Mental disorder

Y’all are killing an innocent man’: Last words of ‘mentally ill’ Texas death row inmate executed for killing 12-year-old girl


October 11, 2012 http://www.dailymail.co.uk

Last Minute Appeal Denied For Texas Death Row Inmate

An inmate on death row used his last breath to protest his innocence of the murder of a 12-year-old girl as he was executed in Texas last night despite his legal team arguing he was mentally ill.

Jonathan Green, 44, was jailed for the abduction, rape and strangling of Christina Neal, 12, whose body was found at his home a month after she was reported missing in 2000.

Several last ditch appeals were made on the basis of his mental health in an attempt to save him from the death penalty but Green was given a lethal injection after the U.S. Supreme Court rejected the arguments to spare him.

Too mentally ill: Attorneys argued that Jonathan Green should be spared execution for the murder of 12 year old Christina Leann Neal

The 11th-hour appeals delayed the punishment nearly five hours past the initial 6pm execution time and as the midnight expiration of the death warrant neared.

Asked by the warden if he had a statement from the death chamber gurney, Green shook his head and replied: ‘No’

But seconds later he changed his mind, adding: ‘I’m an innocent man. I never killed anyone. Y’all are killing an innocent man.’

He then looked down at his left arm where one of the needles carrying the lethal drug was inserted, and said: ‘I’ts me hurting bad.’

But almost immediately he began snoring loudly. The sounds stopped after about six breaths.

Green was pronounced dead 18 minutes later at 10.45pm.

 

MISSISSIPPI – Death row inmate back for 2nd appeal – Howard Dean Goodin


September 30, 2012 http://www.clarionledger.com

Howard Goodin

Death row inmate Howard Dean Goodin is headed back to the Mississippi Supreme Court for a second round of arguments on claims that he is mentally disabled and shouldn’t be executed.

Oral arguments are scheduled for Tuesday in Jackson.

Goodin is appealing an adverse 2010 ruling from Newton County Circuit Judge Marcus Gordon, who found Goodin mentally competent and denied his motion for a new trial.

The Supreme Court granted Goodin a hearing in 2009 on claims of mental disability and ineffective work by his case lawyer.

Those post-conviction claims were initially dismissed by Gordon in 2007. In such claims, an inmate argues he has found new evidence — or a possible constitutional issue — that could persuade a court to order a new trial.

Goodin was convicted of capital murder in 1999 in the death of a Union, Miss., shopkeeper.

What prompted the Supreme Court to order a mental disability hearing for Goodin was his claim that his former attorney failed to call for testimony any of the psychiatrists who had diagnosed Goodin as schizophrenic, and that the attorney failed to present records showing the diagnosis of schizophrenia to the trial court.

Goodin also claimed records attesting to his poor academic performance and inability to hold a job should have been introduced.

He claimed his due-process rights were violated because the trial judge ruled on the competency petition without evidence of schizophrenia and low intelligence being introduced.

The Supreme Court ruled in 2009 a hearing was necessary because Gordon, the trial judge, through no fault of this own, wasn’t presented with the evidence needed to decide the mental disability issue.

The legal work of Goodin’s former attorney, Robert Ryan, had been called into question before. Attorneys for Mississippi death row inmate Dale Leo Bishop claimed Ryan — former head of a state agency responsible for representing indigent death row inmates on appeal — suppressed evidence of a bipolar disorder and intentionally sabotaged the case.

Bishop was executed in 2008 after the U.S. Supreme Court declined to take up his final three appeals.

At Goodin’s trial, records show a surveillance tape played in court depicted Goodin entering Rigdon Enterprises in Union on Nov. 5, 1998. He is seen on the tape stealing money from the cash register as well as taking a VCR and videotape.

The tape also showed 64-year-old Willis Rigdon raising his hands as he was led at gunpoint from the store and forced into his pickup truck.

Rigdon was shot with a pistol after a short trip down a nearby dirt road. He was dumped in a ditch and died later at a hospital.

Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas


September 26, 2012 

Brian D. Shannon


Texas Tech University School of Law

Victor R. Scarano


University of Houston – Health Law & Policy Institute

2012

Texas Tech Law Review, Vol. 45, 2013 
Abstract: 
This Article focuses on a small, but unique group of death row inmates who have largely exhausted their post-conviction procedural rights and have a date set for execution, but while awaiting execution have become incompetent to be executed because of serious mental illness. The United States Supreme Court has determined that it is unconstitutional to execute an individual who is mentally incompetent. The Court has not, however, ruled as to whether it is constitutionally permissible for a state to order a death row inmate to be medicated forcibly for the purpose of restoring that inmate’s competency to allow an execution to proceed. This Article discusses the scope of the serious ethical concerns related to this very challenging scenario, and reviews state and lower federal court decisions that have considered the issue, as well as United States Supreme Court opinions that have considered other, related medication issues concerning offenders with mental disorders. In particular, however, the Article offers and discuss a possible legislative solution that the Texas Legislature could enact that would avoid the thorny ethical and legal issues that are at stake in such cases.

 

Number of Pages in PDF File: 32 download here 

JEL Classification: K19

ARIZONA – Death-row inmate’s appeal rejected by federal court-Pete Carl Rogovich


September 21, 2012 http://www.azcentral.com

A federal appeals court this week rejected multiple challenges by an Arizona death-row inmate to reduce his sentence for the 1992 murders of four people, including three who were killed in a Phoenix trailer-park “homicidal rampage.”

Pete Carl Rogovich, 46, confessed to the killings and other crimes when caught by police on March 15, 1992, after a lengthy car chase, according to court documents.

“I did it. I know it was wrong. I know I’ll burn in hell,” Rogovich reportedly told police.

 

He presented an insanity defense, but was convicted of all counts by an Arizona jury in a seven-day trial in May 1994.

In his latest round of appeals, Rogovich argued that his attorney at trial presented the insanity defense without his approval. He also claimed that his attorney failed to challenge prejudicial prosecution statements during closing arguments or to challenge the aggravating factors that led to the imposition of the death penalty.

But a three-judge panel of the 9th U.S. Circuit Court of Appeals rejected those arguments Tuesday, saying there is no law “requiring the defendant to consent on the record to an insanity defense.” It also upheld lower-court rulings that Rogovich was adequately represented at trial.

“Of course we’re disappointed” by the decision, said Sarah Stone, Rogovich’s lawyer for his appeal. “He’s a seriously mentally ill person.”

She said there is no question that he committed the crimes, since he never denied his actions. “The question is whether the punishment (a death sentence) is appropriate,” she said.

“We think a life sentence is best for Mr. Rogovich, given his mental condition,” she said.

Prosecutors could not be reached for comment Tuesday.

The case began on the morning of March 15, 1992, when a customer walked in to the Super Stop Market near Rogovich’s central Phoenix apartment at 8:45 and found clerk Tekleberhan Manna, 24, dead, shot once in the eye at close range. Nothing had been taken from the store, court documents said.

Rogovich, who had told an apartment maintenance worker that morning that he was angry with his girlfriend and would get even with her, left his apartment about 1 p.m. that day with a gun and began firing randomly. After shooting at two people in the parking lot and missing, he hopped the fence to a neighboring trailer park and began what courts described as a “homicidal rampage.”

Rogovich shot Phyllis Mancuso, 62, in the laundry room; Rebecca Carreon, 48, in her driveway; and Marie Pendergast, 83, in her trailer. All three women died as Rogovich ran off.

Some time later, he stole a radio station’s van at gunpoint from a promotional appearance at a restaurant. He was later seen at a convenience store in Goodyear, where he stole beer and cash before “casually” walking out and driving off in the van.

Goodyear police spotted him about 5 p.m. and caught Rogovich after a “lengthy chase at speeds ranging from 50 to over 100 miles per hour.”

Rogovich admitted to all the crimes, including all four killings, but said he was upset by the breakup with his girlfriend and the death of his stepfather six years earlier.

“Of course I’m sorry. It was wrong,” he said, according to the court. “I know it, but I just snapped. I was so angry. I just couldn’t stop.”

Despite his insanity defense he was convicted in 1994 of all charges: four murders, two aggravated assaults, two armed robberies and unlawful flight.

At his sentencing a year later, his attorneys presented evidence of an abusive childhood, mental illness and drug dependencies. But the court sentenced him to death for the trailer-park killings and life in prison for Manna’s death.

Stone said that Rogovich’s attorneys have not decided on the next step.

