SAVE SCOTT PANETTI
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Texas judge halts execution of state native
Posted Feb. 05, 2004

The Associated Press

HUNTSVILLE, Texas — A federal judge Wednesday halted the scheduled execution of a Wisconsin native for at least 60 days so a state court could reconsider a claim of mental illness.

U.S. District Judge Sam Sparks, who sits in Austin, granted Scott Panetti the reprieve a day before he was set to die for the 1992 slayings of his estranged wife’s parents in Fredericksburg.

Panetti, who dressed as a John Wayne movie character as he defended himself at trial, blamed the shootings on “Sarge,” one of his personalities.

Sparks wrote that Panetti’s attorney has presented clinical evidence to support his contention of mental illness, including the findings of psychologist Mark D. Cunningham and the observations of anti-death penalty activist David Dow, a law professor.

According to Sparks, Cunningham and Dow observed Panetti is “delusional and misunderstands whether and why he will be executed.”

Sparks granted the reprieve to give the state court time to reassess Panetti’s competence. Gillespie County Sheriff Milton Jung told The Associated Press on Wednesday that a jury already determined Panetti was competent when they allowed him to be tried.

“He’s the best actor there is,” Jung said. “I guarantee you the guy’s an actor.”

Panetti’s apellate attorney, Michael Gross, said Wednesday he was “extremely delighted” by Sparks’ decision and already had asked state District Judge Stephen Ables to consider the evidence and grant a hearing on the issue.


































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