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Thread: Gary Dwayne Haugen - Oregon

  1. #21
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    State, Haugen argue that death penalty center doesn't have standing to block execution

    A death penalty defense center doesn't have standing to ask a judge to vacate an execution warrant for convicted killer Gary Haugen, the state argued in court papers filed today.

    The Oregon Capital Resource Center earlier this week asked the Oregon Supreme Court to invalidate the warrant and order a hearing to determine if Haugen is competent to withdraw his appeals and decide to die.

    The organization describes itself as a legal "resource, advocacy, and training center" for attorneys and others representing capital clients. Its director, Jeffrey Ellis, is a board member with Oregonians for Alternatives to the Death Penalty.

    The Oregon Department of Justice -- and Haugen himself in a hand-written filing -- oppose the center's attempt to intervene.

    "OCRC has no direct interest in Mr. Haugen's case. It does not represent Mr. Haugen in this or any other litigation, and, in fact, it has filed the present petition without Mr. Haugen's consent," the state response said.

    Haugen said the center's petition is "unauthorized" and asks the court to dismiss it. He also said he knows what he's doing.

    "Wanting to die does not constitute mental illness or delusional thinking that stems from some mental illness disorder," he said.

    Haugen disputed findings by Muriel Lezak, a neuropsychologist who examined him, that he suffers from "a delusional disorder."

    "She doesn't cite or quote any evidence from her interview that would support the aforementioned conclusion other than my reasons for wanting to be executed," Haugen wrote.

    Haugen is scheduled to die by lethal injection on Aug. 16. He and another prisoner, Jason Brumwell, were sentenced to death in 2007 for the murder of a fellow inmate. Haugen had been serving a life sentence with the possibility of parole for beating to death his former girlfriend's mother in 1981.

    Marion County Circuit Judge Joseph Guimond last month signed Haugen's death warrant after finding Haugen competent.

    http://www.oregonlive.com/pacific-no...execution.html

  2. #22
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    Oregon Supreme Court blocks planned execution

    PORTLAND, Ore. (AP) — The state Supreme Court has blocked a planned execution in Oregon until there's more consideration of the inmate's mental competence.

    The court agreed with a filing by the Oregon Capital Resource Center, which said a neuropsychologist found Gary Haugen incompetent. Haugen's execution was set for Aug. 16.

    To determine his competence, Marion County Circuit Judge Joseph Guimond asked Haugen 20 questions and decided that Haugen answered them satisfactorily, proving to Guimond that he could fairly decide for himself whether he wanted to waive his appeals.

    If carried through, the execution will be the state's first in 14 years.

    Haugen had written to court officials since 2008 asking to drop his appeals, complaining about a "costly broken system" and a criminal justice process he called arbitrary and vindictive.

    Oregon's last execution was in 1997. The state has executed two inmates since voters reinstated the death penalty in 1984, and both had waived their appeals. Oregon has 35 men and one woman on death row, including Haugen.

    http://www.beaumontenterprise.com/ne...#ixzz1QiboIowD

  3. #23
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    Judge agrees to set aside Gary Haugen's death warrant

    The Marion County judge who previously authorized Gary Haugen’s Aug. 16 execution has agreed to set aside the death warrant and conduct a mental competency hearing for the condemned inmate.

    Circuit Judge Joseph Guimond said today in a letter to the attorneys for Haugen and the Marion County District Attorney's Office that revocation of the death warrant cancels the scheduled Aug. 16 execution.

    Plans now call for Guimond to preside over a second death warrant hearing for Haugen, at a date yet to be determined.

    That hearing will last for a full day, he said.

    After hearing the findings about Haugen’s mental state, Guimond will then pose a series of questions to the inmate, as he did nearly two months ago at the initial death warrant hearing.

    “At the conclusion of all of these questions, and based upon all of the evidence presented to me, I will make the appropriate findings of fact as to whether Mr. Haugen is competent and voluntarily is waiving all of his existing appeal rights and should receive the death penalty,” the judge wrote. “I will then either sign the death warrant or I will not.”

    Last week, the state Supreme Court ordered that the execution be called off, at least temporarily, until questions concerning Haugen’s mental competency can be addressed.

