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Thread: Us Carnell Petetan, Jr. - Texas

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    Us Carnell Petetan, Jr. - Texas




    DA To Seek Death Penalty In Trial Of Local Man Accused Of Killing Wife

    McLennan County District Attorney Abel Reyna confirmed Friday he plans to seek the death penalty in the capital murder trial of a man accused of shooting his wife to death in September at a local apartment complex and abducting his 9-year-old daughter.

    Us Carnell Petetan was indicted for capital murder earlier this month in the Sept. 23 death of Kimberly Petetan, 41, who was shot repeatedly during what police say was a heated argument at the Landing Apartments, in the 2500 block of East Lake Shore Drive in Waco.

    Petetan is in the McLennan County Jail in lieu of $250,000 bond and without bond on a parole violation, jail records show.

    Petetan was arrested the day after the deadly shooting when he was stopped on a traffic violation in Bryan and officers discovered he was named in a arrest warrant.

    Police also recovered Kimberley Petetan's 9-year-old daughter, who police say was abducted from the scene of the shooting the day before.

    The child wasn’t harmed and was released to other family members.

    The Petetans were married, but weren't living together at the time of the shooting, police said.

    http://www.kwtx.com/home/headlines/D...181616161.html

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    Accused wife-killer’s mental competence at issue in capital murder case

    An Austin psychologist has found that Carl Petetan Jr. is not competent to stand trial in the 2012 shooting death of his estranged wife.

    Petetan’s attorneys made the announcement Friday during a status conference in Waco’s 19th State District Court.

    In response, Judge Ralph Strother appointed Dallas psychiatrist Michael Pittman to evaluate Petetan to see if he concurs with Ollie Seay, an Austin psychologist appointed by the court as a defense expert witness.

    If the doctors disagree about Petetan’s competence, it would require Strother to hold a competency trial to determine how to proceed in the capital murder trial.

    Petetan faces the death penalty if convicted in the September 2012 shooting death of his estranged wife, Kimberly Farr Petetan, at her apartment at 2509 E. Lake Shore Drive.

    Russ Hunt Sr., who represents Petetan with Michelle Tuegel and Walter Reaves Jr., said the attorneys “consistently have had trouble communicating with him and he has had a lot of trouble understanding what is going on.”

    McLennan County District Attorney Abel Reyna said he and prosecutor Greg Davis contest Petetan’s incompetence claim.

    “We look forward to the opportunity to prove otherwise in court,” Reyna said.

    Petetan is charged with killing his wife and then kidnapping their child. The incident occurred less than five months after Petetan was released from prison after serving almost 20 years for attempted murder.

    Seay, 2009 president of the Texas Psychological Association, wrote in her report that Petetan lacks a rational and factual understanding of the proceedings against him and has difficulty communicating with his lawyers.

    ‘Intellectual disability’

    Reaves also informed Strother on Friday that the attorneys have concerns that Petetan has a “significant intellectual disability,” which could become another issue to be dealt with before or during any potential trial.

    The U.S. Supreme Court has banned executions of mentally disabled convicted killers.

    If Pittman agrees that Petetan is incompetent to stand trial, Strother likely would order Petetan sent to a state mental facility to see if he can regain his competence.

    If the doctors disagree, Strother said he might schedule a competency trial for Dec. 16 or Jan. 6.

    Jury selection in Petetan’s trial is currently slated for Feb. 7, with testimony to begin in March.

    http://www.wacotrib.com/news/courts_....html?mode=jqm
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    Competency trial slated for man charged with capital murder in estranged wife’s death

    A competency trial will begin Tuesday, with a jury determining whether a Port Arthur man can stand trial on a capital murder charge in the 2012 shooting death of his estranged wife in Waco.

    Judge Ralph Strother of the 19th State District Court on Friday denied a defense motion to delay proceedings for Carl Petetan Jr. until the U.S. Supreme Court rules on a Florida case that could redefine how states determine if a defendant is mentally disabled and incompetent for trial.

    Petetan’s attorneys, Russ Hunt Sr., Walter M. Reaves Jr. and Michelle Tuegel, previously submitted a report by Austin psychologist Ollie Seay that deemed Petetan incompetent for trial because he lacks a rational and factual understand of the case proceedings and charges against him, and also has difficulty communicating with his lawyers.

    Petetan, who was released from prison in 2012 after serving nearly 20 years for attempted murder, is accused of shooting his estranged wife, Kimberly Farr Petetan, in September 2012 at her Lake Shore Drive apartment.

    Police said he then kidnapped her son and fled before being arrested in Bryan-College Station.

    The Supreme Court has banned executions of mentally disabled defendants, but left it up to individual states to define the standards for determining mental disabilities.

    A 2004 Texas Court of Appeals ruling set various criteria for determining whether a defendant is mentally disabled, including his or her IQ, as well as a range of behavioral attributes like the ability to respond coherently to oral and written questions or formulate and execute plans instead of acting solely on impulse.