TEXAS – Texas death row inmate’s mental health questioned


FILE - This undated file photo provided by the Texas Department of Criminal Justice, shows Texas death row inmate Steven Staley. The outcome of legal wrangling about Staleyís mental health is likely to determine if the former laborer from Denver is put to death this week in Texas for a slaying almost a quarter-century ago in Fort Worth while he was an escapee from a Colorado halfway house. Photo: Texas Department Of Criminal Justice / AP Steven Staley

may 14, 2012 Source : http://www.nydailynews.com

Prosecutors argue Steven Staley is competent to be executed

HUNTSVILLE, Texas — The outcome of legal wrangling about condemned killer Steven Staley’s mental health is likely to determine if the former laborer is put to death this week in Texas for a slaying almost a quarter-century ago in Fort Worth.

Prosecutors contend he’s competent to be executed. His lawyer says Staley is severely mentally ill, suffering from paranoid schizophrenia, and has been observed catatonic or lying on the floor of his jail cell covered in urine.

Staley, 49, faces lethal injection Wednesday evening for the fatal shooting of a Steak and Ale restaurant manager who was taken hostage during a botched robbery in October 1989. The arrest of Staley and two accomplices after a wild 20-mile car and foot chase ended a series of robberies, assaults and at least one other killing as the trio wreaked havoc in Colorado, Kansas, Oklahoma and Texas.

In a written statement, Staley implicated himself in the slaying of 35-year-old Bob Read. And since he arrived on death row in 1991, his mental competence became an issue as his punishment neared.

Prosecutors say he’s legally competent, and state District Court Judge Wayne Salvant has ordered him to be medicated, by force if needed.

“If he was found not to be competent, the trial judge would just withdraw the (execution) date,” said Jim Gibson, an assistant district attorney in Tarrant County, where Staley was tried and convicted.

Staley also has been examined by psychologists, who determined the prisoner was competent.

“Everybody agrees he’s competent,” Gibson said. “… I think the issue is going to be why he’s competent.”

Staley’s lawyer, John Stickels, calls the competency artificial.

“The state has given him enough psychotropic drugs that the judge found he met the definition to be competent to be executed,” said Stickels, who is asking the courts to halt the execution. “The whole reason he’s been medicated is to make him competent to be executed.”

Staley’s previous attorney called him “too nuts to be executed” when the courts stopped a scheduled execution in 2005. And Stickles said Staley’s severe mental illness has existed for several years and has been exacerbated by the forced drug regimen Stickles argues was illegally ordered by Salvant.

If lower courts refuse to stay the execution, Stickles said he’ll take his case to the U.S. Supreme Court, which he said has not addressed the question of involuntary medication for the purposes of execution. When administered, the drugs leave Staley “with extreme sedation and zombie-like effects,” Stickles said in an appeal to the Texas Court of Criminal Appeals.

Read more: http://www.nydailynews.com/news/national/mental-health-texas-killer-death-row-questioned-article-1.1077770#ixzz1urc23mW2

Mental Illness and the Death Penalty


I choice to talk about mental illness and the death penalty,  because I think we do not talk enough of the people with mental illness who are executed,or in jail. Can a person with schizophrenia, she really belong in a jail, in the death row? that person would it not be better surrounded in a psychiatric hospital? I do not excuse the crimes they committed, but if these people had no psychological problems would they have committed these crimes? what percentage of those without mental illness have committed these same crimes ?
I read  different media, I have collected those who seemed the most interesting

Mental illness is defined as “Any of various conditions characterized by impairment of an individual’s normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma.”

  • Since 1983, over 60 people with mental illness or retardation have been executed in the United States.
  • It is conservatively estimated that 5-10% of death row inmates suffer from serious mental illness.
  • Research has shown that nearly all Death Row inmates suffer from brain damage due to illness or trauma, while a vast number have also experienced histories of severe physical and/or sexual abuse.
  • Mental illness is not only a problem on Death Row. In 1998, the Bureau of Justice Statistics estimated that 283,000 mentally ill individuals were incarcerated in U.S. jails and prisons.
  • Legislation has been passed barring the execution of juvenile or mentally retarded individuals. While it is unconstitutional to execute the insane, those suffering from other or lesser mental illnesses are insufficiently protected under the law.

Mental Illness and the Death Penalty
May 5, 2009  read the files

From Amnesty International

The execution of those with mental illness or “the insane” is clearly prohibited by international law. Virtually every country in the world prohibits the execution of people with mental illness.


