TX Death Sentence Overturned

According to The Daily News, Texas death row inmate Gaylon George Walbey has received a new sentencing hearing from the 5th Circuit Court of Appeals ("Death-row inmate could get new hearing," March 15, 2009). Here's the full article:

A convicted killer sentenced to die for the 1993 slaying of a college teacher will soon return to Galveston, where attorneys will decide whether to seek a new punishment hearing or permanently remove him from death row.

After 12 years lobbying the courts for his client Gaylon George Walbey Jr., defense attorney Brian Wice won a new punishment hearing in the U.S. Court of Appeals for the Fifth Circuit on grounds of ineffective assistance of counsel.

Meanwhile, the National Alliance on Mental Illness continues to lobby against states imposing death-sentences in cases against the mentally ill, a situation that is not unique to Texas, said Ron Honberg, the organization’s legal director.

Walbey, 34, who was diagnosed with schizophrenia as a child, repeatedly bludgeoned Marionette Beyah — his former foster mother and a Galveston College teacher — inside her island home May 4, 1993, authorities said.

No Supreme Court Review

With the assent of the state’s Office of Solicitor General and Galveston County Criminal District Attorney Kurt Sistrunk, Texas Attorney General Greg Abbott decided not to ask the U.S. Supreme Court to review the appeals court’s decision, said Thomas Kelley, a spokesman for Abbott.

Wice declined to discuss his negotiations with Sistrunk, but said Walbey, who is no longer under a death sentence, would likely return to Galveston soon where a decision on whether to impose a life sentence or hold a new punishment hearing would be forthcoming.

Roger Ezell — who now works for Sistrunk — failed to investigate “a cornucopia of mitigating circumstances about (Walbey’s) horrific upbringing and background that would have led at least one juror to reject a death sentence,” Wice said.

Prosecutors gave Ezell, who defended Walbey, a mass of mitigating material, such as medical records and records from juvenile court, school, child services and health and human services, Wice said.

The records “painted a portrait of Gaylon’s upbringing and background that even the conservative Fifth Circuit described as ‘nightmarish,’” Wice said.

Ezell said a federal judge and lower appellate court upheld the death sentence, but a state district court and federal magistrate ruled in Wice’s favor, ultimately leading to the higher appeals court’s ruling.

The U.S. Supreme Court has with previous death-penalty cases raised the question whether mentally ill defendants understand the nature of the death penalty enforced upon them, Honberg said.

Scott Louis Panetti was convicted of capital murder in Texas in the 1992 death of his in-laws, but the U.S. Supreme Court ordered a temporary halt to Panetti’s death sentence and remanded the case for further consideration, saying Panetti was sentenced to die despite a well-documented history of mental illness. Panetti remains on Texas’ death row.

‘Not Unique To Texas’

Panetti represented himself and subpoenaed for his trial Jesus, former President John F. Kennedy and Pope John Paul II, Honberg said.

“This is not unique to Texas,” Honberg said. “We’ve followed cases in Virginia, Georgia, Indiana and other states as well. There are four states, North Carolina, Tennessee, Indiana and Kentucky, that have legislation pending or are considering legislation to reduce the application of the death penalty where serious mental illness is involved.”

Brain disorders have a profound impact on a person’s comprehension of reality, Honberg said.

Walbey was diagnosed with schizophrenia at a very young age, although it doesn’t appear that he suffers from it now, Wice said.

Beyah’s Death Remembered

Sistrunk, who tried the case and argued for the death penalty, said he remembered the circumstances surrounding Beyah’s death as if it were yesterday. These cases stay with you, and your victims stay with you, too, Sistrunk said.

“I still remember arguing to the jury how Ms. Beyah was repeatedly beat over the head by the defendant with a fire extinguisher, and that not having killed her, she was then stabbed repeatedly with multiple knives,” Sistrunk said.

One of the knives broke off in Beyah’s back, Sistrunk said.

“The defendant then tried to cut her throat, and that not having killed her, the defendant began choking her with an electrical cord,” Sistrunk said. “Finally he just left her there on the floor of her home, breathing her last breath, as he stepped over her and dug in her purse for her car keys.”

