Kelsey Patterson

Overview

Kelsey Patterson was executed by lethal injection in Texas on May 18, 2004, after a jury convicted him of capital murder for fatally shooting Louis Oates and Dorothy Harris in Palestine. Patterson was diagnosed as mentally ill, with paranoid schizophrenia, and he repeatedly claimed that his actions were controlled by implanted devices and other conspiracies. He also repeatedly claimed that he had received “amnesty” and a permanent stay of execution on grounds of innocence.

People

• Kelsey Patterson — convicted capital murderer; later executed.
• Louis Oates — owner of Oates Oil Company; fatally shot.
• Dorothy Harris (also referred to as Dorothy “Kay” Harris) — Oates’ secretary; fatally shot.
• Richard Lane — coworker shot in 1980; survived.
• Kevin Hughes — coworker shot in 1983; survived.
• Michele Smith — daughter of Dorothy “Kay” Harris; sought execution to allow her “to turn a page.”
• David Simpson — Patterson’s half brother who testified during the trial’s punishment phase.
• Mark Bashus — witness who testified at trial.
• Lester Gross — former Oates Oil Company truck driver; testified at trial.
• Eddie Jowell — construction worker; testified at trial.
• Beckie Carrico — Dorothy Harris’s sister.
• Jeff Herrington — Anderson County district attorney at the time of the killings.
• Doug Lowe — Anderson County district attorney (out of town during the hearing mentioned).
• J. Gary Hart — Patterson’s lawyer.
• Robin Norris — Patterson’s Austin-based attorney who filed motions referenced in connection with the execution schedule.
• Deborah Oakes Evans — 87th State District Judge who denied a motion for appointment of two mental health experts.
• Sue Korioth — special prosecutor from Dallas.
• Gary Hart — referenced as Patterson’s attorney in multiple places.
• Governor Rick Perry — denied clemency and rejected a stay.
• Texas Board of Pardons and Paroles — voted 5-1 recommending commutation or a reprieve.
• Michelle Lyons — Texas Department of Criminal Justice spokeswoman.
• Rissie Owens — Chairwoman, Texas Board of Pardons and Paroles (listed in clemency information).
• Kathy Walt — spokesperson for the governor.

Timeline

• May 7, 1980 — Patterson shot Richard Lane twice while they were working together at a Dallas hospital; Lane survived; Patterson did not stand trial because he was found mentally incompetent.
• November 20, 1983 — Patterson shot Kevin Hughes in the arm and chest without provocation while they were working together at a Palestine restaurant; Hughes survived; Patterson did not stand trial because he was found mentally incompetent.
• September 25, 1992 — Patterson was arrested for murders of Louis Oates and Dorothy Harris.
• October 16, 1992 — Patterson was indicted for capital murder in Anderson County.
• June 1993 — An Anderson County jury found Patterson competent to stand trial.
• July 1, 1993 — An Anderson County jury found Patterson guilty of capital murder and assessed a death sentence.
• July 1993 — Patterson was sentenced to die for fatally shooting Louis Oates and Dorothy Harris.
• Nov. 29, 1995 — Texas Court of Criminal Appeals affirmed Patterson’s conviction and sentence on direct appeal.
• Dec. 8-9, 1997 — State habeas trial court conducted an evidentiary hearing after granting Patterson funds to retain mental health expert, concerning claims including incompetency to be executed.
• Mar. 10, 1998 — State habeas trial court issued findings of fact and conclusions of law and recommended denial of habeas corpus relief.
• May 13, 1998 — Texas Court of Criminal Appeals denied habeas corpus relief.
• Jan. 22, 2001 — U.S. District Judge Paul Brown denied Patterson’s request for habeas corpus relief.
• May 23, 2003 — 5th U.S. Circuit Court of Appeals affirmed district court’s denial of habeas relief.
• Nov. 10, 2003 — U.S. Supreme Court denied certiorari review.
• Dec. 23, 2003 — State trial court scheduled Patterson’s execution for May 18, 2004.
• Jan. 28, 2004 — Patterson filed a motion to determine his competency for execution.
• Mar. 26, 2004 — State trial court conducted a hearing on Patterson’s Article 46.05 motion.
• Mar. 31, 2004 — State trial court concluded Patterson failed to raise substantial doubt regarding his competency.
• May 11, 2004 — A U.S. district court denied Patterson’s request for a stay of execution.
• May 18, 2004 — Patterson was executed by lethal injection in Texas; was pronounced dead at 6:20 p.m.

