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Texas prepares to execute a mentally ill man while denying him access to a mental health test

Texas prepares to execute a mentally ill man while denying him access to a mental health test

Texas on the verge of execution Tracy Petty (pictured) after Supreme Court of the United States He refused to review his challenge to Texas Department of Criminal JusticeHis lawyers argue that his refusal to lift the restraints on the mentally ill prisoner and to inflict brain damage on the death row inmate so that the defense’s mental health experts could perform the mental health examinations that his lawyers argue in seeking clemency and in attempting to prove his mental incompetence.

On November 9, 2022, the court, without comment or any notable opposition, refused a stay of execution to clear the way for Texans to execute Betty later in the day. In the same summary injunction, the court dismissed Petty’s petition for a transfer order. Betty’s attorney provided evidence that Betty, who was suffering from paranoid schizophrenia, had hallucinations and delusions and might not qualify for execution. They argued that Texas’ refusal to lift Betty’s restrictions so that a psychiatrist and a neuropsychologist could run tests to assess brain impairment constituted unlawful state interference with services Congress authorized to make available to federal attorneys representing death row inmates on clemency and other potentially available. Execution proceedings after conviction.

The US District Court has refused to order Texas prisons to release Petty’s hands so he can complete routine neuropsychiatric and neurological exams, saying federal courts have no jurisdiction to interfere. As a result, mental defense experts—who documented many of the indicators of brain impairment that made testing necessary—were unable to complete the mental health assessments they were assigned to perform. This ruling, which was upheld by the U.S. Court of Appeals for the Fifth Circuit, will “go around[] Petty said that the federal courts are powerless “to ensure that mental health and other providers have meaningful access to the client.” Such an outcome, the attorney wrote, “leaves petitioners the right to paid services but not the right to no services,” making federal law authorizing capital defenses services “practically meaningless.”

Beattie was convicted and sentenced to death for the murder of his mother, Caroline Click, in 2003. His attorneys had previously argued, to no avail, that Beattie did not qualify for the death penalty because he had not committed premeditated murder. Not all murders are capital murder, and under Texas law, Betty was liable to the death penalty only because the murder occurred ostensibly during the commission of a separate felony, the alleged burglary of the home he was living in with his mother.

Prosecutors argued that my home entry constituted a burglary because he entered the home without permission and committed the robbery by taking his possessions from the home. They based this theory on gossip testimony from a neighbor who told the jury that on the last day she saw Click, Click told her that she and Betty were in an argument and that she had asked him to leave. In a dissenting opinion, former Texas Court of Criminal Appeals Judge Sherrill Johnson wrote in 2009, “The evidence for entering without consent in this case is weak, and the evidence of intent to commit a felony, theft, or assault even thinner….there is no doubt in that [Beatty] kill click; The issue is whether the burglary was proven, and therefore whether the crime was murder or premeditated murder.” The dissenting judges referred to the testimony of another neighbor, who said that Click and Betty argued daily and Click told Betty to go out several times but he constantly allowed him to stay after their arguments .

The majority of the court upheld Beattie’s death sentence, and pointed to evidence that Beattie severely assaulted Click after an earlier argument. The court held that “[a] A rational jury can conclude that [Beatty] He was angry after Click told him to get out and that he had entered Click’s house with the intention of assaulting her again or killing her, or at least taking some of her money or possessions.”

Betty’s former attorney has never had him evaluated by any mental health professional. The federal defense attorney, in his recent arguments to the court, argued that it was “correct [mental health] Assessments are necessary to determine whether the prisoner is mentally incompetent or has an intellectual disability that precludes his execution on constitutional grounds.” The Supreme Court’s rejection of his petition allows for his execution to be reconsidered without evaluating the merits of his legal claims.

Petty’s execution will be the fourth in Texas in 2022. On November 3, 2022, a federal district court issued a preliminary injunction against the execution of Stephen Barbie, who is scheduled to be executed on November 16, 2022. Texas prosecutors appealed that. court order. As of November 9, 2022, six executions in the state are scheduled for 2023.


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