According to The Tennessean, Paul Dennis Reid may have his competency re-evaluated. Additionally, a petition has been filed with the Davidson County Criminal Court alleging that Reid had ineffective assistance of counsel during his trial for the murder of two restaurant workers. ("Lawyer says Reid is delusional", March 17, 2009). Here is the full article:
The attorney representing convicted killer Paul Dennis Reid is convinced the death row inmate is delusional.
During a post-conviction hearing in Davidson County Criminal Court, attorney Kelly Gleason asked that Reid's mental competency be re-evaluated.
"He thinks he's getting out of jail on June 1," Gleason said. "He thinks I'm an actress, not an attorney, and he's requested that I take him shopping at the Oak Ridge Mall for clothes, shoes and other hygiene products he might need once he gets out."
Reid was convicted of killing seven people at fast-food restaurants in Nashville and Clarksville in 1997.
Gleason, an assistant post-conviction defender, has represented Reid since August 2004 and maintains that he has never been competent.
"He was found in federal court to be incompetent," she said. "The state is choosing to ignore it."
But Davidson County Deputy District Attorney Tom Thurman argued that Reid had been evaluated numerous times and was found competent. The most recent competency hearing was held in May 2008. At the time, Davidson County Criminal Court Judge Cheryl Blackburn ruled that there wasn't enough evidence to show Reid was incompetent and that he should decide the course of his appeals.
In the courtroom Monday, both the defense and the prosecution declined to call witnesses for the post-conviction hearing, which centered on a petition filed by Reid in April 2003. In the case of the deaths of two workers at a Captain D's restaurant in Donelson, the petition argues that Reid had ineffective assistance of counsel.
Reid claimed to believe that he was under surveillance by secret government agencies and that his trial lawyers should have found the tapes that would prove his innocence.
He also claimed that his trial was not fair because the judge, the jury and all of the witnesses were scripted by the government to cause his death, the petition said.
Judge To Issue Ruling
Blackburn is expected to issue a written judgment in the Captain D's post-conviction petition within the next few months.
Gleason says if the petition is dismissed, she will appeal the decision.
Reid, dressed in a white Tennessee Department of Correction uniform and shackled at the wrists and ankles, sat quietly during the hearing. When it was over, Reid smiled and waved to several people before leaving the courtroom.
Since his conviction, Reid's execution has been stayed several times, most recently in 2006 when a federal judge intervened. The U.S. Supreme Court refused to lift the stay.
He is facing seven death sentences for killing seven people and injuring another in a 1997 crime spree in Middle Tennessee. He killed three people at a Nashville McDonald's, two at the Captain D's in Donelson and two store clerks at a Baskin-Robbins in Clarksville.
Showing posts with label Tennessee. Show all posts
Showing posts with label Tennessee. Show all posts
Wednesday, March 18, 2009
Tuesday, October 21, 2008
OpEd: Mental illness must be in consideration
Here's an OpEd from George Haley, a mental health advocate in Tennessee, in which he offers his perspective as to why the death penalty is inappropriate for offenders with severe mental illness. This appeared on October 16, 2008 in The Tennessean: http://www.tennessean.com/apps/pbcs.dll/article?AID=/20081016/OPINION01/810160338/1008.
In 2007, the Tennessee General Assembly created a committee to examine Tennessee's death penalty system for fairness and accuracy. The committee will conclude its work in December 2008, issuing its recommendations to the legislature in January 2009.
Thus far, the committee has highlighted a number of serious problems, including the lack of adequate defense services for those charged with capital murder, the failure to collect and analyze critical information about death penalty trials and appeals, the lack of accurate information concerning the cost of the death penalty to taxpayers, as well as the number of inmates with severe mental illness on Tennessee's death row.
In 2002, the U.S. Supreme Court in the Atkins v. Virginia decision held that it is a violation of the Eighth Amendment's ban on cruel and unusual punishment to execute defendants with mental retardation. In making this decision the court determined that the disabilities of those with mental retardation "do not warrant an exemption from criminal sanctions, but diminish their personal culpability." Tennessee was one of 18 states that had already banned the death sentence for those with mental retardation prior to the Supreme Court decision.