    The high court directed Guimond to take the following actions: invalidate the death warrant he issued in May, order a mental evaluation for Haugen, hold a hearing to determine his competence, and rescind his decision allowing Haugen to dismiss his court-appointed attorneys.

    The Supreme Court said the judge must agree to take those actions or explain why his previous rulings should stand.

    In today’s letter Guimond stated: “While I strongly disagree with the Supreme Court’s findings and decision, I nevertheless will follow its mandate.”
    Guimond said a status conference on the case will be held July 14.

    “At that conference, I would expect defense counsel to have a doctor identified and a date and time set for the evaluation of Mr. Haugen,” he wrote.

    The Marion County District Attorney’s Office will advise Guimond as soon as possible whether they choose to hire an expert to perform a separate mental competency evaluation of Haugen, the judge said.

    Haugen 49, fired his two attorneys and waived all appeals during a May 18 hearing that concluded with Guimond issuing the killer’s death warrant.

    Guimond allowed Haugen to pursue this course even though his two attorneys had produced a report by a neuropsychologist who evaluated the inmate and determined that he is not competent, according to the Supreme Court order issued last week.

    The fired lawyers, due to be reinstated with today’s developments, argued in a recent letter to the Supreme Court that defendants whose mental competence is in doubt cannot waive their appeals or right to legal counsel unless a competency hearing takes place first.

    Haugen has repeatedly stated his desire to end his appeals and move forward with the execution.

    He told the Statesman Journal today that he has not changed his mind.

    http://www.statesmanjournal.com/arti...yssey=nav|head

  4. #24
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    Edited

    Death row inmate says lawyers defy his wishes

    Condemned killer Gary Haugen is accusing his attorneys of violating his rights by working to halt his execution.

    He also alleges that his attorneys did not obtain his consent before requiring him to undergo a key psychological evaluation in May, the evaluation cited by the Oregon Supreme Court last week in ordering that his scheduled Aug. 16 execution be called off.

    Haugen leveled his complaints against attorneys Andy Simrin and Keith Goody in two letters delivered this week to the Oregon Supreme Court. The Statesman Journal obtained the documents Thursday.

    Because he is at odds with his attorneys, Haugen wrote, he is left to fend for himself on legal matters connected to his case.

    "Their vision for me is my greatest enemy — for they only want to see me rot in prison for life," he wrote.

    "I have no legal counsel to represent my legal interests. That is fundamentally unfair and I am forced to wing this while the other parties involved have attorneys to advance their unsolicited pleadings against me."

    The 49-year-old twice-convicted murderer has been in prison for almost 30 years. He has been on death row since 2007 after he was convicted of killing another inmate, David Polin, in 2003.

    "It is my right to waive all appeals and die with dignity," Haugen said in the new letters, the latest in a series of writings to the Oregon Supreme Court, expressing his desire to be executed.

    Haugen's execution indefinitely was put on hold Wednesday, when a Marion County judge agreed to follow the direction of the state Supreme Court to evaluate Haugen's mental competence before deciding whether to grant his request to be put to death.

    Circuit Judge Joseph Guimond on Thursday signed an order officially vacating the death warrant for the August execution and nullifying his previous findings that Haugen was competent to dismiss his attorneys and "legally sane for the purposes of being executed."

    Guimond has scheduled a July 14 conference to arrange for mental exams of Haugen and set a date for the mental competency hearing. He indicated that the competency hearing most likely will be scheduled in September or October.

    http://www.statesmanjournal.com/arti...news|text|News

  5. #25
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    Marion County judge orders state mental health evaluation for Gary Haugen

    Marion County Circuit Judge Joseph Guimond this morning ordered the Oregon Health Authority to conduct an evaluation of death-row inmate Gary Haugen's mental capacity within the next 30 days.

    Guimond also directed the organization to submit a report to the court within 14 days of completing its assessment.

    The evaluation is to determine Haugen's "mental capacity to engage in reasoned choices of legal strategies and options."

    Guimond agreed last week to order the review and cancel an Aug. 16 execution date for Haugen after the Oregon Supreme Court issued a decision last month demanding that the circuit judge conduct a competency hearing.

