Juveniles and people with intellectual disabilities are legally exempt from the death penalty because of their diminished capacity to understand and control their actions. Serious mental illness can reduce culpability in the same way, yet North Carolina offers few protections. For example, there is no law allowing judges to remove the death penalty from consideration because of mental illness, and defendants can mount an “insanity” defense before a jury, but juries rarely grant relief on this basis.
Some of the people who have been sentenced to death in North Carolina have schizophrenia and other psychotic disorders that can cause delusions, hallucinations, disorganized thinking, and disruption of memory and perception. Some are suffering from severe post-traumatic stress disorder, either because they are war veterans or suffered severe childhood trauma.
It is exceedingly difficult for defendants with severe mental illnesses to receive a fair trial. Many defendants with mental illnesses are paranoid and distrustful of their attorneys, leaving them unable to provide their defense team with critical information. Some cannot remember what may have happened or where they were. Additionally, if they are taking psychotropic medications to control their illness, they may appear apathetic and remorseless at trial; if they fail to take these medications, however, defendants may become belligerent or frightening in front of the jury.
Across the US, the majority of people executed have suffered under the weight of mental illnesses.
James Davis survived a shrapnel wound in Vietnam, but he never recovered from the psychological wounds he suffered during two brutal combat tours — which were compounded by severe childhood abuse and mental illness. Psychiatrists have now diagnosed him with paranoid schizophrenia and combat-related PTSD, but the jury at his trial heard almost no evidence of his severe mental illness.
In 1995, James walked into an Asheville tool manufacturing plant, from which he had been fired a few days earlier, and killed three employees: Gerald Allman, Frank Knox and Tony Balogh. By the time of the murders, everyone who knew James believed he was seriously mentally ill. In the years before his crime, he lived in almost complete isolation, talked to himself, and shot at imaginary groundhogs in his yard. On the day of the shooting, investigators who interviewed him after he turned himself in said James appeared to be hearing voices and hallucinating. At his trial, he had to be so heavily medicated that his speech was slurred and he could not hold a coherent conversation.
As a child, James’ alcoholic father whipped him with a leather strap until he bled and beat James with a mop handle if he spoke at the dinner table. The father sexually abused his children and often threatened to kill them while they slept. At 15, James was placed in foster care. He never received treatment for symptoms of mental illness that plagued him for most of his life, nor did he receive mental health treatment after seeing near-constant combat during two tours in Vietnam. In 2009, he received a belated Purple Heart for his service in Vietnam.
At a separate civil trial, in which the families of James’ victims sued his former employer for failing to protect them from James, more than a dozen witnesses provided compelling evidence of James’ mental illness, none of which had been revealed at his criminal trial. The families won one of the largest civil settlements in North Carolina history. Since being sentenced to death, James’ paranoia and depression have continued to worsen. At one point, he fired his attorneys and asked to be executed, saying that continuing with appeals lead to increased paranoia and voices in his head.
As a jury weighed whether to sentence him to death, Guy LeGrande stood before them wearing a Superman T-shirt and made a non-sensical speech that concluded with the declaration that they should “pull the damn switch and shake that groove thing.” A state psychiatrist had deemed him psychotic, yet the judge allowed him to fire his court-appointed lawyers and represent himself at trial. The jury deliberated for 53 minutes before condemning him to death.
Guy LeGrande, who has been on death row since 1996, is perhaps the most striking example of the lack of protections afforded to people with mental illness in North Carolina’s capital punishment system. Before his trial, a psychiatrist at a state mental facility examined Guy and found that he had “narcissistic, grandiose, and hypomanic traits” and prescribed anti-psychotic medication.
Guy stood accused of the 1993 contract killing of Ellen Munford, a white Stanly County woman whose estranged husband, Tommy Munford, promised to pay Guy $6,500 for the murder. Tommy Munford gave Guy a gun, dropped him off in the woods next to the home, and picked up his two children so his wife would be alone. Tommy Munford received a life sentence for plotting the murder.
During trial, Guy, who is African-American, became more and more agitated as three separate witnesses referred to him as a “n****r.” The Stanly County prosecutor trying his case was well-known for wearing a lapel pin in the shape of a noose, and distributing them to his staff as morale-boosters when they won death sentences. Guy made outrageous statements to the prosecutor and others, claiming, among other things, that Oprah Winfrey and Dan Rather were sending him messages over the television. He called the jurors “antichrists.”
