Flawed process leads to executions in Texas despite Bush’s vows of confidence in the system. The Chicago Tribune conducted the first comprehensive investigation of all 131 executions in Texas under Bush’s tenure and concludes that scandalous flaws undermine the process of capital convictions there. As a psychiatrist, I’m particularly appalled by the abuse of psychiatric expert testimony:
In at least 29 cases, the prosecution presented
damaging testimony from a psychiatrist who,
based upon a hypothetical question describing
the defendant’s past, predicted the defendant
would commit future violence. In most of
these cases, the psychiatrist offered this
opinion without ever examining the
defendant. Although this kind of testimony is
sometimes used in other states, the American
Psychiatric Association has condemned it as
unethical and untrustworthy.
Other failings included representation in one-third of the cases by an attorney later disbarred, suspended or otherwise sanctioned; and the frequent use of jailhouse informants (“a form of testimony so unreliable
that some states warn jurors to view it with
skepticism. The prevalent use of jailhouse
informants in capital cases was one of the
central problems Gov. George Ryan cited when
he declared the moratorium in Illinois”). Witnesses, experts and lawyers on whose contributions capital convictions have turned have included
a forensic scientist who was
temporarily released from a psychiatric ward
to provide incriminating testimony in a capital
case; a pathologist who has admitted faking
autopsies; a psychiatrist, nicknamed “Dr.
Death,” who was expelled from the American
Psychiatric Association; a judge on the state’s
highest criminal court who has been
reprimanded for lying about his background;
and a defense attorney infamous for sleeping
during trials.
This all ought to be disturbing regardless of whether one supports the death penalty or not in the abstract. Let’s elect George W. to the presidency just to get him out of the role of signing death warrants in Texas, for God’s sake!