Mentally ill not culpable
Currently, defendants diagnosed with severe mental illness are still eligible for the death penalty in Tennessee, even though the most severely mentally ill- those suffering from delusions, hallucinations, or significant disruptions of consciousness - are no more culpable than those with mental retardation. Though mental illness is a significant problem in our nation's prisons, only a small percentage of death row inmates suffered from the most severe mental illness at the time their crimes were committed.
Exempting the most seriously ill inmates from the death penalty does not exempt them from other penalties, such as life without parole or a life sentence. But, such an exemption does allow for a quicker resolution for victims' families while reducing the costs of lengthy appeals and providing a more humane approach toward those who are most ill.
In Tennessee, Richard Taylor was convicted and sentenced to death for the 1981 murder of a correctional officer - a crime committed only after prison officials stopped giving Taylor his anti-psychotic medication.
Over the next 20 years, Taylor stood trial twice despite his severe mental illness. Finally, in March 2008, Taylor's sentence was reversed by a Tennessee appeals court after he agreed to a life sentence in exchange for pleading guilty. Imagine the years of suffering for the victim's family and costs that could have been avoided if Taylor was ineligible for a death sentence and instead received a life sentence from the start. The state spent millions of dollars to seek death for a man who ultimately received a life sentence anyway. Regardless of one's feelings about the death penalty, Tennessee cannot afford to allow the execution of those with severe mental illness when less costly alternatives are available.
George Haley has served as president of NAMI-TN; chairman of the board oftrustees of Middle Tennessee Mental Health Institute; chairman of the board ofdirectors of Park Center, a psycho-social rehabilitation center; and a memberof the Board of the Tennessee Health Care Campaign.
In 2007, the Tennessee General Assembly created a committee to examine Tennessee's death penalty system for fairness and accuracy. The committee will conclude its work in December 2008, issuing its recommendations to the legislature in January 2009.
Thus far, the committee has highlighted a number of serious problems, including the lack of adequate defense services for those charged with capital murder, the failure to collect and analyze critical information about death penalty trials and appeals, the lack of accurate information concerning the cost of the death penalty to taxpayers, as well as the number of inmates with severe mental illness on Tennessee's death row.
In 2002, the U.S. Supreme Court in the Atkins v. Virginia decision held that it is a violation of the Eighth Amendment's ban on cruel and unusual punishment to execute defendants with mental retardation. In making this decision the court determined that the disabilities of those with mental retardation "do not warrant an exemption from criminal sanctions, but diminish their personal culpability." Tennessee was one of 18 states that had already banned the death sentence for those with mental retardation prior to the Supreme Court decision.
Mentally ill not culpable
Currently, defendants diagnosed with severe mental illness are still eligible for the death penalty in Tennessee, even though the most severely mentally ill- those suffering from delusions, hallucinations, or significant disruptions of consciousness - are no more culpable than those with mental retardation. Though mental illness is a significant problem in our nation's prisons, only a small percentage of death row inmates suffered from the most severe mental illness at the time their crimes were committed.
Exempting the most seriously ill inmates from the death penalty does not exempt them from other penalties, such as life without parole or a life sentence. But, such an exemption does allow for a quicker resolution for victims' families while reducing the costs of lengthy appeals and providing a more humane approach toward those who are most ill.
In Tennessee, Richard Taylor was convicted and sentenced to death for the 1981 murder of a correctional officer - a crime committed only after prison officials stopped giving Taylor his anti-psychotic medication.
Over the next 20 years, Taylor stood trial twice despite his severe mental illness. Finally, in March 2008, Taylor's sentence was reversed by a Tennessee appeals court after he agreed to a life sentence in exchange for pleading guilty. Imagine the years of suffering for the victim's family and costs that could have been avoided if Taylor was ineligible for a death sentence and instead received a life sentence from the start. The state spent millions of dollars to seek death for a man who ultimately received a life sentence anyway. Regardless of one's feelings about the death penalty, Tennessee cannot afford to allow the execution of those with severe mental illness when less costly alternatives are available.
George Haley has served as president of NAMI-TN; chairman of the board oftrustees of Middle Tennessee Mental Health Institute; chairman of the board ofdirectors of Park Center, a psycho-social rehabilitation center; and a memberof the Board of the Tennessee Health Care Campaign.
