Scott Panetti Fact Sheet:
Scott Panetti, 48, was sentenced to death for the 1992 murders of Amanda and Joe Alvarado, his former parents in-law. His case will be heard before the United States Supreme Court in April 2007 to decide if the Eighth Amendment permits the execution of a death row inmate who has a factual awareness of the reason for his execution, but who, because of severe mental illness, has a delusional belief as to why the State is executing him, and thus does not appreciate that his execution is intended to seek retribution for his capital crime.
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| The following are excerpts from Mr. Panetti's trial, where he was found competent to stand trial and allowed to represent himself. |
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| The prosecution expressed concern to the court about allowing Mr. Panetti to represent himself: |
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| "I don't think the State could agree to this, if that's an issue with the Court, but I did want to put that on record. We are concerned about protecting the Defendant's rights. I think they would be best served by leaving counsel in based on the record we have heard today." |
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| During a pretrial hearing, Mr. Panetti referred to himself as another one of his personalities: |
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COURT: Mr. Panetti, are you the same Scott Louis Panetti that is named in this indictment?
DEFENDANT: I don't know. I'm Will James.
COURT: And is your name spelled correctly?
DEFENDANT: Mr. Panetti is not here...
DEFENDANT: Thank you, Your Honor.
COURT: You're welcome, Mr. Panetti.
DEFENDANT: Will.
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| On September 12, 1995, the first day of the trial, Mr. Panetti expressed concerns about getting medication so that he would be able to think clearly: |
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| "I had problems with certain jurors that I couldn't think clearly enough to ask them a certain question and I declined to ask those questions." He requested medicine and to be allowed to see his psychiatrist so that he would "be prepared to cross-examine, to think clearly, to cross-examine witnesses clearly." Nevertheless, the judge denied Mr. Panetti's request for a continuance in order to be able to obtain the medication. |
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| Mr. Panetti's questioning of potential jurors: |
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COURT: Do you wish to use a strike, Mr. Panetti?
(At which time the defendant flipped a coin)
PANETTI: Strike him, Your Honor.
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| Mr. Panetti's statements to potential jurors: |
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| "...Maybe, now, to wind this up, acquit, innocence, yeah...as far as insanity talk, I can tell you what, I restore to
Sandy, would flat be wacko...The death penalty doesn't scare me, sure, but not much. Be killed, power line, when I was a kid.
I've got my injun [sic] beliefs as a shaman. I sent the buffalo horn to my sister. Adjustment, Jesus wrote...but I don't love injuns
and Mexicano and Mexicano know, but...I was named 'He Who Doesn't Cry' because I didn't cry when I should have, and I must admit,
though, in Gillespie County Jail when I was in my little suicide box where there was old boy committed suicide, I went through a
week of pretty much scuba diver's tears; although, I don't scuba." |
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| Mr. Panetti's testimony describing the murders: |
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| "Because the Lord ain't got nothing to do with what Sarge [the alter-ego that Scott believes committed the murders] did, and I'm not saying it was the Devil that got me, but I would say there was some demon spirits, and they did. They did cackle at me, and - but that's all been defeated by the blood of the lamb, and I did have the experience of - in my sleep." |
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| Mr. Panetti delivered an incoherent final argument during the guilt phase of trial: |
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| "The ability to reason correctly. Common sense, the common sense, the horse sense. This is Texas and we're not
talking loopholes and if we're talking - well, let's talk a lariat. Let's talk a catch rope..." |
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| The following are statements made by witnesses who watched the trial. |
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| Mr. Panetti's standby Counsel appointed by the court, Scott Monroe, was forced to sit back and watch this botched defense as it unfolded: |
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| "In my opinion, Scott was not competent to stand trial during the time I was the standby Counsel… Scott was not competent to represent himself. Scott did not have a factual and a rational understanding of the capital murder proceedings. Scott was not able to assist me and I was not able to assist him due to his mental illness." |
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| Dr. F.E. Seale, who treated Mr. Panetti at Starlite Village Hospital in Center Point, TX in 1986, commented on witnessing the trial: |
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| "My main impression was why was the Judge allowing this crazy man to defend himself. I thought to myself, 'My God. How in the world can our legal system allow an insane man to defend himself? How can this be just?' I not only thought that Scott was incompetent, but that it was not moral to have him stand trial. It was terribly wrong. I did not know that our legal system would allow an insane man to represent himself in his own trial." |
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| Jessica McBride, then a police reporter for the Milwaukee Journal Sentinel, said the following about her efforts to convince Mr. Panetti to allow an attorney to represent him: |
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| "We tried to talk to Scott to talk him out of self-representation...I told him that juries don't take to people who represent themselves. No matter what I told Scott, it did not sink in. He would veer of on tangents to religion or something. I do remember that Scott said that the attorneys were part of a big conspiracy to get him...The trial was a joke. It was a big fiasco. The judge did nothing to rein in Scott." |
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| Mr. Panetti's youngest sister, Victoria Panetti, was named by him as his "legal assistant." Ms. Panetti commented on her brother's bizarre behaviors before and during trial: |
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Describing calls from Mr. Panetti before the trial:
"Scott got more and more suspicious until he thought that his attorneys were part of some corruption. He got to the point where he was convinced that his attorneys were out to get him. He told me that there was a big conspiracy to get him. He somehow thought that the DA, the Judge, and the attorneys were all together against him...Scott yelled at me when I told [him] he was too sick to be his own lawyer."