The offence

At about 3 p.m. on September 25, 1992, Patterson left his home in Palestine with a .38-caliber pistol in his hand. He walked to Oates Oil Company, about a block away from his home, and without warning shot Louis Oates, the company owner, in the head. Oates fell to the ground in front of the loading dock and Patterson walked away.

Dorothy Harris, Oates’ secretary, walked out onto the loading dock and saw Oates’ body on the ground. She began screaming. Patterson returned and shot Harris. After the shootings, Patterson walked back to his house, put down the gun, and removed his clothing. He then walked up and down the street in front of his home.

Police arrived a short time late and arrested Patterson for his involvement in the double murder.

Victim ages and identifiers stated in the record

• Louis Oates — 61 (also stated elsewhere as 63).
• Dorothy Harris — 41 (also referred to as 41-year-old and Dorothy “Kay” Harris).

Investigation and arrest

Trial

Competency to stand trial

• In June 1993, an Anderson County jury found Patterson competent to stand trial.

Verdict and sentence

• In July 1993, an Anderson County jury found Patterson guilty of capital murder and assessed a death sentence.
• During his trial, Patterson’s defense was insanity.
• During the trial, Patterson had disruptive outbursts that resulted in repeated expulsions from the courtroom, and he was removed from the courtroom on multiple occasions.

Punishment phase evidence and testimony

• In the punishment phase, Patterson’s half brother, David Simpson, testified and said that treatment would help Patterson’s condition, stating that Patterson would not be violent with medication.

Quotations (verbatim statements during proceedings)

Patterson’s verbatim statements during competency/execution-related proceedings included:

• Patterson mumbled while strapped to the death chamber gurney:
  • “No kin, no kin, no kin. I'm not guilty of a charge of capital murder. Give me my rights. I'm acquitted of capital murder.”
• When the warden asked if he had a final statement:
  • “Statement to what? Statement to what? I'm not guilty of the charge of capital murder.”
• Patterson continued:
  • “Go to hell.”
  • “Give me my life back,”
  • “Murderer ... no kin, no kin,”
  • “They're doing this to steal my money. My truth will always be my truth. No kin to you ... undertaker ... murderer. Go to Hell. Get my money. Give me my rights.”

In a recorded exchange described in the federal appeal material, during the competency-for-execution hearing:

• THE COURT: “Mr. Patterson, do you understand that I've set your execution date for May the 18th of 2004?”
• MR. PATTERSON: “No, I don't for the reason of this: I have been told I have been stayed from execution based on innocence by the Texas Court of Criminal Appeals and stayed, stayed, stayed, always stayed from execution.”
• THE COURT: “Did you receive a copy of the warrant that I signed?”
• MR. PATTERSON: “No.”
• THE COURT: “Okay. Do you know or understand that you're convicted of killing Dorothy Harris [and] Louis Oates?”
• MR. PATTERSON: “Do I know?” Later in that hearing:
• THE COURT: “Do you understand that I've set your execution date for May 18th, 2004?”
• MR. PATTERSON: “I get what you're saying. And I said my rights of amnesty.”
• THE COURT: “My rights to amnesty. Is that what you said?”
• MR. PATTERSON: “Yeah.”
• THE COURT: “.... Mr. Patterson, do you understand that there's no more stays? ....”
• MR. PATTERSON: “No, I do not.”

