From October 1, 2004... read the text below Maro Robbins San Antonio Express-News Staff Writer A federal judge Thursday decided a schizophrenic inmate is sane enough to be executed, even if the prisoner truly believes the state represents the forces of evil and that it wants to kill him because he preaches the gospel. Calling the case complex and the law unclear, Austin-based U.S. District Judge Sam Sparks also ruled former Fredericksburg resident Scott Panetti cannot be executed until the next tier of federal courts addresses his challenge. Panetti's appeal squarely raises a question that has been answered only partly by the courts: If it's cruel and unusual to execute the insane, how mentally ill must a defendant be before his life is spared? The 46-year-old's case has been closely watched because his history of hallucinations is long, even though he also was found competent to stand trial and even represented himself in court while wearing a purple cowboy outfit. Hospitalized more than a dozen times, Panetti first was committed to Kerrville State Hospital in 1981, 11 years before he shaved his head, donned military fatigues, abducted his estranged wife and fatally shot her parents in Fredericksburg. Sparks acknowledged Panetti's illness but said that, while the law was "less than clear," it seemed to only require that Panetti understand his execution is pending and that his death sentence is a result of the murders he committed. Panetti has told psychologists he knows the state claims it condemned him for slaying his in-laws, but he insists that's a pretense. He says the state only wants to silence his preaching. Sparks is the second judge to rule Panetti can be executed. The trial judge, state District Judge Stephen Ables, months ago reached a similar conclusion. Panetti's lawyers said the judges have set the hurdle too high. "Who can ever be found incompetent to be executed? I guess he's got to be so completely out of it that he can't even know his own name," said Austin-based lawyer Keith Hampton, who is representing Panetti alongside San Antonio lawyer Michael Gross. Hampton argued that Panetti should be spared for two reasons: Mental illness is its own punishment. Moreover, society is cheated of retribution when convicts can't understand why they're being punished. The Texas attorney general's office declined to comment on the case except to say it will defend the judge's decision when the case moves to the 5th U.S. Circuit Court of Appeals. When the U.S. Supreme Court ruled in 1986 that it's cruel and unusual to execute the insane, the justices said nothing about how courts would determine mental competency. Federal courts around the country have filled that silence with varying interpretations. According to Judge Sparks, the 5th Circuit, which interprets federal law for Texas, Louisiana and Mississippi, has required that defendants have only a minimal understanding of why they face lethal injection. And 10 years ago, the court was unpersuaded by another defendant's delusions of persecution. In 1994, the 5th Circuit refused to halt the execution of a man who had shot an Asian teenager during a stickup because the prisoner claimed he was a victim of a conspiracy between gays, minorities and the Mafia.

	Scott Panetti's Evidentiary Hearing began on September 7, 2004 and ended on September 8t, 2004. The purpose of this hearing was to judge Scott's competency to be executed. Federal Judge Sam Sparks presided. This was a critical hearing because, if the ruling does not go in Scott's favor, THEY WILL SET A NEW EXECUTION DATE. Read Yvonne Panetti's letter below for an account of how the trial went. Thank you to everyone for your thoughts and support throughout this period. Also, thanks to EVERYONE that contributed to Scott's defense. Your contributions aided Scott's defenders and ensured that Scott received the proper backing and justice in this important court hearing. Scott Panetti's case has the chance to change the face of the Death Penalty in America click here to read the details of Scott's case Jack and Yvonne Panetti, with Scott behind the glass Scott gets a visit from his sister Jacki Scott's brother Tom visits him

