ALBEMARLE, North Carolina (AP) -- A judge ordered an execution delayed for 60 days Monday so psychiatrists can evaluate a man who wore a Superman T-shirt while representing himself at trial and pleaded with jurors to sentence him to death.

Guy Tobias LeGrande, 47, had been set to die Friday for the 1993 murder Ellen Munford, whose estranged husband offered to pay him $6,500 from a $50,000 life insurance policy.

The stay of execution granted Monday by Stanly Superior Judge William R. Bell includes 45 days for psychiatrists to submit their observations and evaluations to the court.

Death penalty opponents argue that LeGrande is one of the nation's most extreme examples of a mentally ill person who never should have been allowed to represent himself. Prosecutors suggest his courtroom antics were parts of an elaborate act.

Defense attorney James Coleman, a Duke University law professor, says a psychiatrist who recently examined LeGrande's records concluded that he is psychotic. The defense LeGrande believes the governor has already pardoned him and that he will receive billions of dollars from the state once freed.

Michael Parker, the current district attorney, said transcripts from LeGrande's 1996 trial show he appeared to know what he was doing much of the time. LeGrande's outbursts came at the end of the trial, when he didn't get the verdict he wanted, Parker said.

Beyond the issue of whether LeGrande should have been allowed to represent himself, his defenders question whether the state should execute an inmate they believe is mentally ill. Both the American Bar Association and American Psychiatric Association oppose executing defendants with severe mental disorders.

Perhaps he thought it was death by green kryptonite rather than lethal injection. If I found out otherwise, I'd appeal too.

can't use kryptonite, it doesn't make the defendant drowsy enough.

I don't know about you guys, but if a defendant showed up for trial in a t-shirt of any flavor, well there would be at minimum a recess.

He shoulda gone with a CHICKENMAN t-shirt. There's always the hope that the superior legal knowledge of Chickenman might rub off by osmosis from the shirt.


[This message was edited by Greg Gilleland on 11-28-06 at .]

if your capital murder defendant insists on wearing a superman shirt, how do you handle it?

Since when does the defendant get to dictate how he dresses for trial? Everyone in a courtroom is subject to the judge's rules. That's why prosecutors wear suits and ties.

Does a defense attorney get to wear T-shirts with the hero of their choice?

The DA from NC is a friend of mine, the defendant actually did a pretty credible case at trial, then lost and became very crazy. Michael (who was an assistant DA before he took the top spot) is as you can imagine taking a Texas size beating from the same folks we hear from around here. I hope he gets the people of NC a just resolution.

quote:

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Originally posted by JB:
Since when does the defendant get to dictate how he dresses for trial? Everyone in a courtroom is subject to the judge's rules. That's why prosecutors wear suits and ties. Does a defense attorney get to wear T-shirts with the hero of their choice?

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I've had on bond defendants show up in plain t-shirts and jeans and basically wear the same clothes every day of a several day felony trial. His choice.

I had a murder defendant sit in court for a week this past summer looking every bit the twin of Charlie Manson (it was the lovely hairdo that made them so similar, I don't think a comb had been run through his long lovely locks for several months) and a rumpled western shirt. Same shirt all week. He was jailed but had family and friends who could have brought him more clothing, but it again, was his choice.

Where is the line drawn?

I know no one goes naked in Georgetown, EVER, but every courtroom I have been in generally requires that the defendant be attired in shirt and pants and leaves it up to the defendant to select his appropriate attire.

Could a court dictate that a jailed defendant wear a certain manner of attire, i.e. shirt with a collar, etc? Under what theory could a court enforce this in the event a defendant refused to remove his superman shirt for a cap case?

So the Court says, "hey Mr. D, we're not going to try your case unless you are properly attired." The defendant says, "OK great, take me back to jail. I ain't taking off my superman shirt."

What happens next? Contempt of Court? Sort of pales in comparison to the death penalty.

[This message was edited by Greg Gilleland on 11-28-06 at .]

[This message was edited by Greg Gilleland on 11-28-06 at .]

On the one hand, I'd say washing of the hands is fine. On the other hand, isn't that the type of bizarre behavior that becomes fodder for the writ later (i.e., he's not competent, he's retarded, his attorney's retarded, etc.)? Are there any gains to be made at the trial level when faced with Jorel (either by highlighting things that show he's acting a fool on purpose, or simply doing nothing)? I'm just asking because I'd like to read the responses.

hmm court attire and tactics...well I can tell you that if you are a 20 year old female defendant in east texas on trial for shaking your baby to death then a a hot pink mini skirt, high heels, and pig tails are a bad idea.

If bizarre behavior is your best hope of avoiding the executioner's needle then you'd have to be crazy NOT to try it.

so what are some good ways of responding? or is not responding the best course of action?

Did I miss something? He WORE a superman t-shirt. But there's no mention that he THOUGHT he actually was superman. So what. Not what I would recomend a client wear, but hey, to each his own. The whole good guys wear white and bad guys wear black has been long gone (GO SPURS GO! GO SPURS GO!)

Perhaps the prosecutor should dress like Clark Kent.

Or Lois Lane

Yes, Stacey, we'd all love to see JB dressed up as Lois Lane.

I'm pretty sure tickets to see that would sell out faster than any possible Bowl combination !!!!

Sorry JB

quote:

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Originally posted by Gretchen:
Yes, Stacey, we'd all love to see JB dressed up as Lois Lane.

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Er, not everyone would love that. Well, maybe Leslie Cochran would, for those of you who know of the infamous Austin community activist.

i'd have to vote no on that one, too.