softheart
03-03-2003, 04:48 PM
March 3
TEXAS:
A drugged-up defendant can't participate in defense
A jury sentenced James Colburn to death in October 1995, but he probably
was too drugged up to notice. Mr. Colburn is severely and chronically
mentally ill. In an effort to make him competent to stand trial for the
attempted rape and the murder of Peggy Murphy, he was shot up with
Haldol. The anti-psychotic drug sedated Mr. Colburn so much that he slept
through much of his trial.
The U.S. Supreme Court has long held that it offends our constitutional
notions of due process and fundamental fairness to subject a person to
trial who is unable to understand the proceedings against him and to
consult with and assist his lawyers in preparing a defense. Yet the court
denied a motion to stay Mr. Colburn's execution, in which his appellate
lawyers argued that he was "incompetent to stand trial" because he was
heavily sedated as well as severely mentally ill.
On the day Mr. Colburn was scheduled to die, the court stayed the
execution to consider whether to decide if federal courts had the
authority to hear a 2nd petition raising the separate issue of
"incompetency to be executed."
But the court recently lifted the stay without addressing that issue. And
Mr. Colburn now is scheduled to be executed on March 26.
No one thinks Mr. Colburn is faking it. His mental illness was detected
at the age of 14, although he wasn't diagnosed as suffering from paranoid
schizophrenia until he was 17. Thereafter, he was intermittently on
medication. And when he was off his medication, he often experienced
auditory and visual hallucinations.
Jail records reportedly indicate that even after his arrest, there were
gaps in Mr. Colburn's medical treatment. Although Mr. Colburn was
indigent, he was expected to pay for his medication from the little money
in his commissary account. At times, Mr. Colburn, who at least one expert
has determined has the reasoning ability of a 10-year-old, opted to spend
his money on other things, like candy.
For the 15 or so months Mr. Colburn spent in jail before his trial, he
often was agitated, sometimes urinating and defecating on himself, and
repeatedly was on suicide watch. Yet based on an examination of Mr.
Colburn 10 months before trial, the court-appointed psychologist found
that Mr. Colburn was competent to stand trial.
So off to trial Mr. Colburn went, shot full of Haldol and with lawyers
who thought his spaced-out demeanor would help convince the jury that Mr.
Colburn was insane when he committed the crime. That strategy was
developed by the same counsel who didn't seem to think it was a big deal
that Mr. Colburn was sleeping through large portions of his trial.
Not only did that strategy fail to convince the jury that Mr. Colburn was
insane, it may have cost Mr. Colburn his life. At least 1 juror
reportedly has said she thought Mr. Colburn's detached demeanor indicated
he was mean, not insane. She now says she wouldn't have voted for the
death penalty if she had realized Mr. Colburn's demeanor was a result of
his mental illness.
The State Board of Pardons and Paroles should recommend to Gov. Rick
Perry that Mr. Colburn's death sentence be commuted to life. But the
board rarely recommends commutations or pardons, and Mr. Perry can't
commute the sentence without its recommendation.
There may be an attempt this legislative session to push for a
constitutional amendment to give the governor more power to commute
sentences. That would be welcome, but there is no assurance it will
happen. In the meantime, we have to find ways to ensure we effectively
deal with mental health issues on the front end of cases instead of
leaving those issues to be dealt with later - or not at all.
Every county in Texas must set standards for lawyers who represent
indigent and mentally ill clients like Mr. Colburn. Those standards
should include the requirement of substantial training. That is important
not only because it prepares lawyers to deal with the sometimes
complicated issues that can arise when the defendant has a mental
disorder but also because it tends to attract lawyers who care about such
issues.
After all, those lawyers are going to be the ones most likely to take the
time to be properly trained. And for people like Mr. Colburn, a
well-trained and caring lawyer could mean the difference between life and
death.
Raman Gill is a lawyer with Texas Appleseed, a public interest law center
that has produced a handbook for lawyers to help them better represent
their clients with mental illness. Sarah J. Clark, a member of the Texas
Appleseed board of directors, contributed to this piece.