Tuesday, June 3, 2008
TN Death Row Inmate Receives Life Sentence
The ACLU Capital Punishment Project reports that Tennessee death row inmate Richard Taylor has received a life sentence, in exchange for pleading guilty to the crime for which he was sentenced to death in 1981. Taylor has a long, documented history of severe mental illness; according to the ACLU, he has been denied psychiatric treatment at various times during his incarceration and was not receiving his anti-psychotic medication at the time of the crime.
Here's the press release from the ACLU:
Mentally Ill Man Receives Life Sentence After 18 Years On Tennessee Death Row (6/3/2008)
Deal Comes Two Months After Death Sentence Reversed By Appeals Court
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2582 or 2666; media@aclu.org
NASHVILLE — A severely mentally ill man who spent 18 years on death row and whose conviction and death sentence were reversed by a Tennessee appeals court in March was sentenced to life imprisonment today. Richard Taylor, twice forced to stand trial despite his severe mental illness, agreed to the sentence in exchange for pleading guilty to the 1981 murder of a Tennessee prison guard — a crime committed only after prison officials stopped giving Taylor his anti-psychotic medication.
Taylor is represented by the American Civil Liberties Union and Kelly Gleason, an attorney with the Office of the Tennessee Post-Conviction Defender.
"Richard Taylor’s case highlights the fundamental unfairness of capital prosecutions of mentally ill defendants," said Cassandra Stubbs, staff attorney with the ACLU Capital Punishment Project. "Taylor's mental illness infected every step of the case, from the offense through trial. We are extremely pleased that he will not be executed."
Taylor, then 21, was serving a sentence for joy-riding and robbery convictions in 1981 when he attacked a prison guard at the Turney Center correctional facility in Only, Tennessee. Despite the fact that authorities considered him mentally ill and despite the fact that he had previously tried to kill himself by swallowing glass, prison officials stopped giving Taylor his anti-psychotic medication two months before his attack on guard Ronald Moore.
Witnesses of Moore’s stabbing described Taylor at the time as raving, trembling and shaking, with wild eyes and an expression on his face like a wild horse.
"The fact that Richard Taylor was then — and is now — severely mentally ill, at a minimum means that he was not able to fully appreciate his actions," said Stubbs. "Although the death penalty is never an acceptable sentence, even proponents concede it should be used only for the worst of the worst. Surely, individuals like Richard Taylor, who are severely mentally ill, fall outside of that category."
Taylor, convicted and sentenced to death, sat in solitary confinement on Tennessee’s death row between 1984 and 2000, during which time he received no psychiatric services and was tortured by prison guards who beat, starved and taunted him, deliberately trying to make his mental illness worse.
"The treatment of Richard Taylor — including the physical and psychological abuse by guards and the withholding of psychiatric services by the prison — is unconscionable," said Stubbs. "I hope that in the future the Tennessee Department of Corrections will honor its responsibility to provide the psychiatric care for Richard Taylor that he needs."
Taylor was granted a new trial in 2003, but despite continuing to make bizarre and delusional statements, he was allowed to face his two-day capital trial alone — representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness.
"Unfortunately, it is all too common for severely mentally ill defendants who suffer grandeur delusions to fire their lawyers and represent themselves at trial, believing that they will out perform their lawyers," said Stubbs. "Richard, like other defendants who fall into this tragic category, was trapped by his own delusions and was incapable of presenting a defense or introduce the very evidence necessary to save his life."
The ACLU’s numerous legal challenges to the 2003 trial and the proceedings leading up to it, including to the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself, were upheld in March when the Tennessee Court of Criminal Appeals reversed his conviction and death sentence.
Additional information about Taylor’s case can be found online at: www.aclu.org/capital/mentalillness/30356res20070717.html
***
An earlier post on Taylor is available here.
Here's the press release from the ACLU:
Mentally Ill Man Receives Life Sentence After 18 Years On Tennessee Death Row (6/3/2008)
Deal Comes Two Months After Death Sentence Reversed By Appeals Court
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2582 or 2666; media@aclu.org
NASHVILLE — A severely mentally ill man who spent 18 years on death row and whose conviction and death sentence were reversed by a Tennessee appeals court in March was sentenced to life imprisonment today. Richard Taylor, twice forced to stand trial despite his severe mental illness, agreed to the sentence in exchange for pleading guilty to the 1981 murder of a Tennessee prison guard — a crime committed only after prison officials stopped giving Taylor his anti-psychotic medication.
