to represent himself in his capital murder case. I implore the governor of Texas and the Texas Board of Pardons and Paroles to grant Scott Panetti a stay of execution. If ever a case illustrated the foibles and flaws in the death penalty laws, this is it. Consider your conscience. Now. Before it is too late for the system to find redemption. Jessica McBride Milwaukee, Wisconsin FROM W. EARL BROWN
January 5, 2004
Texas Board of Pardons and Paroles P.O. Box 13401 Capital Station Austin, TX 78711-3401 Attention Board Members: I, William Earl Brown, am firmly against the death penalty. In the case of Scott Louis Panetti, #999164, it is my belief that his death sentence be reduced to life in prison. Mr. Panetti's case was brought to my attention by a family member of his, who is a close friend of mine. From what I'm told and by what I read in the Milwaukee Sentinel online, Mr. Panetti had a long and well documented mental illness both before and after the crime in question. His behavior at his own trial should be evidence enough that the man is insane. Dangerous, yes, but still clearly deranged. I am not asking for the absolution of Scott Panetti. The fact remains that Scott killed two people. Therefore I feel that he should remain detained within the prison system for the remainder of his natural life. Imposing the death penalty is as inhumane an act as the crime itself. By killing those who've killed, we turn ourselves into murders. Cloaking ourselves in the cape of righteousness only blinds us to the fact that we are consciously a party to the death of another human being. Right and wrong is up to God. Down here, we're all just trying to figure it out. Hopefully you will figure out killing a mentally ill person serves justice to no one. It only blackens the souls of all who are involved. Sincerely, William Earl Brown FROM JAY GORDON
December 28, 2003
Texas Board of Pardons and Paroles P.O. Box 13401 Capital Station Austin, TX 78711-3401 USA Attention Board Members: I, Jay Gordon, am firmly against the death penalty. In the case of Scott Louis Panetti, #999164. It is my belief that his case should be retried and/or his death sentence be reduced to life in prison. I feel that Mr. Panetti should remain detained within the justice system so that he can serve as a rehabilitated example for incoming prisoners and research. His case in particular, compared to other crimes of this nature, is essential when considering a subject's mental status, at the time of the crime, versus the actual offense itself. Imposing the death penalty, in my opinion, is as inhumane an act , as the crime itself. Murder is murder, no matter how it is viewed. We the people should not take God's work into our own hands. Sincerely, Jay Gordon FROM DAVE PAYNE
Texas Board of Pardons and Paroles
P.O. Box 13401 Capital Station Austin, TX 78711-3401 USA Re: The death sentence of Scott Panetti To Whom This Should Concern: I'm a professional feature film writer and director living in Los Angeles and heard about this case through a relative of Scott's. Having written several screenplays and a TV pilot about injustices in the legal system, I'm familiar with how trials can become unbalanced and sometimes unfair, through no fault of the system, the prosecution and/ or the defense. I have reviewed the trial transcripts and my moral compass tells me that this man SHOULD NOT BE PUT TO DEATH (and this opinion does not come easily, as I am a proponent of the death penalty). Please review Scott's case, take into consideration his noted mental illness, the progress he has made while imprisoned, and seriously consider commuting his sentence to life imprisonment. We have the best justice system in the world, but it is not perfect. People can and do fall through the cracks. Please don't let Scott be one of them. You have a difficult job and I wanted to thank you for insuring that we are a just and compassionate society. Sincerely, Dave Payne CC: Governor Rick Perry Office of the Governor P.O. Box 12428 Austin, Texas 78711-2428 Michael C. Gross, Esq 106 S. St. Mary's Street, Suite 260 San Antonio, TX 78205 |
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FROM YVONNE AND JACK PANETTI
January 14, 2004