	Info letter to family and friends.......... We are waiting to hear Federal Judge Sam Spark's decision on Scott's Evidentiary Hearing. The response to our request for financial help was magnificent. Thank you so much for your generous contributions. Your prayers and support are priceless and greatly appreciated. Thank you. The fund helped obtain highly professional experts to support the actuality of Scott's illness. Psychiatrist, Dr. Silverman and three psychologists with wonderful credentials and many years of experience all provided insightful testimony which had to have impressed the Judge. The TX Assistant DA kept insisting Scott was malingering despite hearing Scott's experts'witnessing to their intensive study of Scott's past medical documentation and his current state of mind backed by their interviews with Scott. The State put Judge Ables' two experts on the stand. They both did inept testimony. Scott's lawyer's cross examining was superb. Ables experts saw Scott for less than an hr and then spoke with a couple of prison personnel to back up their claim that Scott was not ill. They had submitted their flawed and ridiculous opinion to the Able's court. An interesting thing uncovered during cross examination was that Ables had allowed court funding of $10,000.00 to his experts. Hmmmmmmmm. The court had allowed $1000.00 for a psychiatrist to evaluate Scott. The young woman psychiatrist chosen by Judge Ables testified that she had evaluated many people for competency over the years. AS MANY AS TEN PER DAY. My remembrance of Dr. Death-James Grigson testifying at Scott's trial were rekindled. He never evaluated Scott yet he testified that Scott was a schitsophrenic and would never get well and would always be a danger to society. I saw fear on the faces of some jurors. He was paid well to do this. Look him up on the internet. He made big bucks being a hired gun. TX has enacted laws into its judicial system which allow expedient legal murder via the death penalty and makes it nearly impossible for inmates to obtain justice to escape this barbaric practice. It is a political tool used by many running for office. Judge Sparks has a fine reputation. He seems to be a wise and thoughtful man. He is also devoted to the law and the desire to do what is correct and fair. He keeps respect in his courtroom. We were so grateful to have our belief in the justice system somewhat restored by this honorable man. We realize that this judge must take the state law into consideration. All evidence and testimony presented to the court must have provided the proof to persuade him that Scott is incompetent at this point in time. The past medical documentation and facts regarding the history of bizarre behavior give credibility to the present state of Scott's mind. Scott's trial in 1995 was shoddy and corrupt. This proper Hearing on Sept.7th and 8th with experienced and skilled legal representation provided to Scott and the expert witnessing by experts should be validation of Scott's illness. The following is a gist of what the experts testified. A schitsophrenic has delusional thinking. Thought process is not based in reality. This is decidedly a brain disease. It was explained how thought patterns are received differently into the brain of Scott. When in an environment of sameness and with people he knows, he doesn't get agitated and can appear quite normal to the casual onlooker who doesn't relate extensively as family and friends do. Psychiatrists and psychologists must take much time and gain the trust of a patient and be good listeners to conduct a proper evaluation. Hardly what a prison doctor would manage with the large number of inmates. Dr. Silverman said Scott could not be malingering as it has been proven the charade of being mentally ill can't be maintained for very long under professional scrutiny. It is impossible. Scott believes that it was not Scott who committed the crime. The following is the gist of Scott's reality. He believes the following: "It was Sergeant Ranihan who did the crime. The Devil has always wanted to destroy Scott because Scott is working for Jesus Christ. Scott truly believes he was healed by God on April Fools Day 1994 or 5. He was told to preach the word of God and to explain scripture to people needing to come to the Lord. He was given a mission by the Savior. God has placed him in prison to do the work of the Almighty by explaining the comfort of being saved to those around him. Scott has received profound comfort in his belief. He practices the teachings of the Bible. The State of TX is ruled by evil , Scott thinks. It wants to silence Scott's preaching. This is the reason they want to execute him. The Devil wants to end the teaching of the gospel which God chose Scott to do." I have read books and articles on Scott's many diagnosed mental illnesses but I understood more about schizophrenia while listening intently to the experts in the courtroom who had studied this brain disease for years. We were informed that the the brain of an afflicted person such as Scott is different from a normal brain. It was a feeling of affirmation to realize society has made wonderful strides in the understanding of mental illness and disease and how to treat it. It made me sad to hear how Scott had been medicated overly and inappropriately at times which exacerbated the illness and made him more ill while creating a Zomby effect on him. The Dr. stated the names of the drugs given to Scott. The doctor said Scott had to have had a strong constitution and actually be psychotic to have survived the strength of the medication. While in jail a guard forgot to dispense Scott's morning meds. ( yes, I said guard not medical personnel) The guard then doubled the dose at night. A terrible reaction ensued. Is it any wonder Scott's paranoia became extreme. He thought "they" were trying to kill him with poisonous substances. It seemed reasonable to Scott that God should heal him so he would not ever half to suffer from taking bad drugs again. Scott refused the deadly medication from then on. After all, God made it unnecessary to take it. Definitely he did not refuse medication in order to remain psychotic, as the prosecution suggested. We are very apprehensive but hopeful. We'll let you know when we hear Judge Spark's Decision. Warm Regards, The Panetti's

	Thank you for all of your support! Judge Grants Stay To Scott Louis Panetti Because of all your letters, signatures, thoughts and prayers: On Wednesday, February 4, 2004, Scott Panetti was granted a 60 DAY STAY OF EXECUTION! Please keep checking in with this site for frequent updates. We will also keep you up-to-date with what you can do to help the cause. This is just the first step. Your continued thoughts and support will be instrumental in moving forward. A federal judge Wednesday halted the scheduled execution of a Texas Hill Country killer for at least 60 days to reconsider a claim of mental illness. U.S. District Sam Sparks, who sits in Austin, granted Scott Panetti the stay a day before he was set to die for the 1992 slayings of his estranged wife's parents in Fredericksburg. Panetti, now 45, dressed as a John Wayne movie character as he defended himself at trial and 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, Dow observed that Panetti is "delusional and misunderstands whether and why he will be executed." Sparks further ordered the state court to reassess Panetti's competence. (source: Associated Press)

	Thanks to everybody who signed Scott's petition. You are all a big reason why Scott received a 60-day Stay of Execution. We are still going to continue to gather as many signatures as we can. We will have a NEW and UPDATED petition up within a few days. Even if you already signed the first petition, please take the time to sign the new petition once it is up and running. As always, thank you all for your time, support and efforts. Click here to view previous petition in a new window

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