SCOTUS hears arguments re: Ayestas & rights of the indigent

Share:

Carlos Ayestas was sentenced to death in Texas in 1997 for the murder of 67-year-old Santiaga Paneque two years earlier. But because a judge did not allocate the funds that the federal Criminal Justice Act allows “upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant,” no witnesses were presented during Ayestas’ penalty phase to testify that he was a diagnozed schizophrenic, had abused drugs and alcohol, and had suffered head trauma. In fact, the defense presentation of mitigating factors during the penalty phase took “two minutes,” accoring to Ayestas’ current lawyer. As a result, the jury took 12 minutes to sentence him to death.

Last week, the U.S. Supreme Court heard oral arguments that Ayestas was denied his rights to a mitigation specialist to investigate his background, including his mental health and drug and alcohol abuse in violation of the Criminal Justice Act.

At the core of the argument is the difference between what the CJA described as “reasonably necessary,” for the defense, and what the Fifth Circuit Court of Appeals, in denying Ayestas’ appeal, said was a failure to prove a “substantial need” for the funds.

According to the New York Times, during the hearing, “Justice Samuel A. Alito, Jr. said the two phrases meant the same thing,” while Justice Ruth Bader Ginsburg said, “The only chance in the world that this defendant has is if he can put on a mitigation case and convince one juror he shouldn’t get the death penalty.”

But perhaps UC Berkeley Law School dean Erwin Chemerinsky put it most succinctly in an op-ed he wrote for the LA Times, when he wrote, “No one should face excution because they’re too poor to put on a defense.”

You might also be interested in...

Father Chris Ponnet (1957–2025)

Death Penalty Focus is mourning the loss of our Board Member, Father Chris Ponnet, who died on October 7 in...
Read More

Florida’s killing spree continued today with its 12th execution this year, a new record for the state

The State of Florida killed 63-year-old David Pittman today, its 12th execution this year, the highest number since the state...
Read More

“The State of Tennessee killed a gentle, kind, fragile, intellectually disabled man in violation of the laws of our country simply because they could.”

The State of Tennessee executed Byron Black yesterday, a 69-year-old man who had a documented intellectual disability, end-stage kidney disease,...
Read More