    “We’re speculating on what impact (a Supreme Court ruling) is going to have, but I think it’s going to have some impact,” Reaves said in Friday’s hearing on delaying the trial proceedings.

    “At some point in time, there has to be some process in place, and I think that’s what the Florida case is concerned about. You have to have some protection in place against executing somebody that’s actually mentally retarded.”

    But Strother opted to proceed with next week’s competency hearing, citing uncertainty on how soon the high court will rule and whether the decision will have an impact beyond Florida, which has a different litmus test for determining mental disabilities.

    “We’ll proceed on with this case, and if (the Supreme Court’s decision) gives some guidance and enlightenment, we’ll deal with that if and when it comes out,” Strother said.

    McLennan County Assistant District Attorney Greg Davis declined to comment after Strother’s ruling.

    “That’s the judge’s decision,” Reaves said of the motion being denied. “If he’s convicted, obviously it will most likely be an issue for an appeal.”

    Dallas psychiatrist Michael Pittman, who was appointed by Strother to evaluate Petetan at the request of the district attorney’s office, ruled Petetan competent, though he noted that the defendant has below-average intellectual abilities.

    The differing psychological reports triggered the competency trial. Jurors will hear arguments and decide whether the capital murder trial can proceed or if Petetan may be sent to a state psychiatric facility to see if he can regain competence.

    If Petetan is ruled competent, jury selection for the capital murder trial will begin Feb. 17, with testimony starting on April 7.

    http://www.wacotrib.com/news/courts_....html?mode=jqm
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    Juror questionnaires approved in capital murder case

    About 500 potential jurors will be asked to reveal their personal thoughts and private information Friday as they answer 121 questions that will assist jury selection in the Carnell Petetan Jr. capital murder trial.

    McLennan County District Attorney Abel Reyna and his top assistants, Greg Davis and Michael Jarrett, and defense attorneys Walter M. Reaves Jr. and Michelle Tuegel worked out the final questions for the 22-page questionnaire Monday morning with 19th State District Judge Ralph Strother.

    The questionnaires have become standard in cases in which the state is seeking the death penalty. They give attorneys insight into how potential jurors feel about capital punishment, the criminal justice system and a variety of other topics, including what bumper stickers prospective jurors have on their cars.

    Petetan, 36, of Port Arthur, is claiming to suffer from an intellectual disability that his attorneys say should make him ineligible for execution and incompetent to stand trial.

    Petetan is charged with capital murder in the 2012 shooting death of his estranged wife, 44-year-old Kimberly Farr Petetan, five months after he was released from serving almost 20 years in prison for attempted murder.

    A jury in 19th State District Court found Petetan competent to stand trial last month.

    Strother told the attorneys during a hearing Monday that he is concerned that the length of the questionnaire will overwhelm prospective jurors, adding that some of the questions proposed by attorneys essentially seem to be asking the same question in a slightly different way.

    Besides being asked about their jobs, families and educational backgrounds, the panel must reveal if they or a close family member or friend has been treated for emotional, psychiatric or substance abuse problems; what their feelings are about psychiatrists or other mental health professionals; what church they attend; and whether their place of worship has a position on the death penalty.

    The panel will be asked what their three favorite television programs are; to name three people they admire most and least; and whether they consider themselves liberal, conservative or moderate.

    The lawyers want to know the panel’s overall impressions of prosecutors, criminal defense lawyers and police officers; whether they trust the criminal justice system; and whether they think laws treat criminals too harshly or too leniently.

    Strother rejected a few questions that the defense attorneys asked to be included about potential jurors’ views about racial prejudice after prosecutor Davis objected that they were “simply a broad sweep” attempt to insert race into the proceedings.

    In cases in which prosecutors are seeking the death penalty, potential jurors are questioned individually. That process, which begins Feb. 24, can take from four to six weeks.

    Testimony is set to begin April 7.

    http://www.wacotrib.com/a/juror-ques...baaa7833c.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Poking around for a picture of the victim and came across this jewel. Yes, those are TDCJ Inmate Whites. Now, one cannot help but wonder why she sought out an inmate, convicted of attempted murder, who had served 20 years in prison. Facial tats. Ugh.



    Maybe she thought he was just another "open-minded, easy to get along with" convict who "knows how to treat a friend". Oh, and maybe she had no clue of his attempted murder conviction, because he lied about it.


  6. #6
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    DON'T DATE INMATES, case in point!
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Oh come on, it's completely safe - you know, because they said so. Ha!

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    Deputies to round up no-show jurors

    By TOMMY WITHERSPOON
    The Waco Tribune

    Judge Ralph Strother hopes a subtle reminder will instill a sense of civic responsibility into those who regard a jury summons as an optional invitation, especially in cases in which a defendant’s life hangs in the balance.

    Strother ordered writs of attachment to be served to 120 no-show potential jurors in the capital murder trial of Carnell Petetan Jr.

    A jury panel of 500 has had two chances to appear in Waco’s 19th State District Court to fill out personal background questionnaires to aid in jury selection for Petetan’s trial.

    Of the 500 summoned to court Feb. 7, about 120 did not report then or Friday and have made no effort to contact the court or the district clerk’s office.