    Haugen, 49, has repeatedly stated his desire to waive future appeals and be put to death. But his attorneys say that the twice-convicted murderer is delusional and not competent and have argued for further evaluation.

    http://www.oregonlive.com/pacific-no...ry_haugen.html

  6. #26
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    Death row inmate granted request for new lawyers

    A Marion County judge today granted a request from condemned killer Gary Haugen for new attorneys, prompting one of the dismissed lawyers to call the action “a terrible miscarriage of justice.”

    The ruling came after Haugen said he would not communicate or cooperate with his attorneys, Andy Simrin and Keith Goody, because they have used “shady tactics” and pursued their own agenda in trying to prevent his execution.

    “They want me to rot in prison, and my wish is to be executed,” he said. “It’s laughable to pretend they are serving my legal interests while clearly they are opposed to my right to die with dignity.”

    In granting Haugen’s bid for new attorneys, Jamese Rhoades, presiding judge of the Marion County Circuit Court, said: “It appears to me that this relationship is irretrievably broken.

    “This court does not believe that justice will be served and that Mr. Haugen’s best interests will be served by continuing the relationship between current counsel and him.”

    The judge’s dismissal of the two attorneys came after Goody described Haugen as “psychotic” and argued that it “would be a terrible miscarriage of justice” to approve his request for new legal representation.

    In siding with Haugen, Rhoades said planned mental exams will help determine whether Haugen is competent to make a decision to die.

    Before that crucial issue is resolved, the judge found that Haugen is competent to dismiss his attorneys and request substitutes.

    “He is clearly articulating his desires,” she said.

    By today, Rhoades plans to appoint a new lawyer, perhaps two, to represent Haugen.

    The judge scheduled another status conference on the case for next week.

    Rhoades presided at Thursday’s hearing because Simrin and Goody previously filed a motion seeking to remove Marion County Circuit Court Judge Joseph Guimond from the case.

    Haugen’s new attorney, or attorneys, will decide whether to continue the effort to recuse Guimond or drop the issue.

    Thursday’s court session initially was set to hash out timeframes for mental evaluations of Haugen, but it morphed into a verbal tussle between the inmate and his attorneys, culminating in them being fired.
    In asking Rhoades for substitute attorneys, Haugen complained that Simrin and Goody had pushed their personal agenda and employed “shady tactics” to block his execution.

    In May, Haugen said, the attorneys falsely told him that he had to undergo a “mandatory” psychological evaluation by a neuropschologist, Muriel Lezak, who later asserted in an affidavit that Haugen is delusional and not mentally competent to waive his legal appeals.

    The state Supreme Court recently cited Lezak’s evaluation as a key factor when it directed Guimond to call off the originally scheduled Aug. 16 execution of Haugen, pending the outcome of further mental evaluations.

    Repeating his earlier complaints to the press, Haugen told Judge Rhoades that he did not give his written consent for Lezak’s evaluation, and he accused Simrin and Goody of violating his rights by publicly disclosing the medical information.

    “I believe my constitutional rights have been violated,” he said.

    Goody described Haugen’s complaint as “a non-issue” because he said the results of forensic evaluations are not confidential matters. He said Haugen received proper advice about the evaluation.

    Haugen, 49, a twice-convicted murderer who has spent almost 30 years in prison, has repeatedly declared his desire to drop all appeals and move forward with his execution. He says he is fed up with the legal system and doesn’t want to languish on death row.

    Goody described Haugen’s rationale for dropping his appeals as “bizarre, to say the least.”

    He also scoffed at Haugen’s apparent convergence with the prosecution’s side of the case, citing that as further proof of his “psychosis.”

    “How ridiculous is it that the client is willing to cooperate with the prosecution?” Goody asked. “That just speaks volumes to the psychotic process that is going on here.”

    At times, Goody’s demeanor and his remarks about Haugen prompted Rhoades to interject.

    At one point, the judge admonished Goody for his “disdainful” facial expressions and body language.

    At another point, Rhoades said Goody’s comments appeared to cross the line between professional and personal. “It sounds personal,” she said.

    As Simrin and Goody left the courthouse Thursday, both declined to comment on their removal from the case.

