Exceeding the limits of decency: The legal proceedings

Competency proceedings

UPDATE · June 2004
UPDATE · May 2004

Three mental health professionals agree that Greg Thompson is Schizophrenic and lacks the mental capacity to be executed because of long-standing fixed delusions. As reported by one doctor, these delusions include:

The State Attorney General’s office continues to acknowledge Greg Thompson’s severe mental illness and does not dispute the truth of Greg’s delusional thought process, but insists he is sane enough and should be executed. The State seeks to execute Mr. Thompson without even holding a hearing on his competence to be executed. Though just three years ago the State determined that Mr. Thompson was so incompetent that a conservator was needed to make decisions on his behalf, it now asserts he is sane enough to kill. Greg Thompson’s sentence of death is tainted by the twin stains of mental illness and racism. Clemency from Governor Bredesen is now Gregory Thompson’s only hope for avoiding in death the injustices that have shaped his life.

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Update: May 2004

On May 12, 2004, the Tennessee Supreme Court, over the dissent of Justice Birch, denied the opportunity for any court hearing on Greg Thompson’s mental competence to be executed.

The court reached its decision in the face of uncontradicted affidavits from three distinguished mental health professionals stating unequivocally that Greg Thompson does not satisfy Tennessee’s standard for mental competence. The court acknowledged not only that Greg is psychotic and delusional, but also that he is so mentally incapacitated that the State was impelled in 2001 to seek appointment of a conservator for the purpose of forcibly medicating Greg. In its opinion, the court also noted evidence that shows Greg believes that the murder victim, Brenda Lane, is still alive and working in the prison, that despite being “aware” of his death sentence Greg wonders when he is getting out of prison and that Greg thinks that he cannot die and will stay alive “even if he were executed.”

In the face of such undisputed evidence of Greg Thompson’s profound mental illness it simply denies reality for the court to conclude – without ever holding a hearing – that executing Greg is a legitimate and permissible exercise of state power.

If Greg Thompson is undeserving of a hearing on competence with his uncontroverted record of delusional schizophrenia, then the principle that we must not execute those who are insane announced by the United States Supreme Court in Ford v. Wainwright (1986) has become a dead letter in Tennessee.

It is possible that a federal court will intervene and order a competency hearing. What seems increasingly likely is that in light of this abdication of responsibility by the Tennessee courts, only the executive clemency authority of Governor Bredesen can prevent Greg Thompson’s tragic execution.

Tennesseans must speak out forcefully against the practice of executing the insane sanctioned by a majority of the Tennessee Supreme Court. Otherwise, Tennessee is poised to take a giant step down the barbaric road that the rest of the civilized world abandoned long ago.

Update: June 2004

On June 21, 2004 the federal district court entered a stay of execution to consider Thompson's claim that he is incompetent to be executed.

 

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Exceeding The Limits Of Decency: The Legal Proceedings
Greg Thompson
Supporters

International Justice Project
National Mental Health Association
Tennessee Black Caucus

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