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Guy Tobias
LeGRANDE
July 1, 2008
ALBEMARLE, NC – As North Carolina and the nation are
beginning to recognize the inhumanity and unconstitutionality of
executing the mentally ill, a superior court judge in Stanly County
today ruled that death row inmate Guy LeGrande is too mentally ill to
face the ultimate punishment.
Serving as his own lawyer, wearing a Superman t-shirt and communicating
with Oprah through the television, Guy LeGrande was sentenced to death
in 1996 in Stanly County for his role in the murder for hire plot
masterminded by the victim’s husband.
LeGrande, a Black man, was tried before an all-White jury by the
District Attorney’s office that handed out gold noose lapel pins when
the attorneys won a death verdict. The victim was white, as was her
husband, the mastermind.
“This
order addresses only one of the injustices in this case,” said
LeGrande’s attorney Jay Ferguson. “If the Legislature enacts the Racial
Justice Act, the courts can examine serious issues, such as why
prosecutors excluded every African-American citizen from Mr. LeGrande’s
jury, and why they chose to prosecute the less culpable, mentally ill
Black man for death, while giving a life saving deal to the White
mastermind.”
LeGrande rambled incoherently during his trial, cursed the jury and
called them “Antichrists.” In his testimony to the jury, he told them
that “[h]ell 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.”
“Guy
LeGrande was delusional at the time of the crime, he was delusional
while representing himself in his own trial for his life, and he is
delusional today,” said Ferguson. “The court has finally stepped in and
halted a colossal miscarriage of justice, the execution of a seriously
mentally ill man.” LeGrande is also represented by attorney James
Monroe.
LeGrande was scheduled to be executed on December 1, 2006, until Judge
Robert Bell stayed the execution in order to evaluate LeGrande’s
competency. Judge Bell heard from three mental health experts during a
two-day hearing in June. One expert was hired by the State, one by the
defense, and one served as the Court’s expert. Both the Court’s and the
defense’s experts found LeGrande mentally ill and incompetent, while the
State’s expert found him mentally ill but competent.
The
Court’s expert, a Dorothea Dix psychiatrist who previously had never
found a death row inmate too mentally ill to proceed, could not conclude
that LeGrande was competent. The expert cited LeGrande’s belief,
written in a letter to his sister, that “my pardon is coming through and
I’m getting three billion dollars” as evidence of his delusional
disorder. In the Court’s expert’s opinion, LeGrande’s delusional
disorder “interfere[s] with his appreciation of the nature and object of
the proceedings against him.”
“Execution is to be reserved for the worst crimes and the most culpable
offenders,” said Triangle psychiatrist Holly Rogers. “Both the mental
health and legal communities are asserting that seriously mentally ill
offenders, like Mr. LeGrande, simply cannot understand the consequences
of their actions enough to make the death penalty a just punishment.”
Recently the American Psychological Association, the American
Psychiatric Association, The National Alliance for the Mentally Ill, and
the American Bar Association called for changes in the law, to ensure
people with serious mental illness are not executed. A bill was
introduced in the North Carolina General Assembly last year that would
exempt the seriously mentally ill from capital punishment. Other states
have also introduced bills and are considering the issue.
An
April 2007 poll found that a majority of North Carolinians believe that
mentally ill offenders should not be subject to execution.