Post by Anja on Jun 15, 2006 15:59:13 GMT -5
Forced medication order stands
2 months ago, a Tarrant County judge ruled that death row inmate Steven
Kenneth Staley should be forcibly medicated -- an order that could
eventually make Staley competent enough to execute.
And last week, the Texas Court of Criminal Appeals refused to stand in the
way of that controversial decision.
Without issuing an opinion, the high court refused to stay Judge Wayne
Salvant's order.
"I'm distressed, and I think the people of Texas ought to be
disappointed," said defense attorney Jack Strickland, who asked the high
court to intervene. "...They couldn't bother to have a lawyer brief it or
argue it.... They act like they couldn't be bothered."
Staley, 43, is a paranoid schizophrenic who killed the restaurant manager
of a Steak and Ale in Fort Worth 17 years ago. He has refused to take his
anti-psychotic medication because he thinks doctors are trying to poison
him. He has had 2 dates with death, but both times his execution has been
stopped because he was deemed incompetent. The law requires that inmates
understand why they are being executed.
Chuck Mallin, chief of the appellate division of the Tarrant County
district attorney's office, said: "Strickland is absolutely correct about
one thing: The state of Texas should be distressed because we haven't been
able to execute a coldblooded, vicious killer."
About the only thing Strickland and Mallin agree on was that, because the
high court didn't intervene, the order to forcibly medicate Staley is in
now effect.
"They can start giving him shots anytime they want," Mallin said.
Strickland said: "If someone walks over there with a judge's order and
gives it to a doctor in the jail and it says to start shooting him up, I
presume somebody might do it. They don't have the authority to tell the
judge to take a hike."
Staley was sentenced to death in April 1991 for fatally shooting Robert
Read, 35, after taking him hostage during a botched robbery at a Steak and
Ale in west Fort Worth.
In April, Mallin and prosecutor Jim Gibson filed a motion asking to have
Staley forcibly medicated so he can become competent enough to execute,
saying the jury's verdict should be carried out.
Strickland argued that forcibly medicating Staley to execute him is
unconstitutional and violates his right to privacy.
Salvant sided with prosecutors, marking what is believed to be the first
time a Texas judge has ordered an incompetent death row inmate to be
forcibly medicated.
Strickland appealed Salvant's ruling to the Texas Court of Criminal
Appeals and also asked it not to permit Staley to be forcibly medicated
until all other courts have a chance to look at the issue.
"The fact that they gave us such short shrift, that sends a message to me
that they don't think much of the issue anyway," Strickland said.
Strickland said he will possibly go back to Salvant or ask the federal
court to intervene.
When -- and if -- Staley ever becomes competent, an execution date will be
set. If that happens, it will just start another round of appeals, Mallin
said.
"I think the fight is just beginning," Mallin said. "If we're able to get
an execution order because he is rendered competent, I think the fight
starts over again."
(source : Fort Worth Star-Telegram)
2 months ago, a Tarrant County judge ruled that death row inmate Steven
Kenneth Staley should be forcibly medicated -- an order that could
eventually make Staley competent enough to execute.
And last week, the Texas Court of Criminal Appeals refused to stand in the
way of that controversial decision.
Without issuing an opinion, the high court refused to stay Judge Wayne
Salvant's order.
"I'm distressed, and I think the people of Texas ought to be
disappointed," said defense attorney Jack Strickland, who asked the high
court to intervene. "...They couldn't bother to have a lawyer brief it or
argue it.... They act like they couldn't be bothered."
Staley, 43, is a paranoid schizophrenic who killed the restaurant manager
of a Steak and Ale in Fort Worth 17 years ago. He has refused to take his
anti-psychotic medication because he thinks doctors are trying to poison
him. He has had 2 dates with death, but both times his execution has been
stopped because he was deemed incompetent. The law requires that inmates
understand why they are being executed.
Chuck Mallin, chief of the appellate division of the Tarrant County
district attorney's office, said: "Strickland is absolutely correct about
one thing: The state of Texas should be distressed because we haven't been
able to execute a coldblooded, vicious killer."
About the only thing Strickland and Mallin agree on was that, because the
high court didn't intervene, the order to forcibly medicate Staley is in
now effect.
"They can start giving him shots anytime they want," Mallin said.
Strickland said: "If someone walks over there with a judge's order and
gives it to a doctor in the jail and it says to start shooting him up, I
presume somebody might do it. They don't have the authority to tell the
judge to take a hike."
Staley was sentenced to death in April 1991 for fatally shooting Robert
Read, 35, after taking him hostage during a botched robbery at a Steak and
Ale in west Fort Worth.
In April, Mallin and prosecutor Jim Gibson filed a motion asking to have
Staley forcibly medicated so he can become competent enough to execute,
saying the jury's verdict should be carried out.
Strickland argued that forcibly medicating Staley to execute him is
unconstitutional and violates his right to privacy.
Salvant sided with prosecutors, marking what is believed to be the first
time a Texas judge has ordered an incompetent death row inmate to be
forcibly medicated.
Strickland appealed Salvant's ruling to the Texas Court of Criminal
Appeals and also asked it not to permit Staley to be forcibly medicated
until all other courts have a chance to look at the issue.
"The fact that they gave us such short shrift, that sends a message to me
that they don't think much of the issue anyway," Strickland said.
Strickland said he will possibly go back to Salvant or ask the federal
court to intervene.
When -- and if -- Staley ever becomes competent, an execution date will be
set. If that happens, it will just start another round of appeals, Mallin
said.
"I think the fight is just beginning," Mallin said. "If we're able to get
an execution order because he is rendered competent, I think the fight
starts over again."
(source : Fort Worth Star-Telegram)