It looks like a Hill Country killer who has become a test case for how far states can go to execute the mentally ill, may have dodged the needle for good, News Radio 1200 WOAI reports.
The Fifth Circuit Court of Appeals late Tuesday ruled that the case of Scott Panetti must be sent back to a federal judge for renewed consideration, including a full report on whether he is mentally competent enough to be executed.
“We are grateful that the court found that Mr. Panetti’s nearly four decades of documented schizophrenia and severe mental illness provided a sufficient showing to obtain experts and resources to pursue the claim that he is currently incompetent for execution," said Kathryn Kase, who is Panetti's attorney of record.
Panetti murdered his in laws at their home in Fredericksburg back in 1992, 14 years after first being diagnosed with schizophrenia. In 1986, for example, Panetti buried all of the furniture in his home, convinced that 'the devil was in the furniture.'
Following the murders, Panetti cranked up the crazy act. At his trial, where he acted as his own attorney, he dressed in a cartoonish cowboy outfit and demanded to call Jesus Christ, the Pope, and God as witnesses, and even cross examined himself, in the character of 'Sarge,' who Panetti said committed the crime.
At one point during the trial, Panetti pointed toward the jury box as if he were holding a rifle, and made noises duplicating shots being fired.
Panetti has avoided the executioner twice before. It was his case, Panetti v. Quarterman, (2007), that determined that the way the state determines whether inmates are sane enough to be executed was flawed.
Defense lawyers claim Panetti believes he is in prison and facing execution 'for preaching the Gospel of Jesus Christ.'State prosecutors maintain that Panetti's antics are largely phony, in an attempt to 'act crazy' to 'play the system, and point out there is a difference between 'acting crazy' and being truly insane.
'The Appeals Court's ruling indicates it is highly unlikely that Panetti, who remains on Death Row, will ever be executed.