    That prompted Strother to order the clerk’s office to prepare the writs, which instruct sheriff’s deputies to contact the prospective jurors and, if necessary, bring them to court.

    Only one writ of attachment was issued Friday. That went to a man who said he would not appear because he had diarrhea, but when asked about alternate dates, eventually said he would not report under any circumstances. The man then invited deputies to “come get him,” court officials said.

    The rest of the writs will be issued this week.

    “I am issuing writs of attachment to impress upon people that jury service is not only an important responsibility, it is a very serious undertaking,” Strother said. “We want to encourage people to take it seriously.

    “From time to time, the general public just needs reminding that our system of jurisprudence has been handed down from generations and it was built by a lot of sacrifice to ensure that everybody gets a fair trial. Part of ensuring that we give everybody a fair trial is to require that citizens discharge their responsibility of serving on juries,” the judge said.

    Petetan, 36, of Port Arthur, is charged with capital murder in the 2012 shooting death of his estranged wife, 44-year-old Kimberly Farr Petetan, five months after he was released from serving almost 20 years in prison for attempted murder.

    Petetan claims to suffer from an intellectual disability that his attorneys say should make him ineligible for execution and incompetent to stand trial. A 19th State District Court jury found Petetan competent to stand trial last month.

    In cases in which prosecutors are seeking the death penalty, potential jurors are questioned individually.

    That process, which begins Feb. 24, can take from four to six weeks.

    In cases that result in the death penalty, every aspect of the trial is reviewed upon appeal, including the jury selection process, the demographic makeup of the jury panel and reasons that prospective jurors were rejected.

    Testimony is set to begin April 7.

    http://www.wacotrib.com/news/courts_...37f8926a7.html

  9. #9
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    Judge hammers out Petetan pretrial issues

    A separate jury will not be selected to determine solely if Carnell Petetan Jr. is mentally disabled, a judge ruled Tuesday, continuing to narrow pretrial issues six days before jury selection in the capital murder case begins.

    The U.S. Supreme Court ruled in 2002 that executing those with intellectual disabilities violates the constitutional ban on cruel and unusual punishment.

    Petetan’s attorneys, Russ Hunt Sr., Walter M. Reaves Jr. and Michelle Tuegel, asked 19th State District Judge Ralph Strother Tuesday to allow a separate jury to determine if Petetan is mentally disabled and therefore ineligible for the death penalty.

    Reaves argued that if the matter was taken up before Petetan’s trial starts, it would enhance “judicial economy” in the case and would properly be treated separately from other punishment issues in the case, such as whether Petetan constitutes a continuing threat to society.

    If a separate jury found Petetan intellectually disabled, Reaves argued, he would not be eligible for the death penalty, be sentenced to an automatic life prison term if convicted of capital murder and save the court’s time by knocking out the punishment phase.

    Prosecutor Greg Davis argued that the defense’s request amounts to “the opposite of judicial economy” because it would require the court to select two juries and the parties, essentially, would have to try the case twice.

    Strother denied the request, saying he sees no reason to delay the start of jury selection on Monday.

    Petetan, 36, of Port Arthur, is charged with capital murder in the 2012 shooting death of his estranged wife, 44-year-old Kimberly Farr Petetan, five months after he was released from serving almost 20 years in prison for attempted murder.

    Petetan claims to suffer from an intellectual disability that his attorneys say make him incompetent to stand trial and ineligible for execution. A 19th State District Court jury found Petetan competent to stand trial last month.

    In arguing against the motion Tuesday, Davis told the judge that juries can find intellectual disability a “double-edge sword,” saying some could view such evidence as mitigating and others aggravating.

    He said it is important for jurors to hear other evidence besides matters relating only to his mental health so they can decide if his alleged actions were driven by premeditation, calculation and to give a better picture of his thought processes.

    Strother also gave attorneys an update on the writs of attachment he issued for the 120 potential jurors who did not show up on two occasions earlier this month to fill out questionnaires in the case and have not contacted the court. Strother said deputies will contact the no-shows, but will not order them to come to court in Petetan’s case. They will be rescheduled for other court cases, Strother said.

    Among those who were unable to show up for court but who contacted the district clerk’s office about their jury service were Baylor President Ken Starr, a former judge and special prosecutor, and professional fisherman Alton Jones, who is preparing for this weekend’s Bassmaster Classic in Alabama.

    District Clerk Karen Matkin said her office mailed questionnaires to Starr and Jones last week. Neither had returned it by Tuesday afternoon, Matkin said.

    In cases in which the state seeks the death penalty, potential jurors are questioned individually about their beliefs on capital punishment, the criminal justice system and a wide array of topics.

    “We are looking forward to talking to members of the community who are willing to come in and serve,” Tuegel said.

    Testimony is set to begin April 7.

    http://www.wacotrib.com/news/courts_...55859fe30.html

  10. #10
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    I would LOVE to see the marriage affidavit, and some writings to his "wife" prove whether or not this is another retard-on-death row case.

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