James Abernathy, 43, was convicted in June of felony animal cruelty for killing the dog, which he had named Marie, after a fight with his girlfriend. "The community is much safer after the judge's ruling," said
California Deputy District-Attorney, Heather Brown.
Defence lawyers claimed Abernathy suffered from schizophrenia. But the judge ruled he was "sane" when he committed the crime.
MEANWHILE ....
U.S. District Federal Judge Sam Sparks, ruled last week that Scott Panetti, 46, a diagnosed schizophrenic and manic-depressive, is "sane" to be executed.
Panetti was first diagnosed with schizophrenia and bipolar disorder in 1981. He had a long history of serious mental illness and had been hospitalised in numerous psychiatric facilities a dozen times before he shot his parents-in-law to death in 1992. Prison records show that Panetti was evaluated in late 1992 and prescribed anti-psychotic and anti-depressive medication for his mental illness.
Schizophrenia is a serious mental illness where symptoms can include hallucinations, delusions, confused thinking, and altered senses, emotions or behaviour. Bipolar disorder (also known as manic-depressive illness) is a disorder of the brain resulting in episodes of mania and depression. There is ample evidence suggesting that Panetti was psychotic at the time of the crime.
However, in 1994, Panetti was found "competent" to stand trial. In 1995, the case went to trial. Panetti waived his right to state-appointed counsel and was allowed to represent himself. He wore a purple cowboy outfit at the trial.
Dressed in a costume like an old TV western, including cowboy hat, a huge bandana, trousers tucked into his cowboy boots, and cowboy shirt, Panetti wanted to subpoena Jesus Christ, JFK and other people who had long-ago died.
People who attended the trial, including lawyers, doctors, psychologists, the media, his relatives and members of the public, described the trial as a "circus".
Nonetheless, Panetti was found guilty of first-degree murder and sentenced to death.
Psychiatrist Michael R. Arambula, who evaluated Panetti in 1997 for his appeals, concluded that Panetti suffers from schizoaffective disorder - a combination of schizophrenia and manic depression (bipolar disorder). The psychiatrist further concluded that Panetti had not been competent to stand trial.
The State of Texas has fought for the death sentence every step of the way, maintaining the position that mental illness does not necessarily equate to incompetence, either to stand trial or in self-representation. So far, the state has been successful. Panetti's conviction and death sentence have survived the appeals process. In 2003, the U.S. Supreme Court announced that it was refusing to consider Panetti's case. Lower courts have found that there was enough evidence that Panetti was competent to stand trial.
The law truly is an ASS!
By ACADP posted 12 October 04
AUSTRALIAN COALITION AGAINST DEATH PENALTY © ACADP Incorporated
'The Premier Australian Internet Resource on Capital Punishment'
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Here come de Judge - Time to Leave [266]
There have always been examples of rulings and interpretations that have supported the saying "The law is an ass". This is increasingly the case, because even the best intentioned judges are now facing an avalanche of new technologies and social change. But, it is no good making excuses for the judiciary and continuing to accept their strange interpretations. We must recognise that not only judges but the whole legal system will struggle more and more. In the end the whole system will become a farce. This is the way empires end.
