Post by Anja on Jun 22, 2006 18:01:49 GMT -5
Judge denies sister's stay effort; Reid execution on
In Clarksville, a Montgomery County judge has turned down the latest
attempt by Paul Dennis Reid's sister to delay her brother's execution,
scheduled for next week.
Circuit Judge John Gasaway issued a written order Wednesday denying a stay
of Reid's June 28 execution date.
Reid received death sentences for the 1997 slayings of 2 em-ployees of a
Clarksville Baskin-Robbins store and for killing 5 Nashville fast-food
workers. The execution is set for the Clarksville slayings.
Reid has ceased personally pursuing appeals for the 2nd time.
Reid's sister, Linda Martiniano, has also appealed Gasaway's ruling last
week that a "threshold showing" of Reid's mental competency had not been
met.
In the Wednesday ruling, Gasaway said the basis of his order denying an
expedited hearing on a stay of execution is "multifaceted."
First, Reid's June execution date was set early last month by the
Tennessee Supreme Court, giving the Montgomery County Circuit Court "very
limited authority" to stay the execution.
Martiniano submitted the motion as Reid's "next friend" someone
authorized to act on behalf of a convict whose mental competency is
suspect.
Gasaway ruled last week that Martiniano and the state Post-Conviction
Defender's Office failed to show that Reid is incompetent.
Because they failed to make that "threshold showing," Gasaway found the
petition for post-conviction relief to be "invalid."
"The merits of a post-conviction petition have not been presented to this
Court," Gasaway wrote.
State law allows an exception for instances when a friend can prove the
convict lacks the ability to file the petition on his own behalf. Gasaway
noted he ruled against Martiniano on that very matter last week.
In addition, Gasaway wrote that the appeal of his ruling last week, filed
in the Court of Criminal Appeals, places the matter "further outside the
jurisdiction" of his court.
Gasaway wrote Wednesday's order while on vacation.
(source: The Tennessean)
In Clarksville, a Montgomery County judge has turned down the latest
attempt by Paul Dennis Reid's sister to delay her brother's execution,
scheduled for next week.
Circuit Judge John Gasaway issued a written order Wednesday denying a stay
of Reid's June 28 execution date.
Reid received death sentences for the 1997 slayings of 2 em-ployees of a
Clarksville Baskin-Robbins store and for killing 5 Nashville fast-food
workers. The execution is set for the Clarksville slayings.
Reid has ceased personally pursuing appeals for the 2nd time.
Reid's sister, Linda Martiniano, has also appealed Gasaway's ruling last
week that a "threshold showing" of Reid's mental competency had not been
met.
In the Wednesday ruling, Gasaway said the basis of his order denying an
expedited hearing on a stay of execution is "multifaceted."
First, Reid's June execution date was set early last month by the
Tennessee Supreme Court, giving the Montgomery County Circuit Court "very
limited authority" to stay the execution.
Martiniano submitted the motion as Reid's "next friend" someone
authorized to act on behalf of a convict whose mental competency is
suspect.
Gasaway ruled last week that Martiniano and the state Post-Conviction
Defender's Office failed to show that Reid is incompetent.
Because they failed to make that "threshold showing," Gasaway found the
petition for post-conviction relief to be "invalid."
"The merits of a post-conviction petition have not been presented to this
Court," Gasaway wrote.
State law allows an exception for instances when a friend can prove the
convict lacks the ability to file the petition on his own behalf. Gasaway
noted he ruled against Martiniano on that very matter last week.
In addition, Gasaway wrote that the appeal of his ruling last week, filed
in the Court of Criminal Appeals, places the matter "further outside the
jurisdiction" of his court.
Gasaway wrote Wednesday's order while on vacation.
(source: The Tennessean)