    After his courtroom victory, Haugen was transported back to death row at the Oregon State Penitentiary in Salem

  7. #27
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    Dismissed attorneys fight back in death penalty case

    Hours after two attorneys for condemned killer Gary Haugen were dismissed from the case by a Marion County judge on Thursday, they filed a petition asking the Oregon Supreme Court to rescind the judge's order.

    Haugen's fired attorneys, Andy Simrin and Keith Goody, are asking the high court to require Jamese Rhoades, the presiding judge of Marion County Circuit Court, to vacate the order she issued removing them as Haugen's co-counsels — or "to show cause why she should not be required to do so."

    Haugen on Friday blasted the action of his ousted attorneys, accusing them of breaking a courtroom vow to refrain from filing any new motions or petitions in the case.

    In an interview with the Statesman Journal, Haugen said that Simrin and Goody should be held in contempt of court for "blatantly lying" to Rhoades.

    "You have attorneys that have agendas that have so overpowered their ethical obligations and oaths that they're willing to sit there and just blatantly lie in the face of a presiding judge," he said.

    Simrin assured Judge Rhoades during Thursday morning's court session that he and Goody would not file anything more in connection with the case prior to the appointment of new counsel for Haugen.

    However, he retracted his vow in a letter to the judge later Thursday.

    Simrin declined to comment on Haugen's accusation Friday.

    Judge Rhoades also declined to comment.

    Haugen, 49, has long been at odds with Goody and Simrin because he wants to drop all appeals and be executed, while they have been working to prevent his death by lethal injection.

    The two attorneys recently persuaded the state Supreme Court to call off Haugen's Aug. 16 execution. The execution now is on indefinite hold pending the outcome of mental competency evaluations of the death row inmate.

    At Thursday's court hearing, Rhoades granted Haugen's request for substitute attorneys, finding that his relationship with Simrin and Goody is "irretrievably broken."

    Near the end of the hearing, Haugen said he feared that Simrin and Goody would continue to defy his wishes until the appointment of new attorneys.

    "They want just enough time to still ... be able to put in filings that they want to get filed before they are actively removed from the case," he said.

    Simrin responded: "That won't happen, your honor."

    Haugen immediately shot back: "You promise the court? Nothing will be filed? That you will file nothing in relation that has my name on it anywhere?"

    Simrin repeated his vow: "I can't envision for the life of me any filing in any court that Mr. Goody or I would be planning to file within the next 24 hours, so long as the status quo is maintained until substitute counsel is actively in place to protect Mr. Haugen's interests."

    A Marion County prosecutor suggested that Rhoades could find Simrin and Goody in contempt of court if they broke the promise.

    The judge then wrapped up the debate by indicating that she would accept Simrin's vow.

    "Mr. Simrin has indicated that they are not going to file anything on Mr. Haugen's behalf provided the status quo remains the same," Rhoades said. "I'll just indicate that if for some reason they feel compelled to file something that they'll have to obtain the permission of this court."

    Later Thursday, Simrin essentially retracted his courtroom vow in his letter to Rhoades.

    "Upon further consideration after today's hearing, Mr. Goody and I have determined that it is appropriate and necessary to file a petition for a writ of mandamus challenging today's ruling," he wrote. "I apologize for speaking too hastily in court and concluding that the petition would not be necessary."

    Rhoades' office said Friday afternoon that the judge had not seen the petition and that she would not comment on it.

    In asking the Supreme Court to vacate Rhoades' order, Simrin and Goody noted that they had explained to the judge at Thursday's hearing that "the court should not make a decision on whether to remove counsel" based on the request of someone "who has been determined to be delusional and incompetent by the only mental health professional to examine him following the issuance of the appellate judgment."

    In May, a neuropsychologist deemed Haugen delusional and incompetent to be executed. The Supreme Court cited that evaluation as a key factor in calling off the Aug. 16 execution, pending the outcome of further evaluations.

    Haugen claims that Simrin and Goody misled him about the previous mental evaluation and violated his rights by publicly disclosing the medical information.

    In Friday's interview, Haugen described the actions of his dismissed attorneys as "more and more desperate, more and more frantic."

    He left no doubt about his decision to part ways with them.

    "If they won't respect the judge, you think they're going to respect my rights?"

    http://www.statesmanjournal.com/arti...news|text|News

  8. #28
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    Dismissed Haugen attorneys lose bid to stay on death penalty case

    Two attorneys fired last week by death row inmate Gary Haugen lost their bid to stay on the case Monday.