Additional verbatim argument excerpts attributed to trial/prosecution commentary included:

• “You know, if you take the defense's position with this general psychological stuff, if you take - if you ever diagnose schizophrenia in the past 15 years ago, what that is going to do is give that person a licence to kill anybody, anywhere, anytime, and they come in and say, 15 years ago some psychologist said I was schizophrenic. So, because of that I just blew holes in two people's heads. You can't hold me responsible for it. That is a licence to kill”
• “You know, that's the great thing about this jury system, is you get to set the standards of what is acceptable conduct. You get to make that decision. Is that the kind of standard you are going to set in this community? Well, you know, somebody can go out, shoot somebody, raises something that happened in 1980 - 'I am not responsible'. Schizophrenic, that's what this is”.

Sentencing

Patterson was sentenced to death in July 1993.

Direct appeal

• **Nov.

Appeals and post-conviction proceedings

State habeas proceedings (mental competency to be executed)

• Dec. 8-9, 1997 — State habeas trial court conducted evidentiary hearing on Patterson’s claims, including incompetency to be executed.
• Mar. 10, 1998 — State habeas trial court recommended denial of habeas corpus relief.

Federal habeas proceedings

• 1998 — Patterson filed petition for writ of habeas corpus in federal district court.
• Jan. 22, 2001 — U.S. District Judge Paul Brown denied habeas corpus relief.
• May 23, 2003 — 5th U.S. Circuit Court of Appeals affirmed denial of habeas relief.

U.S. Supreme Court

• Nov. 10, 2003 — U.S.

Competency for execution motions and hearings

• **Jan.
• **Mar.
• **Mar.

Federal stay of execution request

• May 11, 2004 — U.S.

U.S. Supreme Court and remaining appeal activity

• May 18, 2004 — The U.S. Supreme Court and Governor Rick Perry declined to grant a stay.

Outcome

Patterson was executed by lethal injection in Texas on May 18, 2004, and was pronounced dead at 6:20 p.m. The lethal drugs took effect during his final statements.

Prior criminal history and mental incompetency findings in other cases

1980 Dallas hospital shooting (Lane)

On May 7, 1980, Patterson shot Richard Lane twice without provocation while they were working together at a Dallas hospital. Lane survived. Patterson did not stand trial because he was found mentally incompetent.

1983 Palestine restaurant shooting (Hughes)

On November 20, 1983, Patterson shot Kevin Hughes in the arm and chest without provocation while they were working together at a Palestine restaurant. Hughes survived.

Other details

Mental health status described in the case materials

Patterson was diagnosed with paranoid schizophrenia and was repeatedly described as mentally ill. During trial and later proceedings he spoke about “remote control devices” and “implants,” and he claimed he had been granted “amnesty” and a “permanent” stay of execution “based on innocence.”

During the execution period, it was described that he refused to complete paperwork associated with an execution, such as choosing a last meal or selecting witnesses, but he was offered and accepted a candy bar and a soft drink.

Clemency and parole board recommendation

The Texas Board of Pardons and Paroles voted 5-1 to recommend that Patterson’s sentence be commuted to life or that the governor grant a 120-day reprieve. Governor Rick Perry denied clemency and declined to grant a stay.

Governor Perry’s explanation included:

• “This defendant is a very violent individual. Texas has no life without parole sentencing option, and no one can guarantee this defendant would never be freed to commit other crimes were his sentence commuted. In the interests of justice and public safety, I am denying the defendant's request for clemency and a stay.”

Cleared way for execution

A death warrant was issued on Dec. 23, 2003, setting the execution date for May 18, 2004.

Meal and final interaction descriptions

It was stated that Patterson made no meal request, but he was offered and accepted a candy bar and a soft drink. Witnesses were entering the death chamber as he mumbled “Murderer ... no kin, no kin,” and other statements.

Federal case citation and holding (competency to be executed)

Patterson v. Dretke , 2004 WL 1091998 (5th Cir. 2004):

• Federal appellate holding described: the Court of Appeals held that the state court’s determination that Patterson had not raised substantial doubt as to his competency to be executed under Texas law was not an unreasonable determination of facts; the judgment was affirmed, and Patterson’s motion for a stay of execution was denied.