Berberian brought out the fact that the doctor has worked in other death row appeals. He also noted that it is possible for someone to be schizophrenic and still live a fairly normal life. Ultimately, the diagnosis will be up to the jury of 12 lay people, at least 4 of whom indicated during jury selection they were not sure if mental competency should play a role in deciding whether to execute someone. That would raise an interesting question of treatment, since many sychiatrists believe it is unethical to treat people where success would mean sending the patient to his death. If jurors decide Kelly is competent, the state would ask for another execution date, although more defense appeals are expected.
Legal experts say cases of inmates going insane after they are sent to death row are unusual.
Having a jury decide the issue is virtually unprecedented, the said. The California sanity law declares that the verdict of the jury cannot be appealed. However, Mazer has made it clear he thinks the law is unconstitutional and impractical. But there are now 38 Mexican nationals on death row who, like Mr. Breard,, were condemned without being informed, as the convention requires, of their right to contact their consul without undue delay at the time of their arrests, said Mexican government officials. Arturo Fuente Ortega, counsel of Mexico in St. Louis, said his government has requested a hearing and an advisory opinion from the Inter-American Court on Human Rights.