On Mr. Panetti in court:
"Scott wore some special cowboy outfit from the old west. His dress was so inappropriate and costume like. Scott was narcissistic to a flaw. This was his day in the sun as his own attorney. It was sad and foolish. When he asked questions they often did not make sense. He did not ask relevant questions. It was obvious to me that he did not understand the capital murder proceeding." |
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| Experts have discussed Mr. Panetti's competency: |
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| Dr. Mark D. Cunningham, Board Certified Forensic Psychologist testified: |
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| "Mr. Panetti attributed the primary reason for his execution to the efforts of these evil forces to prevent him from continuing to preach the gospel...[He] expressed the belief that God may render him invulnerable to lethal injection so that he may go on preaching the gospel." |
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| David R. Dow, J.D., professor at the University of Houston Law Center remarked: |
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| "In more than fifteen years of representing death row inmates, I do not believe I have met anyone who is as obviously and as deeply mentally disturbed as Mr. Panetti clearly is." |
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| Dr. Mary Alice Conroy, a forensic psychologist, testified: |
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"His understanding of why he is to be executed is a part of spiritual warfare, and that spiritual warfare is war between the demons and the forces of the darkness, and God and the angels and the forces of light."
Dr. Conroy testified that, although Mr. Panetti can at times answer concrete questions, he does not "perceive or appreciate the connection between his killing of his in-laws and his execution." |
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| Prior to the murders, Mr. Panetti was hospitalized more than a dozen times in psychiatric institutions: |
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| January - March 1981: Kerrville State Hospital (TX) |
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Mary Lou Shelton, PhD, staff psychologist, noted in Mr. Panetti's chart:
Patient hostile. Some grandiose ideation. Very suspicious. Some vague paranoid ideation. Patient very irritable, impaired attention and incoordination. Poor judgment. Very impulsive. |
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| November 1985: Methodist Hospital (TX) |
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| April 1986: Starlite Village Hospital (TX) |
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Mr. Panetti's records contain the following notes:
Patient stated he needed to be there because he thought it was vital for his family, and he thought he would die. He cannot be responsible for his action since judgment is impaired and should be in hospital. Mental state required a protective environment. Delusional.
Diagnosis: Axis I Schizophrenia, undifferentiated chronic with acute exacerbation.
Condition on Discharge: Still psychotic and needs further care.
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| May 1986: Kerville State Hospital (TX) |
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| Mr. Panetti went to Kerrville State Hospital on emergency commitment with a diagnosis of schizophrenic disorder. |
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| May 1986: Waco Veterans Hospital (TX) |
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Mr. Panetti arrived at the hospital on a temporary commitment from Kerr County, Texas.
Records report, "veteran was agitated and violent, threatened wife and children," and indicated that his first wife wanted him out of the county until he was stabilized. The Veterans Hospital diagnosed Mr. Panetti with Schizophrenia, undifferentiated type, with chronic acute exacerbations. |
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| July/August 1986: Tomah Veterans Hospital (WI) |
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Mr. Panetti was admitted to the Tomah Veterans Hospital after he moved to be with his family in Wisconsin. His chart notes indicate the following:
Says he hears voices. Has somewhat strange, mask-like stare. Readily admits that he was hearing the voice of the devil earlier…denies that the voices tell him to harm himself or others. |
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| August 1986: Cumberland Memorial Hospital (WI) |
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| Mr. Panetti was admitted to the Cumberland Memorial Hospital for major depression with suicidal ideation. The psychiatric records indicate that he seemed to be on the edge of having a possible psychotic break. |
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| September 1986: Northern Pines Unified Service Center (WI) |
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| Cumberland Memorial Hospital transferred him to the Service Center for follow-up care. |
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| October 1986: Starlite Village Hospital (TX) |
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Mr. Panetti was admitted for an acute exacerbation of underlying chronic undifferentiated schizophrenia. Medical records contain the following:
Patient is mentally ill, in fact psychotic, and most likely has been for years.
Unfortunately, Mr. Panetti's insurance refused to pay for his ongoing treatment and he had to be transferred out of Starlite Village. |
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| November 1986: Kerrville Veterans Hospital (TX) |
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| The Veterans Hospital diagnosed Mr. Panetti with Schizoaffective Disorder. |
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| August 1990: Kerrville State Hospital (TX) |
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Mr. Panetti arrived again at the State Hospital following an order for emergency apprehension and detention. The application for detention contained the following:
"I have reason to believe, and do believe, that the proposed patient, evidences substantial risk of serious harm to self or others which risk of harm is more specifically described as: "swinging his sword around the house with me, his wife and baby Amanda."
Proposed patient began using the name "Sgt. Iron Horse."
The State Hospital medical records state:
Patient believes there is a plot against him in Fredericksburg.
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| July 1991: VA Medical Center - Kerrville (TX) |
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| August 18, 1992: Kerrville Veterans Hospital (TX) |
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| September 8, 1992: Kerrville Veterans Hospital (TX) |
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Mr. Panetti was taken to the Veterans Hospital after he surrendered to police. The hospital's records indicate the following:
When asked about motive for murders, he said "No motive." "No premeditation." "I didn't want to hurt anybody…I was not in a rage."
Asked why armed himself at 4:00am the morning of the murder, responded "because if you are armed you are safe."
Why he surrendered to the SWAT team - "I was not going to act like a Rambo…the Lord told me not to kill anymore."
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| Click here for more information about Scott Pannetti's case. |
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