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 delusional belief that he buried “one million dollars, two gold bars,
one Grammy Award, and two stock certificates from Quaker State and Apple Computers” near
a church in Georgia. According to Greg, his investigator and his attorneys should
be trying to retrieve these items to use as a “mitigator.” By “mitigator” he
meant that these items “prove” that he can “take care of myself,
and I don’t need any help.” He believes the money he has buried will “prove” to
the court that he can take care of himself because “I won’t need
to steal like a criminal.” He believes that if his attorneys present this “mitigator” to
the court, he will be a “free man.” Greg’s grandiose delusions
about his buried money in Georgia and how it can be used as a “mitigator” suggest
that he lacks the capacity to appreciate why he is being punished.
- the delusional belief that he is actually a “lieutenant” in the navy.
He believes that being a “lieutenant” in the navy means that he should
have another trial because he did not have the correct “jury” in
his first trial. He believes that because he is a “lieutenant,” his
jury must be made up of “professionals,” and not “ditch dwellers,
no housewives, no store clerks.” He believes he was not provided with the
correct jury, so the original trial is invalid. Greg’s delusional statements
about his naval career and how it is connected to his trial suggest that
he lacks the capacity to appreciate why a jury of his peers sentenced him
to death.
- Greg believes his attorneys should be getting in touch with a navy recruiter,
and they should get in touch with the Secretary of the Navy, and all
this evidence
should be thrown his way, because “he has the right to judge.” By “evidence” Greg
means “the money, and the two check stubs that I wanted checked out,
and this should give him (the Secretary of the Navy) the knowledge of
why he should
help.” Greg’s delusional beliefs about how the navy should be
involved in his case, and how obviously delusional evidence could aid
him, suggest that
he perceives that he can receive another trial for the instant matter.
In fact, his discussions suggested that he holds magical, near child-like
reasoning about
possible avenues of appeal in the present case.
- Although Greg can state that he was sentenced to death, he holds the delusional perception that he will not
be executed. When asked if the State of Tennessee can execute him, Greg replied, “I don’t think they can, all the mitigation,
the songs, the money, we know who did the crime, me, but they can’t execute
me because of the Secretary of the Navy, only he handles all the officers, and
there is a million dollars in my clothes in Thomaston, Georgia, on East Walker
Street near a Baptist church.” Greg’s statements suggest that although
he knows his sentence is death, he does not appreciate that the State of Tennessee
can legally execute him. Instead, he believes for delusional reasons that he
will not be executed. He therefore lacks the capacity to understand that his
legal execution is approaching. Further, Greg’s delusional statement suggests
that he lacks the capacity to prepare himself for his death with a rational frame
of mind.
- Greg says he wants “the electric chair” because, “I
am used to being shocked, every time I touch my TV, I get shocked, or when I
went to a chiropractor in 1982, he twisted my neck, and it felt like a shock.” Greg’s
statement suggests that, due to his mental disease, he lacks the capacity to
appreciate the finality of the execution process. Instead, he compares lethal
electrocution to common static electricity or a chiropractic procedure.
- Greg believes it is realistic to assume that he will be “discharged” and
can return to live in “Hawaii.” His statement about his “discharge” from
prison is not merely wishful thinking, or an attempt to avoid thinking about
the inevitable. Instead, his conclusion that he will be “discharged” from
prison flows from his grandiose delusion that he has a million dollars and is
a lieutenant in the navy, and this information can be used as a “mitigator.” Therefore,
Greg’s statement that he will be “discharged” from prison suggests
that his mental disease has caused him to be unaware of the punishment he is
scheduled to suffer.
- Greg was questioned about what would happen to his soul after his death. Greg
replied that he believes he is a “Klingon.” He said, “I drink
blood wine, and howl at the moon,” adding that his soul will go to “Valhalla.” Subsequently,
in a loose and tangential manner, Greg suddenly said, “the Muslims are
hairy people, I will have to fight them too.” Greg believes he “made
up the Klingons so that young people would have a strong black person on TV.” Importantly,
Greg’s statement about being a “Klingon” and going to “Valhalla” are
a product of his mental disease and suggests that he lacks the capacity to rationally
prepare himself for his own death.
- Greg believes he should receive a “mistrial.” His
statement is not merely wishful thinking or that of a rational individual arguing a legal point.
Greg believes that because his military record with the “Secretary of the
Navy” proves he is a “lieutenant,” this will allow for a “mistrial.” He
explains in a delusional, convoluted manner that even though the murder happened
within the State of Tennessee, he is “Federal property” due to his “officer” status.
He informed the examiner that “the State can’t hold Federal property.” When
asked why the State of Tennessee has been able to hold him for 19 years if he
is correct, Greg replied, “Because I haven’t been doing anything
to release myself.” He then asserted his belief that he would not be executed
because of his connection with the navy. Greg’s discussion about why the
State of Tennessee cannot execute him suggests that due to his mental disease,
he lacks the capacity to rationally perceive the connection between his crime
and the punishment imposed by the State.
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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