Kerrville Daily Times

By Gerard MacCrossan
The Daily Times

Published February 05, 2004

The murder of a Fredericksburg couple in their 50s by their daughter’s husband shocked the people of the small German community in September 1992. Twelve years later, a last-minute ruling by a federal judge has delayed today’s scheduled execution of the man convicted of the crime.

Scott Louis Panetti shot Joe G. Alvarado Jr. and Amanda C. Alvarado to death with a .30-06 rifle as they confronted Panetti for assaulting his wife while she was staying at their home, according to the state of Texas’ offender information report.

Panetti, who is now 45, kidnapped his estranged wife, Sonja Alvarado, and their 3-year-old daughter and took them to his cabin, where he released them after about three hours, Gillespie County Sheriff Milton Jung said Wednesday. About eight hours after the shooting, with the cabin surrounded by police, Panetti surrendered peacefully. He was reported to have told police that the killings were carried out by his alter ego, “Sarge.”

Sheriff Jung said the Alvarados’ murders probably upset people in Gillespie County more than any others in the area.

“The county was quite upset over this,” he said. “I get asked all the time when Panetti is going to be put to death.”

Anti-death penalty advocates had called on Gov. Rick Perry to grant a 30-day reprieve to Panetti, a native of Hayward, Wis., to have the convicted murder’s mental competency evaluated. The Associated Press reported that advocates argue that Panetti has a history of mental disorders, including diagnosis of schizophrenia, and should not be executed. His mother, Yvonne Panetti, said “those who evaluate him will readily see that he is incompetent and should not be executed.”

Jung, who spent many hours with Panetti during his time at the Gillespie County Jail before his conviction, strongly disagreed with the contention that he is mentally ill.

“He was found competent by a jury (in Williamson County) to stand trial,” the sheriff said. He said his recollection was that Panetti’s admittances to state mental hospitals treatment facilities were for problems related to drug and alcohol abuse.

At his trial in 1995, Panetti fired his Kerrville-based attorneys Richard Mosty and Preston Douglas and instead opted to represent himself, Jung said.

“He had the two best attorneys you could want and he fired them,” Jung said.

Mosty said Wednesday that he represented Panetti for more than a year during his two competencies trials, the first of which ended in a hung jury. The attorney said he never believed his client was competent to assist his lawyers.

“Sometimes he would only be somewhat bizarre,” Mosty said. “Other times you couldn’t talk about the case at all.”

Although the judge appointed stand-by attorneys, including Scott Monroe of Kerrville, Panetti never agreed to speak with them either before or during the trial at which he was convicted of capital murder and sentenced to death.

Jung said that Panetti would indulge in odd behavior when other people were around and he was being seen.

“I talked to him many times in the jail,” the sheriff said. “He knew right from wrong. ... In over forty-something years in law enforcement, I have seen lots of mentally ill people.

“Scott was not mentally ill,” Jung said. “He was a fine actor.”

Because of Panetti’s insistence on representing himself and 216th Judicial District Judge Stephen Ables’ ruling that he could represent himself at trial, Monroe had to sit in the gallery during the trial.

“He did not want me at the counsel table,” Monroe said.

Responding to Jung’s description of Panetti as a “fine actor,” Monroe said the trial was definitely “Scott Panetti’s show.”

“I can’t tell you if it was a performance or if that’s how he really felt,” Monroe said. Both he and Mosty said the law allowed for Panetti to represent himself and the judge’s hands were tied.

“The thing that frustrated me ... we could see what was happening in the courtroom and we couldn’t stop it,” Monroe said. He described Panetti’s behavior on the witness stand when he talked in the third person about “Sarge’s” actions, suggesting to the jury that it was that persona who committed the murders.

Panetti is reported to have dressed in a variety of costumes, including cowboy outfits. During the trial he attempted to serve subpoenas on a variety of people ranging from former President John F. Kennedy to Jesus Christ.

“It could not have done anything other than frighten the jury,” Monroe said. He added that Panetti’s treatment of his ex-wife when she was on the witness stand angered the jury.

Monroe said he thought the case’s outcome would have been different if Panetti had not represented himself at trial. He said life in prison would have been a more likely sentence.

“I don’t see Scott ever being a candidate for parole,” Monroe said. “There was no question he was a very sick man.”

Panetti had been scheduled to die by lethal injection at 6 p.m. tonight at the Texas Department of Criminal Justice prison in Huntsville. AP reported a stay of execution was granted Wednesday by U.S. District Judge Sam Sparks of Austin, after evidence was presented disputing Panetti’s competency.

Gerard MacCrossan may be reached at gerard.maccrossan@dailytimes.com.