    The Oregon Supreme Court denied a petition filed by attorneys Andy Simrin and Keith Goody. They had asked the court to vacate a Marion County judge’s order dismissing them as Haugen’s lawyers.

    Also Monday, the Supreme Court dismissed an “emergency” motion filed the same day by Simrin and Goody. They had asked the court to halt any further Marion County Circuit Court proceedings in the Haugen case until the petition was settled.

    The Supreme Court threw out the motion, deeming it “moot,” after denying the petition.

    Two attorneys fired last week by death row inmate Gary Haugen lost their bid to stay on the case Monday.

    The Oregon Supreme Court denied a petition filed by attorneys Andy Simrin and Keith Goody. They had asked the court to vacate a Marion County judge’s order dismissing them as Haugen’s lawyers.

    Also Monday, the Supreme Court dismissed an “emergency” motion filed the same day by Simrin and Goody. They had asked the court to halt any further Marion County Circuit Court proceedings in the Haugen case until the petition was settled.

    The Supreme Court threw out the motion, deeming it “moot,” after denying the petition.
    Simrin and Goody were dismissed from the case last week, when Marion County Circuit Judge Jamese Rhoades agreed with Haugen that his relationship with Simrin and Goody is “irretrievably broken.”

    Haugen, 49, has been at odds with Goody and Simrin because he wants to drop all appeals and be executed, while they have been working to prevent his death by lethal injection.

    The two attorneys recently persuaded the state Supreme Court to call off Haugen’s Aug. 16 execution, which now is on indefinite hold pending the outcome of mental competency evaluations of the inmate.

    Though Monday’s Supreme Court ruling bolstered Haugen’s decision to part ways with Simrin and Goody, attempts to appoint a new attorney for the condemned killer hit a roadblock over the weekend.

    Benjamin Kim, a Lake Oswego attorney appointed by Rhoades on Friday to serve as Haugen’s new attorney, sent an e-mail to the judge on Saturday indicating that he wanted to withdraw from the case.

    Kim told the judge he decided to withdraw after talking to Simrin and Goody and becoming “much more familiar with the volume of information and the time constraints in this case.”

    Kim added: “With all candor, I do not believe I can competently and adequately prepare to address the issues before the court in the time frame contemplated by the court.”

    In an e-mail response to Kim Saturday evening, Rhoades said she would consider his request to opt out of the case “only when” the director of Oregon’s public defense system “has found suitable, competent counsel because I will not leave Mr. Haugen without counsel.”

    Legal representation for Haugen is expected to be ironed out soon. A status conference on the case is scheduled for Thursday in Marion County Circuit Court.

    Order denying petition in Haugen case


    www.statesmanjournal.com.

  9. #29
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    Death-row inmate heading back to Salem court

    SALEM, Ore. (AP) — An Oregon death-row inmate who wants to fast-track his execution is heading back to a courtroom in Salem.

    A Marion County Circuit Court judge will hold a hearing Thursday, likely to discuss psychological evaluations of 49-year-old inmate Gary Haugen and a timeframe for determining whether he is competent to waive his remaining appeals.

    Haugen has been convicted twice of murder. His execution was scheduled for next month, but it was canceled after his lawyers said they believed he was delusional and incompetent to decide not to appeal.

    Haugen won a bid last week to fire his lawyers. Thursday's hearing will be the first with his new attorney.

    http://www.oregonlive.com/newsflash/...fd264d3c9d32d9

  10. #30
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    Judge schedules hearing on inmate's competence

    An Oregon judge has scheduled a hearing next month to decide whether death-row inmate Gary Haugen is competent to waive his appeals and be executed.

    A psychologist is to examine Haugen later this month in preparation for the hearing.

    Marion County Circuit Court Judge Joseph Guimond (guh MOND') said Wednesday the hearing will be Sept. 27.

    Guimond held a similar competency hearing earlier this year, ruled that Haugen was competent to waive his appeals, and scheduled an execution for this month. But that execution was cancelled after the state Supreme Court ruled that Haugen should be evaluated more thoroughly.

    http://www.mycentraloregon.com/news/...ompetence.html

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