Texas man who ate his own eye could still face execution despite mental illness, US Supreme Court rules
Andrew Thomas, 35, told police that God told him to murder his wife, son and stepdaughter. The victims were stabbed and had their hearts ripped out
A US federal appeal court has said it won’t consider whether a Texas inmate who removed his only eye and ate it in an outburst several years ago is too mentally ill to be executed, but will consider other questions in an appeal of his conviction for killing his estranged wife’s 13-month-old daughter.
Lawyers for Andrew Thomas, 35, argued that executing him while he is severely mentally ill was unconstitutional, but that issue is “foreclosed”, a 5th US Circuit Court of Appeals panel said in a brief ruling on Thursday
The US Supreme Court has ruled mentally disabled people are ineligible for execution. That prohibition does not include the mentally ill. But the three-judge appeal court panel, which heard arguments Tuesday, said it would allow his lawyers to move forward with appeals that Thomas’ trial lawyers were deficient and his jury was racially biased.
Thomas’ appeals lawyers contend the trial lawyers didn’t investigate his competency to stand trial, failed to adequately counter prosecutors’ arguments that Thomas’ drug and alcohol abuse was responsible for his behaviour, and failed to uncover and present evidence of his mental illness that could have persuaded jurors to decide a life sentence was more appropriate.
“We are grateful to have the opportunity to present the troubling issues in Mr. Thomas’ case for fuller adjudication,” Maurie Levin, one of Thomas’ lawyers, said.