GUILTY TX - Dep. Paul Habelt, 63, & Dep. Tony Ogburn, 61, shot to death, 17 May 2007

Angels_Not_Forgotten said:

That so sad and horrible. Seems to be happening a lot lately.

Click to expand...

The U.S. Supreme Court Monday refused to consider an appeal from an East Texas man who’s facing execution... The justices made no comment Monday in turning down the appeal from Randall Wayne Mays...

Mays was convicted of slaying sheriff's deputy Tony Ogburn. A second officer, Paul Habelt, also was killed and a third was wounded.

Click to expand...

Randall Mays is on death row for killing two sheriff's deputies. Scott Panetti was sentenced to die for killing his estranged wife's parents. And a jury condemned Robert Roberson for killing his 2-year-old daughter.

Beyond being on Texas’ death row, the three share another common thread: their attorneys are challenging whether the criminal justice process addresses the issue of mental illness fairly and comprehensively when weighing the death penalty for killers.

In each case, trial prosecutors and attorneys for the state have argued the men intentionally killed their victims and understand why they were convicted and sentenced to death, a constitutional benchmark before the condemned can be executed.

But attorneys for the men argue that although their clients are killers, their documented mental health histories could negate the intentional killing argument and therefore raise the question of whether execution is cruel and unusual punishment. Though the U.S. Supreme Court has ruled that states can't execute the intellectually disabled, an exact legal definition of that condition remains open to debate. Any of these three cases could ultimately help clarify that issue for others in similar situations.

Click to expand...

Randall Wayne Mays was found competent to be executed this week.

On May 17, 2007, Randall Wayne Mays took the life Henderson County Sheriff’s Deputy Tony Ogburn and Investigator Paul Habelt, and seriously injured Deputy Kevin Harris.

The District Attorney intends to file a motion for the Court to set an execution date, but anticipates that before it is carried out, Mays will make a motion that the Court of Criminal Appeals (CCA) review Judge Clayton’s order and enter a judgment of whether to adopt the order, findings and recommendations.

Click to expand...