Texas wants to medicate death-row inmate
AUSTIN, Texas, June 12 (UPI) -- Prosecutors in Texas want a schizophrenic on death row forcibly medicated to make him sane enough to execute.
Steven Staley's case could lead to a definitive ruling on the issue, the Dallas Morning News said. The U.S. Supreme Court has ruled that inmates too mentally ill to understand why they are being executed cannot be put to death, and has ruled that inmates can be forced to take medication in certain circumstances.
But the high court has never ruled on forcing inmates to take medication so that they can be executed, the newspaper said.
"We're going to go after anybody who's been sentenced to death," Chuck Mallin, chief of Tarrant County's appellate division, told the Morning News. "Our position right now is we're not going to warehouse them, we're going to seek to enforce the judgment of the court until the Court of Criminal Appeals or the U.S. Supreme Court says we can't."
(snip/...)
http://www.politicalgateway.com/news/read/18664~~~~~~~~~~~~~~~~~~~~~~~~~~Texas death penalty case headed for possible fourth trial
HOUSTON -- One of the longest and most contentious death penalty cases in Texas is heading back for yet another trial.
The U.S. Supreme Court, acting Monday on an appeal from the Texas Attorney General's Office, refused to reinstate the death sentence of Johnny Paul Penry, clearing the way for another jury to consider punishment for a fourth time. Penry was convicted of raping and fatally stabbing a woman at her home in Livingston in 1979.
Penry turned 50 last month and has spent more than half of his life on death row for the slaying of 22-year-old Pamela Moseley Carpenter. He confessed to attacking the woman and stabbing her with scissors, but his attorneys have contended Penry, who says he believes in Santa Claus, has the reasoning capacity of a 7-year-old.
While psychological tests have put Penry's IQ between 50 and 60, at least five juries have found Penry to be legally competent to stand trial or have rejected defenses based on mental retardation. The high court in 2002 ruled mentally retarded people, generally considered having an IQ below 70, may not be executed.
(snip/...)
http://www.kristv.com/Global/story.asp?S=5019866&nav=Bsmh~~~~~~~~~~~~~~~~~~~~~~~~~~Fight looms over meds for condemned man
01:20 AM CDT on Monday, June 12, 2006
By DIANE JENNINGS / The Dallas Morning News
Steven Staley
No one disputes that condemned killer Steven Staley is mentally ill.
In 15 years on death row, he has suffered from delusions, lain in his own urine and bruised his own face. He is so sick that prosecutors, defense attorneys and a judge agree he is incompetent to be executed.
For now.
Tarrant County prosecutors are pushing to have the diagnosed schizophrenic forcibly medicated for his illness – enabling him to be executed.
(snip)
The issue has bounced around various states' court systems for years, with some judges ruling that inmates cannot be forcibly medicated just so they can be executed, and others saying they can.
But in Texas, the nation's No. 1 death penalty state, prosecutors haven't pushed the issue. Mentally ill inmates are periodically re-examined for improvement, but some prosecutors opt to let them serve a de facto life sentence.
Tarrant County prosecutors Chuck Mallin and Jim Gibson decided on a different route for Mr. Staley.
(snip/...)
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/061206dntexdeathrow.dabc6bc.html