Ms. Rissie L. Owens, Chairperson Texas Board of Pardons and Paroles Austin, Texas 78711-3401 RE: Scott Louis Panetti #999164 Dear Ms.Chairperson: Please be informed that at the time the Board members review the petition, Scott's attorney will submit our previous letter along with other material. It is crucial that you grant Scott a clemency hearing so the Board can collectively hear all the material presented and observe his demeanor. Scott is not the same person he was at the time of his trial. You will see an articulate and stable man who will candidly answer your questions. His deep faith, his study of scripture and a dedicated regimen of exercise have been essential in his road to recovery. It is ironic that our society is apathetic to the mentally ill, yet passionate about passing judgment and giving harsh punishment to those same ill people who commit crimes. In retrospect, we realize that mental illness had glimmered periodically beneath the surface in Scott's early teens. His disease surfaced after he was electrically burned while working as a lineman for an electric company. He was treated at the famed Brooke Army Burn Center, Fort Sam Houston. After suffering this traumatic event those who knew Scott well saw his personality deteriorate. Studies show that proper treatment would have made his affliction, the brain disease known as schizophrenia, quite manageable. Our research has shown that over two million people in the United States have this disease. According to an article in the April 2002 issue of American Legion magazine, in one percent of those afflicted in early adulthood, the disease subsides and often disappears in their mid to late 40's. Scott was incarcerated for three years prior to his trial. During that time his illness escalated. It is incredible that he was ever considered competent to stand trial, much less act as his own attorney. This was most certainly a travesty of justice. Our family sat numbly through the trial, traumatized by its peculiarity. We wondered why a judge would allow this mentally ill person to flounder around trying to be a lawyer. It was a farce. Sincerely, Louis J. Panetti and Yvonne Panetti Parents of Scott Louis Panetti FROM PETER SOBY, JR.
January 8, 2004
Texas Board of Pardons and Paroles P.O. Box 13401 Capital Station Austin, TX 78711-3401 USA Re: The Execution of Scott Louis Panetti (#999-164) To Whom This Should Concern: Thank you for taking the time to read and consider this letter. I also thank you for taking the time to read and consider all of the other letters and petitions you have received in support of removing Scott Panetti (#999-164) from death row. I respectfully ask that you consider my plea to you. Please do not execute a man with a mental illness. A man with a long history of mental illness. A man who was mentally ill when he committed his crime AND when he was allowed to defend himself in court. Scott Panetti is my cousin. We share the same Aunt. I've known Scott since I was little. We lost contact as we grew older, but I always stayed in touch with him through our mutual Aunt. I know that Scott was always a good person at heart. But, I also know that Scott had severe mental illness problems. I believe they stemmed from a near drowning incident when he was little, then subsequently, an electrical accident in his late teens. Scott was given an honorable discharge from the U.S. Navy stemming from his mental illness problems. Scott was deemed by U.S. Social Security to be mentally unfit to hold down a full time job. Scott Panetti is mentally ill. The United States Government has verified that fact TWO TIMES. In Scott Panetti's long-delayed, double-murder trial in 1995, this mentally ill man was allowed to defend himself. The trial was called, "a circus," by expert attorney witnesses. The same United States Government (this time, the Judicial Branch) chose to ignore the very fact they had proven twice before. Please review Scott's case, and take these facts into consideration. Also, please consider the progress he has made as a human being while imprisoned. He has proven that he can be a worthy, compassionate and productive member of OUR society, albeit from behind bars. I, once again, respectfully ask that you consider my plea to you. Please do not execute Scott Louis Panetti (#999-164). Please seriously consider commuting his sentence to Life Imprisonment. I realize that your job is a difficult one. I am compassionate to you for that reason. I hope that you will rise up and give all Americans a reason to believe that we are indeed living in a just and compassionate society. Respectfully and Humbly, Peter Soby, Jr. FROM VICTORIA PANETTI
Texas Board of Pardons and Paroles
P.O. Box 13401 Capital Station Austin, TX 78711-3401 USA Re: The Execution of Scott Louis Panetti (#999-164) To Whom This Should Concern: I am Vikki Panetti, sister of Scott Panetti, Death Row inmate #999-164. The United Nations Commission for Human Rights has repeatedly called on countries which still use the death penalty not to use it against anyone suffering from a mental disorder. The execution of the insane - those who do not understand the reason for, or reality of their impending punishment - is unconstitutional in the USA, under the 1986 US Supreme Court decision, Ford v Wainwright. This has not prevented numerous mentally ill prisoners from being executed. Scott Panetti's lawyer, Michael Gross, has initiated a Ford claim. Also, the lethal injection drug, pancuronium bromide, is banned in some states for use in putting down pets and strongly discouraged by