Emile Pierre Duhamel
Procedural History
1984 - 1998

 


August 22, 1984: Emile Duhamel indicted in Cameron County, Texas for capital murder in the death of Jonette Edmunds.

August 24, 1984: Note in district clerk's file attached to form for appointment of defense counsel: "This defendant has refused to sign this request, and says he has an attorney. However, he cannot give me his name. I feel sure he is a mental case and has no attorney."

October 24, 1984: Court-appointed psychiatrist Dr. Jorge Cardena's first evaluation of Emile Duhamel: "It is my opinion that Mr. Duhamel knows exactly the proceedings against him, he has sufficient ability to consult with his lawyer and, as a consequence he is able to stand trial."

February 11, 1985: Court Appointed Attorney's notice of Defendant's non-cooperation and of defendant's claim to employment of his own counsel: "At the jail, counsel found defendant in a padded cell, which can, at best be described as horribly filthy and with a stench that sickens my stomach. The Defendant, himself, was also quite unkempt and dirty. Defendant repeatedly claimed he had already employed counsel of his own choosing."

February 22, 1985: Motion for the appointment of an expert witness to determine Emile Duhamel's sanity at the time of the offense.

February 26, 1985: Dr. Cardena's second (court ordered) evaluation of Emile Duhamel: " At this time I will say that Mr. Duhamel does not know the proceedings against him, cannot help his attorney on his defense, and as a consequence, he is in no position to stand trial. My recommendation for him is to start treatment which will be better accomplished in a hospital setting."

March 5, 1985: Jury determination of Emile Duhamel's competency to stand trial: Dr. Cardenas testified that Emile Duhamel was not competent to stand trial. The prosecution offered the testimony of two jail guards and a jail nurse who said Mr. Duhamel appeared normal to them. After 39 minutes of deliberation, the jury found Emile Duhamel competent to stand trial.

May 14, 1985: Emile Duhamel convicted of capital murder: Trial counsel presented no evidence regarding Mr. Duhamel's mental health during the guilt-innocence phase or the sentencing phase.

May 14, 1985: Court appointed defense expert Dr. Humberto Diaz submits his report: "Even though I had the opportunity to observe Emile Duhamel's behavior during fifty minutes, I am in no position to render a professional opinion regarding his state of mind at the time of the alleged incident, for he was not willing to provide me with the information I considered essential to arrive at a clinical opinion."

September 17, 1986: Texas Court of Criminal Appeals affirms Emile Duhamel's conviction and death sentence.

October 22, 1986: Dr. Robert Collier, in a court ordered evaluation, finds that Emile Duhamel is, not competent to be executed.

November 14, 1986: Dr Collier finds that Emile Duhamel is "presently competent to be sentenced and have his execution date fixed."

May 20, 1987: Application for habeas corpus filed in state court: Habeas counsel raises numerous constitutional claims, including a claim that Emile Duhamel is not competent to be executed."

November 14, 1988: Hearing on execution competency held: The trial court appointed an expert for the defense, an expert suggested by the state, and a court's expert--Dr. Robert Collier. Mr. Duhamel's primary treating therapist on death row testified that he was incompetent. In addition, a psychologist found evidence of long-term, permanent organic brain impairment and concluded from elementary school records that Mr. Duhamel had been cognitively functioning at very low levels since childhood.

Dr. Collier testified that Mr. Duhamel was not mentally retarded, although Dr. Collier did not perform any psychological testing, because he did not believe that such tests produced valid clinical data. Dr. Collier concluded that Mr. Duhamel was competent to be executed. The trial judge agreed.

1989: Petition filed for writ of habeas corpus in federal court

1991: Federal district court grants Emile Duhamel habeas corpus relief: the court found trial counsel constitutionally ineffective at the punishment phase for failing to raise mitigating evidence of Mr. Duhamel's mental competency.

March 2, 1992: United States Court of Appeals for the Fifth Circuit reverses the federal district court's decision granting relief.

1992-1995: Remaining claims in federal petition for writ of habeas corpus litigated.

October 4, 1995: Trial court appoints Dr. Robert Collier to conduct evaluation of Emile Duhamel.

October 12, 1995: Trial court refuses to appoint counsel or mental health expert to assist Emile Duhamel.

November 6, 1995: Court of Criminal Appeals refuses to appoint counsel for Emile Duhamel. On the same day, Dr. Robert Collier reports that Emile Duhamel is presently competent to be executed.

November 7, 1995: Trial court schedules execution competency hearing for November 20, 1995.

November 20, 1995: Execution competency hearing held: Emile Duhamel unrepresented by counsel and without the assistance of a mental health expert, is found competent to be executed after a 14-minute hearing.