Taylor is represented by the American Civil Liberties Union and Kelly Gleason, an attorney with the Office of the Tennessee Post-Conviction Defender.
"Richard Taylor’s case highlights the fundamental unfairness of capital prosecutions of mentally ill defendants," said Cassandra Stubbs, staff attorney with the ACLU Capital Punishment Project. "Taylor's mental illness infected every step of the case, from the offense through trial. We are extremely pleased that he will not be executed."
Taylor, then 21, was serving a sentence for joy-riding and robbery convictions in 1981 when he attacked a prison guard at the Turney Center correctional facility in Only, Tennessee. Despite the fact that authorities considered him mentally ill and despite the fact that he had previously tried to kill himself by swallowing glass, prison officials stopped giving Taylor his anti-psychotic medication two months before his attack on guard Ronald Moore.
Witnesses of Moore’s stabbing described Taylor at the time as raving, trembling and shaking, with wild eyes and an expression on his face like a wild horse.
"The fact that Richard Taylor was then — and is now — severely mentally ill, at a minimum means that he was not able to fully appreciate his actions," said Stubbs. "Although the death penalty is never an acceptable sentence, even proponents concede it should be used only for the worst of the worst. Surely, individuals like Richard Taylor, who are severely mentally ill, fall outside of that category."
Taylor, convicted and sentenced to death, sat in solitary confinement on Tennessee’s death row between 1984 and 2000, during which time he received no psychiatric services and was tortured by prison guards who beat, starved and taunted him, deliberately trying to make his mental illness worse.
"The treatment of Richard Taylor — including the physical and psychological abuse by guards and the withholding of psychiatric services by the prison — is unconscionable," said Stubbs. "I hope that in the future the Tennessee Department of Corrections will honor its responsibility to provide the psychiatric care for Richard Taylor that he needs."
Taylor was granted a new trial in 2003, but despite continuing to make bizarre and delusional statements, he was allowed to face his two-day capital trial alone — representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness.
"Unfortunately, it is all too common for severely mentally ill defendants who suffer grandeur delusions to fire their lawyers and represent themselves at trial, believing that they will out perform their lawyers," said Stubbs. "Richard, like other defendants who fall into this tragic category, was trapped by his own delusions and was incapable of presenting a defense or introduce the very evidence necessary to save his life."
The ACLU’s numerous legal challenges to the 2003 trial and the proceedings leading up to it, including to the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself, were upheld in March when the Tennessee Court of Criminal Appeals reversed his conviction and death sentence.
Additional information about Taylor’s case can be found online at: www.aclu.org/capital/mentalillness/30356res20070717.html
***
An earlier post on Taylor is available here.
Monday, March 17, 2008
TN Death Row Inmate Receives New Trial
On March 7, 2008, the Tennessee Court of Criminal Appeals reversed the conviction and death sentence of Richard Taylor. The court's ruling grants Taylor a new trial due to a variety of constitutional errors at his original trial. These errors include the denial of his constitutional right to counsel at a pre-trial competency hearing, the failure of the trial court to hold a competency hearing during the trial, and the failure of the trial court to appoint advisory counsel. Taylor, who is severely mentally ill, was permitted to represent himself at trial, despite significant questions about his competency. [Source: Death Penalty Information Center]
The American Civil Liberties Union (ACLU) has represented Taylor in the appeal of his conviction. Here are excerpts from the ACLU's press release:
"In 2003, Taylor, who was schizophrenic, delusional and heavily sedated by forced medication, faced his two-day capital trial alone – representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness." ...
"The ACLU mounted numerous legal challenges to the trial and proceedings leading up to it, including the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself.
During a pre-trial hearing in which Taylor testified about why he should be allowed to represent himself, for example, Taylor made comments suggesting he believed he had previously died and come back to life, and that he alone was equipped to handle his capital trial. The appeals court faulted the trial court for concluding that Taylor knowingly and intelligently waived counsel when it accepted these statements without further questioning." ...
"Finally, the Court of Criminal Appeals concluded that Taylor’s death sentence was imposed in an arbitrary manner given the fact that the jury was not instructed to consider the evidence of mental disease or defect at the penalty phase of his trial."