				*SAVE SCOTT PANETTI* *Kerrville Daily Times*



	HOME \| JAN 07 NEWS \| MISSION STATEMENT \| ROCK THE DEATH CLOCK \| COURT TRANSCRIPT EXCERPTS \| AMNESTY'S URGENT ACTION APPEAL \| WHAT YOU CAN DO \| PHOTOS OF SCOTT \| FAMILY AND FRIENDS \| LETTERS TO THE BOARD \| LINKS \| CONTACT US \| SheMonster \| OCT 2004 NEWS






		Federal judge delays Panetti execution By Gerard MacCrossan The Daily Times Published February 05, 2004 The murder of a Fredericksburg couple in their 50s by their daughter’s husband shocked the people of the small German community in September 1992. Twelve years later, a last-minute ruling by a federal judge has delayed today’s scheduled execution of the man convicted of the crime. Scott Louis Panetti shot Joe G. Alvarado Jr. and Amanda C. Alvarado to death with a .30-06 rifle as they confronted Panetti for assaulting his wife while she was staying at their home, according to the state of Texas’ offender information report. Panetti, who is now 45, kidnapped his estranged wife, Sonja Alvarado, and their 3-year-old daughter and took them to his cabin, where he released them after about three hours, Gillespie County Sheriff Milton Jung said Wednesday. About eight hours after the shooting, with the cabin surrounded by police, Panetti surrendered peacefully. He was reported to have told police that the killings were carried out by his alter ego, “Sarge.” Sheriff Jung said the Alvarados’ murders probably upset people in Gillespie County more than any others in the area. “The county was quite upset over this,” he said. “I get asked all the time when Panetti is going to be put to death.” Anti-death penalty advocates had called on Gov. Rick Perry to grant a 30-day reprieve to Panetti, a native of Hayward, Wis., to have the convicted murder’s mental competency evaluated. The Associated Press reported that advocates argue that Panetti has a history of mental disorders, including diagnosis of schizophrenia, and should not be executed. His mother, Yvonne Panetti, said “those who evaluate him will readily see that he is incompetent and should not be executed.” Jung, who spent many hours with Panetti during his time at the Gillespie County Jail before his conviction, strongly disagreed with the contention that he is mentally ill. “He was found competent by a jury (in Williamson County) to stand trial,” the sheriff said. He said his recollection was that Panetti’s admittances to state mental hospitals treatment facilities were for problems related to drug and alcohol abuse. At his trial in 1995, Panetti fired his Kerrville-based attorneys Richard Mosty and Preston Douglas and instead opted to represent himself, Jung said. “He had the two best attorneys you could want and he fired them,” Jung said. Mosty said Wednesday that he represented Panetti for more than a year during his two competencies trials, the first of which ended in a hung jury. The attorney said he never believed his client was competent to assist his lawyers. “Sometimes he would only be somewhat bizarre,” Mosty said. “Other times you couldn’t talk about the case at all.” Although the judge appointed stand-by attorneys, including Scott Monroe of Kerrville, Panetti never agreed to speak with them either before or during the trial at which he was convicted of capital murder and sentenced to death. Jung said that Panetti would indulge in odd behavior when other people were around and he was being seen. “I talked to him many times in the jail,” the sheriff said. “He knew right from wrong. ... In over forty-something years in law enforcement, I have seen lots of mentally ill people. “Scott was not mentally ill,” Jung said. “He was a fine actor.” Because of Panetti’s insistence on representing himself and 216th Judicial District Judge Stephen Ables’ ruling that he could represent himself at trial, Monroe had to sit in the gallery during the trial. “He did not want me at the counsel table,” Monroe said. Responding to Jung’s description of Panetti as a “fine actor,” Monroe said the trial was definitely “Scott Panetti’s show.” “I can’t tell you if it was a performance or if that’s how he really felt,” Monroe said. Both he and Mosty said the law allowed for Panetti to represent himself and the judge’s hands were tied. “The thing that frustrated me ... we could see what was happening in the courtroom and we couldn’t stop it,” Monroe said. He described Panetti’s behavior on the witness stand when he talked in the third person about “Sarge’s” actions, suggesting to the jury that it was that persona who committed the murders. Panetti is reported to have dressed in a variety of costumes, including cowboy outfits. During the trial he attempted to serve subpoenas on a variety of people ranging from former President John F. Kennedy to Jesus Christ. “It could not have done anything other than frighten the jury,” Monroe said. He added that Panetti’s treatment of his ex-wife when she was on the witness stand angered the jury. Monroe said he thought the case’s outcome would have been different if Panetti had not represented himself at trial. He said life in prison would have been a more likely sentence. “I don’t see Scott ever being a candidate for parole,” Monroe said. “There was no question he was a very sick man.” Panetti had been scheduled to die by lethal injection at 6 p.m. tonight at the Texas Department of Criminal Justice prison in Huntsville. AP reported a stay of execution was granted Wednesday by U.S. District Judge Sam Sparks of Austin, after evidence was presented disputing Panetti’s competency. Gerard MacCrossan may be reached at gerard.maccrossan@dailytimes.com.



		Last updated on