A Times Editorial

Review Provenzano's competency

Thomas Provenzano claims to be Jesus Christ. He stuffs rags into his mouth to stave off demons. And, although the U.S. Supreme Court ruled that it is unconstitutional to execute anyone who ""lacks the mental capacity to understand'' what is about to happen or why it is going to happen, Provenzano is scheduled to die next week in Florida's electric chair.

© St. Petersburg Times, published September 16, 1999

Is Provenzano insane and therefore unfit for execution, as his lawyers have argued for more than a decade? Or is he faking it, as prosecutors maintain?

Unfortunately, we just don't know. But at least one mental health professional has raised serious questions about Provenzano's sanity -- questions the state has been unwilling to hear.

Provenzano, convicted of killing an Orange County court bailiff 15 years ago, has displayed symptoms of mental illness ever since. His problems have been documented by prison doctors, who have even prescribed drugs. But he has fallen through the cracks of a court system that, to date, has failed to adequately assess his mental state.

Even the Florida Supreme Court is concerned. During oral arguments this week, the justices wondered why, in the recent competency hearing held by Senior Judge E. Randolph Bentley, the judge was not willing to delay the proceeding to allow testimony from a key defense witness. Wyoming psychologist Patricia Fleming has examined Provenzano on and off for 10 years and believes he is insane. The justices asked why Provenzano's lawyer, Michael Reiter of the Tampa office of the Capital Collateral Representative, failed to contact the psychologist early in the process. They noted a letter from Fleming, expressing "grave concern" about the process, including the judge and Provenzano's lawyers. "At best," Fleming wrote, "Mr. Provenzano knows he is being executed because he is the one and only Jesus Christ and they hate Jesus Christ."

No doubt there are other psychologists who would disagree. But Bentley's refusal to delay the hearing from Aug. 30 to Sept. 7 -- hardly an unreasonable wait -- created an imbalance that gave the state a decisive upper hand. Bentley did not want to wait, because he did not want to delay Provenzano's execution. But even Supreme Court Chief Justice Major Harding asked the right question: "Is (avoiding a delay) more important than resolving these disputed issues of fact in the crucible of an adversarial proceeding?"

Florida's process for assessing the mental competence of inmates is inadequate. Under state law, the governor appointed a three-member panel of psychiatrists to examine Provenzano when the issue first arose. But, facing time constraints, the panel rushed to conclude that Provenzano was sane. The process settled little, for the defense continued to produce evidence of Provenzano's insanity, and the issue wound up in the courts anyway.

Only a balanced hearing before an impartial judge will result in a fair conclusion. The Florida Supreme Court should disregard Bentley's ruling, grant another stay of execution and order a new competency hearing.

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