the American Veterinary Medical Association with a warning that if used without perfect anesthesia an animal "may perceive pain and distress after it is immobilized". Pancuronium bromide is a muscle relaxant, which according to the Texas Department of Criminal Justice Web site, collapses the diaphragm and lungs. In Texas, it is used in combination with two other drugs, potassium chloride, which stops the heart, and sodium thiopental, a sedative. Each of the three drugs is given in lethal doses. After being injected with the chemicals, a person appears to die quietly about seven minutes later. But what we see may not be what is actually occurring. A person injected with the drug remains conscious, despite the paralyzing effect on skeletal muscles. Muscle paralysis would prevent a person from shouting out in pain, but would not eliminate the pain sensation itself, experts in human and veterinary medicine say. Similar effects regarding animals prompted the American Veterinary Medical Association to condemn the use of pancuronium bromide for animal euthanasia drugs. The New York Times reported that the drug is at the center of a Tennessee lawsuit by a death row inmate who is challenging its use in executions. If the nation's veterinarians object to the use of pancuronium bromide to put down animals because it causes suffering before death, surely Texas should do as much for humans. Please take these facts into account when you consider the case of Scott Panetti #999-164. Scott was deemed unable to have a job according to United States Social Security in 1986. He received checks up until the day of the crime he committed. He has 12 years of documented proof of severe mental illness from V.A. hospitals and private hospitals. He is a Navy veteran who once served his country honorably. Now I ask of you and our country to spare his life. His execution date is set one month from today. Surely, you will agree that a man who is on social security can not successfully act as an attorney in a court of law like Scott was allowed to by Judge Ables. Please take into account he is not #999-164, but a human being and deserves to live. Sincerely, Victoria Panetti FROM WHISTLE B. CURRIER
From: Whistle B. Currier
To: Michael C. Gross, Esq., 106 S. St. Mary's Street, Suite 260 San Antonio, TX 78205 Re: Texas Death Row Prisoner 999164 Scott Panetti - 02/28/1958 Dear Attorney Gross, et al: I learned of circumstances surrounding the murder trial of Scott Panetti through a long time friend and fellow pioneer member of the Fully Informed Jury Association, John Hartog. Through John I learned of the second murder trial of Mr. Panetti because the jury for the initial murder trial would not agree on a verdict. From what I can garner about the trial it appears that Kerrville County (?) Assistant District Attorney Bruce Curry was involved in misfeasance of office, evinced through revelations by Panetti's wife, the daughter of the murder victims. She has revealed that affirmative defense evidence was purposely withheld from the jury. Perhaps prosecution rules do not mandate such revelations to a jury of the accused, but under the circumstances of Mr. Panetti's incompetence and obvious ineffective assistance of appointed (standby) counsel, his jury was short-changed of relevant evidence while deliberating toward a verdict which provided the death sentence. Judge Steve Ables presided over the sanity trial whereat the jury was deliberately under-informed of the circumstances surrounding Panetti's sanity and how that mental condition contributed to the slaughter of his wife's parents. If not plain error, such judicial influence may well be used to seek a void judgment. This case comes close to the famous M'Naughten murder trial in England which influenced the sanity hearings for murders in this country. A first degree murder charge brought by Prosecuting Attorney Bruce Curry certainly appears out of place under these circumstances. Prosecutorial overreach may be a factor here. Was a lesser included offense of manslaughter ever allowed for consideration by the jury? I have no concern over the death penalty, per say, and give great deference to a jury's determination, even in this case. However my concern is that the jury was not fully informed of the entire facts surrounding this incident, and therefore the judgment of the court should be voided, with another sanity hearing permitted whereat an apparent biased judge and prosecuting attorney would not be allowed to withhold relevant evidence that jurors might use to determine this mad killer's fate. Toward judicial reform via Judicial Accountable Integrity Legislation (see < www.JAIL4Judges.org <http://www.JAIL4Judges.org> >) I remain respectfully yours truly, __________________________________________ Whistle B. Currier Cc: Texas Board of Pardons and Paroles |
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