Read the ACLU press release in its entirety: http://www.aclu.org/capital/general/34424prs20080311.html
Read an earlier post on the Taylor case.
Additional information about this case, including a copy of the Tennessee Court of Criminal Appeals ruling can be found online at: www.aclu.org/capital/mentalillness/30356res20070705.html.
The American Civil Liberties Union (ACLU) has represented Taylor in the appeal of his conviction. Here are excerpts from the ACLU's press release:
"In 2003, Taylor, who was schizophrenic, delusional and heavily sedated by forced medication, faced his two-day capital trial alone – representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness." ...
"The ACLU mounted numerous legal challenges to the trial and proceedings leading up to it, including the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself.
During a pre-trial hearing in which Taylor testified about why he should be allowed to represent himself, for example, Taylor made comments suggesting he believed he had previously died and come back to life, and that he alone was equipped to handle his capital trial. The appeals court faulted the trial court for concluding that Taylor knowingly and intelligently waived counsel when it accepted these statements without further questioning." ...
"Finally, the Court of Criminal Appeals concluded that Taylor’s death sentence was imposed in an arbitrary manner given the fact that the jury was not instructed to consider the evidence of mental disease or defect at the penalty phase of his trial."
Read the ACLU press release in its entirety: http://www.aclu.org/capital/general/34424prs20080311.html
Read an earlier post on the Taylor case.
Additional information about this case, including a copy of the Tennessee Court of Criminal Appeals ruling can be found online at: www.aclu.org/capital/mentalillness/30356res20070705.html.
Monday, November 12, 2007
"60 Minutes" Segment on Mentally Ill Inmate in Tennessee
Last night, the CBS News program "60 Minutes" featured an interview with Gregory Thompson, a severely mentally ill man who has been on death row in Tennessee for more than 20 years. His lawyers did not raise evidence of his mental illness during his trial. Thompson had an execution date in 2006, but a federal appeals court ruled that a lower court should examine evidence that Thompson was mentally ill at the time of the crime. Later, the Supreme Court narrowly overruled the decision, saying it was too late to raise that issue.
According to CBS, "Thompson's lawyers are going back to federal court this month and hope to get a ruling that Thompson -- despite his medication -- is mentally incompetent and should not be executed. The Tennessee attorney general, who declined 60 Minutes' request for an interview, is expected to argue that Thompson understands why he is being punished, is not insane and,therefore, should be executed."
Here's more from CBS News:
"Thompson voluntarily takes a cocktail of 10 pills daily, plus two injections a month, and says he would "go lulu" without them. Episodes off the medications include attempting to kill guards he says appeared to be insects and aliens. But even on the medicine, he is delusional, says one of his lawyers, Dana Chavis. '[Medicine] doesn't take away his mental illness. He's always insane... but it hides that insanity,' says Chavis.
[Reporter Laura] Logan spoke with him in prison while he was on his medication, asking him if he's aware the medication increases his chances of being executed. "I made a choice years ago that if I were to get to that point, I'd rather be normal than insane," he says, "because it hurts. I'm tired of being mentally ill ...so if they want to kill me at the end, then they kill me at the end." Asked what would happen if he is executed, Thompson replies, "Well, I know that the dead can speak."
When asked if he would die, Thompson says, "I think it would be a horrible ending, because if the dead can speak ... you got thoughts going on in the grave. I don't know about that," he tells Logan.
Thompson also claims he received a check for $444,000 for writing songs for country western stars and gave it to his victim's family."
Video footage is available at: http://www.cbsnews.com/stories/2007/11/09/60minutes/main3481145.shtml
According to CBS, "Thompson's lawyers are going back to federal court this month and hope to get a ruling that Thompson -- despite his medication -- is mentally incompetent and should not be executed. The Tennessee attorney general, who declined 60 Minutes' request for an interview, is expected to argue that Thompson understands why he is being punished, is not insane and,therefore, should be executed."
Here's more from CBS News:
"Thompson voluntarily takes a cocktail of 10 pills daily, plus two injections a month, and says he would "go lulu" without them. Episodes off the medications include attempting to kill guards he says appeared to be insects and aliens. But even on the medicine, he is delusional, says one of his lawyers, Dana Chavis. '[Medicine] doesn't take away his mental illness. He's always insane... but it hides that insanity,' says Chavis.