Decision By August

The decision on whether to seek a new punishment hearing for Walbey or to impose a life sentence must be made by mid-August, Sistrunk said.

“We’ve begun our review of the evidence from the first trial and are still awaiting evidence that was offered by defendant’s counsel during the appellate process,” Sistrunk said. “We’ve also contacted the family of Ms. Beyah to begin some discussions on our options at this point.”

Sistrunk could remember only one Galveston County case, that of Santiago Varelas, where a death sentenced was reversed. The case was retried in 2002, and the decision was made not to pursue the death penalty. Varelas was found guilty again and sentenced to life in prison, Sistrunk said.

“Having been personally involved in it and remembering it all, the temptation is to make a quick decision to seek death,” Sistrunk said of Walbey’s case. “But there is no substitute for reviewing everything that is available to us now, and that is what we will be doing over the next few months.”

New Sentencing Hearing for Charles Mines

The Houston Chronicle/Associated Press reports that Charles Mines, who has been on death row since 1989, has received a new sentencing hearing ("Longtime Texas death row inmate wins new sentencing trial," February 27, 2008):

"A death row inmate who killed an 80-year-old woman with a claw hammer nearly two decades ago will get a new sentencing trial because jurors didn't properly consider mental illness when they decided he should be executed, an appeals court has ruled.

Charles Mines Jr., 58, was convicted of killing Vivian Moreno at her home in Waxahachie, south of Dallas. Frances Moreno, 57, one of the murdered woman's 13 children, also was severely beaten in the same attack in May 1988. A relative found the two women on the floor in a bedroom.

The 5th U.S. Circuit Court of Appeals said questions put to jurors considering whether Mines should live or die prevented them from considering his mental condition. The appeals court sent the case back to the state court for a new sentencing.

Evidence at his trial showed Mines had undergone a psychiatric evaluation at a state hospital a week before the slayings. He pleaded not guilty by reason of insanity to a capital murder charge for Vivian Moreno's death and attempted capital murder for her daughter's attack. He was tried on the charges after a state court hearing determined he was competent to stand trial.

A psychiatrist who examined Mines during a five-day observation period a week before the killing determined Mines was not mentally ill and should not be committed, but that he did have a mixed personality disorder with paranoia, passive-aggressive and anti-social features.

Mines' trial in Ellis County was held just weeks before another capital murder case involving Johnny Paul Penry, whose mental illness claims and subsequent appeals changed the way Texas juries are asked to decide mitigating issues in death penalty cases.

'Mines's claim is that because his jury instructions were virtually identical to the ones given in Penry's trial those instructions created the same situation that the Supreme Court found constitutionally unacceptable,' the New Orleans-based 5th Circuit said in its opinion posted late Tuesday.

Evidence showed Mines, a transient, stole food and jewelry from the Moreno home. He was arrested three days later when he was found camping not far from the home. He confessed after police identified his fingerprint on a window sill."
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Last summer, the Fifth Circuit Court similarly ordered a new sentencing hearing for Billie Wayne Coble. The Court ruled that the statute in effect in Texas at the time of Coble's conviction and death sentence (1990) had prevented the jury from fully considering the mitigating evidence presented by his trial attorneys regarding his post-traumatic stress and bipolar disorders. His hearing has been scheduled for August 2008 in McLennan County.

Fifth Circuit Remands Panetti Case

Today, August 15, 2007, the U.S. Fifth Circuit Court of Appeals remanded the case of Scott Panetti to the District Court for the Western District of Texas "for further proceedings consistent with the opinion of the Supreme Court." The Supreme Court had overturned the Fifth Circuit's decision to allow Panetti's execution to proceed, ruling that it had used “an improperly restrictive test” in determining that his severe delusions did not render him incompetent to be executed.

The U.S. 5th Circuit Court of Appeals, which considers cases from Texas, Louisiana, and Alabama, has never found a death row inmate incompetent for execution.

http://www.ca5.uscourts.gov/opinions/unpub/04/04-70045.0.wpd.pdf