Human Rights Watch. “Ill-Equipped: U.S. Prisons and Offenders with Mental Illness.” Sept. 2003.
Detailed report with unique sections dedicated to legal standards and policies, self-injurious behavior, inadequate mental health care in prisons, the effects of solitary segregation on mentally ill prisoners, mental illness in female prisoners, and coping difficulties of mentally ill inmates. Also includes case studies and recommendations to Congress, public officials, community leaders, prison staff, and the general public.

Other Articles

American Civil Liberties Union. “Mental Illness and the Death Penalty in the United States.” May 2009 Article explains shortcomings of current legislation, provides statistics, and includes numerous case summaries.
Amnesty International. “The Death Penalty Disregards Mental Illness.”Brief statement and fact sheet against executions of the mentally ill. Provides various excerpts of international resolutions, showing the United Nations’ increasingly grave and specific standpoint on the issue.
Amnesty International. “USA: New report on execution of mentally ill prisoners.” 31 Jan. 2006.An Amnesty U.K. article criticizing the United States’ exceptionally high rates of mentally ill executions and Death Row inmates as well as the inconsistency of new legislation banning executions of juveniles and the mentally retarded but not of the mentally ill. Includes a partial list of executed prisoners and descriptions of their particular conditions.
Drew, Kevin. “Executed mentally ill inmate heard voices until end.” CNN. 6 Jan. 2004.Article in response to the 2004 execution of paranoid schizophrenic Charles Singleton, whose competency was controversially restored by medication, thus rendering him eligible for execution.
Liptak, Adam. “State Can Make Inmate Sane Enough to Execute.” 11 Feb. 2003.Article discussing the federal appeals court ruling which allowed Arkansas to medicate Charles Singleton in order to make him eligible for execution. Questions the logic and ethics of whether the state can treat someone for the ultimate purpose of executing him.
Malone, Dan. “Cruel and Inhumane: Executing the Mentally Ill.” Amnesty Magazine. Fall 2005.Presents the argument that, in light of recent legislation barring executions of juvenile or mentally retarded inmates, similar policies must be applied to the mentally ill, at least in cases where the actions and thought-processes of a mentally ill defendant resemble those of a juvenile or one who is mentally retarded. Includes responses to arguments which claim that current laws are sufficient for protection of the mentally ill. Concludes that “A society that denies mental health care to those who need it the most and then subsequently executes them is cruel and inhumane at its very core.”
Mansnerus, Laura. “Damaged Brains and the Death Penalty.” New York Times. 21 July 2001.Notes an inverse relationship between the “grisliness” of a crime and the mental health of its perpetrator. Also cites research showing the frequency of head and brain trauma among Death Row inmates. Explains that many inmates minimize or deny their psychiatric conditions during trial, “figuring that it [is] better to be bad than crazy.”

Five Excellent Studies and Reports Regarding Mental Illness and the Death Penalty (2011)

1.  Double Tragedies: Victims Speak Out Against the Death Penalty For People with Severe Mental Illness (available for download; 37 pages) by the National Alliance on Mental Illness (NAMI) and Murder Victims’ Families for Human Rights;

2.  Position Statement of the Mental Health America;

3.  Mental Illness and the Death Penalty in North Carolina: a Diagnostic Approach (available for download; 78 pages) by the Charlotte Law School;

4. Mental Illness and the Death Penalty (available for download, 8 pages) by the American Civil Liberties Union; and

5. Task Force Report on Mental Disability and the Death Penalty (available for download, 13 pages), by multi-disciplined task force and published by the APA.

Case Summaries

Scott Panetti
Amnesty International. “‘Where is the compassion?’: The imminent execution of Scott Panetti, mentally ill offender.” 2004.
Larry Robison
Amnesty International. “Time for humanitarian intervention: The imminent execution of Larry Robison.” 1999.
Charles Singleton
Stone, Alan A., M.D. “Condemned Prisoner Treated and Executed.” Psychiatric Times. Mar. 2004.

Other Resources

Ford v. Wainwright, No. 477 U.S. 399 (1986)
Supreme Court case which banned executions of the insane. Though the legislation is progressive, it is criticized for being too superficial–for defining insanity too loosely, leaving determination up to each individual state, and in general being insufficiently applicable.
International Justice Project — Mental Illness
Page dedicated to the problem of mental illness on Death Row. Includes past and current case summaries as well as legislative briefs.
National Alliance on Mental Illness — By Illness
List of mental illnesses with links to further resources and information regarding each.