(source: Dallas Morning News)
softie
TEXAS:
A drugged-up defendant can't participate in defense
A jury sentenced James Colburn to death in October 1995, but he probably
was too drugged up to notice. Mr. Colburn is severely and chronically
mentally ill. In an effort to make him competent to stand trial for the
attempted rape and the murder of Peggy Murphy, he was shot up with
Haldol. The anti-psychotic drug sedated Mr. Colburn so much that he slept
through much of his trial.
The U.S. Supreme Court has long held that it offends our constitutional
notions of due process and fundamental fairness to subject a person to
trial who is unable to understand the proceedings against him and to
consult with and assist his lawyers in preparing a defense. Yet the court
denied a motion to stay Mr. Colburn's execution, in which his appellate
lawyers argued that he was "incompetent to stand trial" because he was
heavily sedated as well as severely mentally ill.
On the day Mr. Colburn was scheduled to die, the court stayed the
execution to consider whether to decide if federal courts had the
authority to hear a 2nd petition raising the separate issue of
"incompetency to be executed."
But the court recently lifted the stay without addressing that issue. And
Mr. Colburn now is scheduled to be executed on March 26.
No one thinks Mr. Colburn is faking it. His mental illness was detected
at the age of 14, although he wasn't diagnosed as suffering from paranoid
schizophrenia until he was 17. Thereafter, he was intermittently on
medication. And when he was off his medication, he often experienced
auditory and visual hallucinations.
Jail records reportedly indicate that even after his arrest, there were
gaps in Mr. Colburn's medical treatment. Although Mr. Colburn was
indigent, he was expected to pay for his medication from the little money
in his commissary account. At times, Mr. Colburn, who at least one expert
has determined has the reasoning ability of a 10-year-old, opted to spend
his money on other things, like candy.
For the 15 or so months Mr. Colburn spent in jail before his trial, he
often was agitated, sometimes urinating and defecating on himself, and
repeatedly was on suicide watch. Yet based on an examination of Mr.
Colburn 10 months before trial, the court-appointed psychologist found
that Mr. Colburn was competent to stand trial.
So off to trial Mr. Colburn went, shot full of Haldol and with lawyers
who thought his spaced-out demeanor would help convince the jury that Mr.
Colburn was insane when he committed the crime. That strategy was
developed by the same counsel who didn't seem to think it was a big deal
that Mr. Colburn was sleeping through large portions of his trial.
Not only did that strategy fail to convince the jury that Mr. Colburn was
insane, it may have cost Mr. Colburn his life. At least 1 juror
reportedly has said she thought Mr. Colburn's detached demeanor indicated
he was mean, not insane. She now says she wouldn't have voted for the
death penalty if she had realized Mr. Colburn's demeanor was a result of
his mental illness.
The State Board of Pardons and Paroles should recommend to Gov. Rick
Perry that Mr. Colburn's death sentence be commuted to life. But the
board rarely recommends commutations or pardons, and Mr. Perry can't
commute the sentence without its recommendation.
There may be an attempt this legislative session to push for a
constitutional amendment to give the governor more power to commute
sentences. That would be welcome, but there is no assurance it will
happen. In the meantime, we have to find ways to ensure we effectively
deal with mental health issues on the front end of cases instead of
leaving those issues to be dealt with later - or not at all.
Every county in Texas must set standards for lawyers who represent
indigent and mentally ill clients like Mr. Colburn. Those standards
should include the requirement of substantial training. That is important
not only because it prepares lawyers to deal with the sometimes
complicated issues that can arise when the defendant has a mental
disorder but also because it tends to attract lawyers who care about such
issues.
After all, those lawyers are going to be the ones most likely to take the
time to be properly trained. And for people like Mr. Colburn, a
well-trained and caring lawyer could mean the difference between life and
death.
Raman Gill is a lawyer with Texas Appleseed, a public interest law center
that has produced a handbook for lawyers to help them better represent
their clients with mental illness. Sarah J. Clark, a member of the Texas
Appleseed board of directors, contributed to this piece.
(source: Dallas Morning News)
softie