Lawyers appointed to be on “standby” to assist Guy were so troubled by his bizarre behavior that they filed a motion arguing he was not competent to represent himself. When the judge asked Guy what he had to say, he tore the document in half. The judge then allowed the trial to proceed.
During the crucial penalty phase of the trial, Guy’s incoherent ramblings culminated in this antagonistic argument to the jury:
Hell ain’t deep enough for you people. But you remember when you arrive, say my name, Guy Tobias LeGrande. For I shall be waiting. And each and every one of you will be mine for all eternity. And we shall dance in my father’s house. And you will worship me and proclaim me Lord and master. But for right now, all you so-called good folks can kiss my natural black ass in the showroom of Helig Meyers. Pull the damn switch and shake that groove thing.
Not only did Guy serve as his own lawyer at trial, the N.C. courts also allowed him to represent himself in post-conviction proceedings. He waived those appeals. In 2007, after more than a decade on death row, a Superior Court Judge finally declared Guy incompetent to be executed, requiring him to stay on death row until a time when he may be rendered competent and then executed. His lawyers’ requests for clemency have been ignored, and he remains on death row.
Had Allen Holman been prosecuted under current laws, he likely never would have faced the death penalty. He pled guilty and expressed deep remorse for shooting his wife, Linda Holman, to death in a grocery store parking lot in Apex. Allen and Linda were both seriously mentally ill, and Allen did not plan the crime. Instead, the July 1997 killing followed an out-of-control argument. Afterward, devastated by his actions, Allen shot himself in the stomach, one of several suicide attempts both before and after the crime.
Allen’s trial attorneys say that, in a private conversation, a Wake County prosecutor said the office would offer a sentence of life without parole “in a heartbeat” if the law allowed it. However, at the time, North Carolina was the only state in the nation that forced district attorneys to seek death in every aggravated first-degree murder. In 1998, a Wake jury sent Allen to death row.
Under current law, defendants willing to take responsibility for their crimes are almost never prosecuted capitally. In Wake County today, defendants are tried for the death penalty only if they refuse to plead guilty to first-degree murder. If they agree to plead guilty, as Allen did, they receive a sentence of life without parole. Documented serious mental illness like Allen’s is another factor that, today, almost always leads a prosecutor to choose a life sentence over death.
Even in cases that go to capital trials, Wake juries have not voted for a death sentence since 2007. But, at the time of Allen’s trial, even people who pled guilty, committed unplanned crimes, or were so mentally ill that they could barely participate in their own defense ended up on death row. Allen was one of them.
Allen and Linda Holman married in 1992. Allen had a history of depression and suicide attempts. Linda had multiple personality disorder and a substance abuse problem; Allen was her fifth husband. From the beginning, the marriage was fraught with violence on both sides. Shortly before the murder, Allen injured his back, lost his job, and attempted suicide. Linda asked Allen to move out. She told friends she wanted him dead and wished his suicide attempt had been successful. She openly resumed her relationship with an ex-husband, and then taunted Allen by displaying a nude photo of her lover in the bedroom she shared with Allen.
The jury that sentenced Allen to death, however, had little of this context. Allen refused to cooperate with his attorneys to present mitigating evidence of his mental illness. His lawyers failed to present any evidence of Linda’s personality disorder either. The jury never knew that Linda had repeatedly shot at and tried to stab Allen in the past, or that she was openly committing adultery. What’s more, Allen’s lawyers didn’t allow him to testify in his own defense, and no one told the jury of his deep remorse for the crime. While none of this evidence excused the murder, it would have helped explain Allen’s actions and might have persuaded the jury to vote for a life sentence.
On death row, Allen’s remorse, depression, and mental illness have persisted. During a crucial period in his appeals process, he fired his attorneys and asked to be executed, so the courts were never able to fully review his case. Allen has since asked to resume his appeals, but he lost his chance to present key evidence to the courts.
- Battle Scars: Military Veterans and the Death Penalty, a report from the Death Penalty Information Center
- Double Tragedies: Victims Speak Out Against the Death Penalty For People with Severe Mental Illness, a report by the National Alliance on Mental Illness
- In-depth report: Mental Illness and the Death Penalty in N.C.