The Panetti execution

On Wednesday, Texas plans on executing a man named Scott Panetti. The underlying details of the capital murder in question have been delineated sufficiently previously, namely in an editorial I recently participated in for The Daily Texan, in which the editorial board not only argued for clemency in his case but for the abolition of the death penalty in general (something Texpatriate did last August). The basics are that Panetti, who murdered two people in the early 1990s, is severely mentally ill, to the extent that no reasonable medical professional could certify him as competent for execution under the standard set by the Supreme Court in the 2007 case of Panetti v. Quarterman.

And yet, perhaps unsurprisingly, Texas is soldiering on with the execution nonetheless. His attorneys, after reading about the tentative December 3rd execution date in the newspaper, quickly appealed up the ladder of the Texas appellate system. On Wednesday, the Court of Criminal Appeals (the highest criminal court in the state) ruled 5-4 against granting a stay of execution. The per curiam decision, however, did included the concurrence of the court’s lone ostensible Democrat, Judge Larry Meyers. As I noted in May, I’m not really a fan of Meyers, and there are plenty of Republicans on the court I like far more than him. They include Judge Elsa Alcaca, who wrote a blistering dissent, as well as Judge Tom Price, who wrote an individual opinion calling for the abolition of the death penalty.

Price, first elected in 1996, chose not to run for a fourth six-year term this year and will leave office in January. In his bombastic six page dissent, which you can find at this link, he explained in careful detail both his steadfast opposition to Panetti’s execution as well as to capital punishment altogether. One by one, Price dismantled the arguments for the death penalty, before chronicling his own personal journey. It is all eerily reminiscent of Justice Harry Blackmun’s big change of heart in the 1990s. Like Blackmun, Price will no longer “tinker with the machinery of death.” It’s a shame he won’t be on the court much longer, although it makes senses; no death penalty opponent could survive a statewide Republican primary.

Today, as the Texas Tribune reports, the Board of Pardons and Paroles voted unanimously to deny Panetti any type of commutation, clemency or reprieve. The only other state recourse would be one 30 day delay by Governor Rick Perry, which appears rather unlikely. Accordingly, Panetti’s lawyers have appealed the case to the US Supreme Court. Who knows what the Supreme Court will do, but the odds are placed squarely against Panetti in this instance.

This case, like most every other capital murder case, involves a totally reprehensible crime. Panetti brutally murdered two people. And while he is severely mentally ill, he is not so delusional that he literally does not understand the distinction between right and wrong. He understands, to some extent, that he erred in killing two innocent people.

All this is to say that I do not want him to spend any of his days as a free man. But the Supreme Court has held for many decades that a higher standard exists for capital punishment. And while I believe the barbaric punishment to be, in all cases, cruel and unusual, even tepid proponents should see that the execution of Panetti is wrong.

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