Defense attorneys have argued that prosecutors withheld information that would have supported a mental health defense. Former Judge Harry Hanna, one of the three on the panel, told the Ohio Parole Board he would not have voted for the death penalty if he'd had information from police reports that were provided to the defense more recently.
Ohio execution policies
LUCASVILLE, Ohio — Ohio was poised Tuesday to end a nearly six-month break in its use of capital punishment by executing a man who fatally shot his three sons while they slept in 1982, shortly after his wife filed for divorce.
State and federal courts have rejected attorneys' arguments that 66-year-old Reginald Brooks of East Cleveland is not mentally competent and that the government withheld relevant evidence that could have affected Brooks' case.
The U.S. Supreme Court on Tuesday rejected Brooks' request to halt the execution, as did the Ohio Supreme Court Monday. It was unclear if Brooks' appeals were done, or if a last-minute request to a federal appeals court in Cincinnati Tuesday must still be decided.
Prison officials said they were temporarily postponing the execution until the final appeals are resolved. Brooks, 66, was scheduled to die by injection at 10 a.m.
U.S. District Court Judge Donald Nugent in Cleveland rejected Brooks' latest appeal Tuesday, saying it appeared he still had issues he could argue in Ohio state courts. But the Ohio Supreme Court has repeatedly rejected Brooks' claims in recent days, and it was unclear exactly what options he had left. Brooks' lawyers immediately appealed Nugent's ruling to the 6th U.S. Circuit Court of Appeals.
Prosecutors acknowledge Brooks is mentally ill
US Supreme Court won't delay Ohio execution | SignOnSanDiego.com
"It all has to do with their ability to form what we consider to be adult conceptions of morality and responsibility," says Bill Harris, a Texas attorney who represented Larry Keith Robison, a schizophrenic who was executed in 2001 for killing five people during a psychotic episode nearly 20 years earlier. "If you say it's cruel and unusual to execute the mentally retarded because they can't perform on an adult level, and then you say the same thing about people who are mentally normal but because of their age you can't execute them, it makes sense to extend that to mental illness."
"If it impairs their ability to make those kind of moral judgments, they should also be, logically, exempt."
"We are not trying to excuse the misconduct of these people," Tabak explains. "If we were trying to do that, we wouldn't allow them to be punished at all." But, he says, "the extent of blameworthiness, the extent to which they can be held among what's sometimes called 'the worst of the worst,' is diminished by their mental illness."
Theoretically, some of the most severely mentally ill inmates are protected by a 1986 Supreme Court ruling, Ford v. Wainwright, that forbids capital punishment of those who are so insane that they cannot comprehend their impending execution or the reasons for it. Citing the Eighth Amendment, the decision blocked Florida from executing Alvin Ford, a man convicted of murder who became insane while on death row. Justice Lewis Powell drew his own line, reasoning that the Constitution protected only those who are so insane that they are "unaware of the punishment they are about to suffer and why they are to suffer it. Justice Powell concluded that Florida could execute Ford if he became sane again, presenting a cruel irony: death row inmates who become insane must remain insane to avoid execution. Moreover, the Ford decision left the determination of sanity up to each state and herein lies the heart of the problem.
they had been able to find treatment when they were free.
Texas executed on March 26, 2003, James Blake Colburn, a 43-year-old mentally ill man who heard voices and worried about demons defiling his corpse, despite his failed, repeated attempts to get help before he murdered Peggy Murphy. "We begged for help," his sister, Tina Duroy told Amnesty International a year before his execution. "He himself wanted help, and they ... just pushed him out on the street."
The state of Texas, which ranks number one in number of people executed, ranked 46th among the states for amount of money spent per person on the treatment of the mentally ill, including in jails and prisons, according to the National Association of State Mental Health Program Directors.
Cruel and Inhumane: Executing the Mentally Ill | Amnesty International USA