[Reporter Laura] Logan spoke with him in prison while he was on his medication, asking him if he's aware the medication increases his chances of being executed. "I made a choice years ago that if I were to get to that point, I'd rather be normal than insane," he says, "because it hurts. I'm tired of being mentally ill ...so if they want to kill me at the end, then they kill me at the end." Asked what would happen if he is executed, Thompson replies, "Well, I know that the dead can speak."
When asked if he would die, Thompson says, "I think it would be a horrible ending, because if the dead can speak ... you got thoughts going on in the grave. I don't know about that," he tells Logan.
Thompson also claims he received a check for $444,000 for writing songs for country western stars and gave it to his victim's family."
Video footage is available at: http://www.cbsnews.com/stories/2007/11/09/60minutes/main3481145.shtml
Tuesday, July 17, 2007
ACLU Urges Tennessee Appeals Court to Reverse Death Sentence of Mentally Ill Man
ACLU Urges Tennessee Appeals Court to Reverse Death Sentence of Mentally Ill Man (7/17/2007)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
NASHVILLE - The American Civil Liberties Union and the Office of the Tennessee Post-Conviction Defender today urged the Tennessee Court of Criminal Appeals to reverse the conviction and death sentence of Richard Taylor, who is severely mentally ill.
“Richard Taylor’s trial was fraught with error and injustice,” said Cassandra Stubbs, the attorney with the ACLU’s Capital Punishment Project who is representing Taylor on the appeal. “Our client was not competent to stand trial and was denied several fundamental rights. We hope the Court of Criminal Appeals will do the just and humane thing and right this grave wrong.”
In 2003, Taylor, who was schizophrenic, delusional and heavily sedated by forced medication, faced his two-day capital trial alone – representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness.
Taylor’s appeal raises numerous legal challenges to the trial and proceedings leading up to it, including the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself, said the ACLU. In addition, the appeal challenges the trial judge’s failure to question Taylor adequately about whether he wanted to waive his right to have the jury consider mitigating circumstances in his life, the judge's failure to appoint standby counsel, and the judge's ruling that Taylor could be forcibly medicated at trial.
Richard Taylor is represented on appeal by the ACLU’s Stubbs and Kelly Gleason of the Office of the Tennessee Post-Conviction Defender.
The ACLU’s appellate brief and more information about the case can be found online at:www.aclu.org/capital/mentalillness/30356res20070705.html
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
NASHVILLE - The American Civil Liberties Union and the Office of the Tennessee Post-Conviction Defender today urged the Tennessee Court of Criminal Appeals to reverse the conviction and death sentence of Richard Taylor, who is severely mentally ill.
“Richard Taylor’s trial was fraught with error and injustice,” said Cassandra Stubbs, the attorney with the ACLU’s Capital Punishment Project who is representing Taylor on the appeal. “Our client was not competent to stand trial and was denied several fundamental rights. We hope the Court of Criminal Appeals will do the just and humane thing and right this grave wrong.”
In 2003, Taylor, who was schizophrenic, delusional and heavily sedated by forced medication, faced his two-day capital trial alone – representing himself without even standby counsel to help him. Wearing prison garb and sunglasses, Taylor called no witnesses, introduced no evidence, and presented no defense. The few cross-examination questions he posed during the guilt-innocence phase of his trial were delusional, and he was completely silent during the sentencing phase of the proceedings. The jury that sentenced Taylor to death was never presented with compelling evidence of Taylor's difficult childhood, suicide attempts, psychiatric hospitalizations or severe mental illness.
Taylor’s appeal raises numerous legal challenges to the trial and proceedings leading up to it, including the judge’s failure to hold a competency hearing during the trial when it was obvious that Taylor was incapable of standing trial and representing himself, said the ACLU. In addition, the appeal challenges the trial judge’s failure to question Taylor adequately about whether he wanted to waive his right to have the jury consider mitigating circumstances in his life, the judge's failure to appoint standby counsel, and the judge's ruling that Taylor could be forcibly medicated at trial.
Richard Taylor is represented on appeal by the ACLU’s Stubbs and Kelly Gleason of the Office of the Tennessee Post-Conviction Defender.
The ACLU’s appellate brief and more information about the case can be found online at:www.aclu.org/capital/mentalillness/30356res20070705.html
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