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Online petition asking for a new trial at:
<http://kola-hq.hypermart.net/actcaro.htm>
~~~~~~~~~~~~~~~~

The FERNANDO EROS CARO Case
PART 8 - THE TRIAL

A) INCOMPETENT TO STAND TRIAL

Fernando Eros Caro's confinement and sentence are
illegal, unconstitutional, and void under the 5th, 6th, 8th
and 14th Amendments to the U.S. Constitution, because
he was tried while incompetent to understand the proceedings
against him or to aid and assist in his defense.

Mr. Caro was rendered incompetent to stand trial by his
mental impairments, the extreme trauma induced by the
conditions of his confinement, terror arising from his personal
and cultural history or racial victimization, the incompetent and
indefensible advice of a defense mental health consultant, and
the administration of drugs for psychiatric symptoms during
his trial.

Trial of a mentally incompetent person violates the right to due
process within the meaning of the 14th Amendment. It also produces
violations of the host of trial rights protected by the 6th and 14th
Amendments, including fair trial, to present a defense, to
compulsory process, to confrontation, and to the assistance of
counsel. In a capital case such as this, it further violated the
protections of the 8ht and 14th Amendments, including the rights
to a reliable, accurate, non-arbitrary determination of capital murder
and the appropriate punishment. Fernando Eros Caro's federal
constitutional rights were violated, and the conviction and
sentence are void.
 

A1.  Competent mental health professionals would have
        determined and demonstrated that his mental health
        deficiencies rendered him incompetent to stand trial.

Fernando Eros Caro suffered from major affective disorder,
depression (bipolar type II) with psychotic features, a psychotic
illness which significantly impairs his mental functioning. He has
often experienced prolonged periods of mental dysfunction due
to major clinical depression, resulting in school failure, unsatisfactory
job performance, difficulties in maintaining interpersonal relationships,
and loss of control over impulses and actions. At times, this illness
resulted in psychosis, or loss of touch with reality. The onset of this
illness was most likely in his development years.

Fernando Eros Caro also suffered neurological damage due to
chronic and acute exposure to neurotoxic chemicals and head
trauma. In addition, he suffered head trauma in the course of
abuse at the hands of his parents and from accidental causes,
which contributed to his neurological damage.

Fernando Eros Caro had learning disabilities that impaired his
ability to process information and under stand its meaning. These
learning disabilities contributed to his failures in school and his
difficulties in English courses. At the time of trial, these learning
disabilities became more pronounced by extremely stressful
external events over which he had no control. Mr. Caro was unable
to keep pace with courtroom proceedings, to understand the
meaning of testimony and retain the information, to relate the
testimony of one witness to another, to concentrate, and to focus
his attention on significant rather than insignificant details of the
proceedings. His inability to keep pace with courtroom proceedings
heightened the stress he experienced and contributed to his
disorganized, irrational thinking. It exacerbated the frustrations and
fear he experienced that manifested itself in obsessive thoughts
and attemps at suicide.

Fernando Caro had a history of severe headaches due to migraine
disease. He also had a history of unexplained episodes of
unconsciousness; for example, he was found unconscious in the
kitchen by his wife, and had no recollection of the event or what
precipitated it. Family members reported episodes in which he
had forgotten events in which he participated.

Fernando Eros Caro suffered psychological impairments caused
by chronic maltreatment and victimizati on. His mental functioning
was further compromised by the relentless poverty and discrimination
that marked his life.

Fernando Eros Caro suffered from blood sugar disorders such as
hypoglycemia. There is a history of diabetes in his family. There is a
real likelihood that during stressful times when he was severely
depressed, not sleeping and not eating, his hypoglycemia caused
his brain to dysfunction.

Fernando's thought processes were disorganized, and he was
emotionally unstable, despite tremendous effort to control himself
and behave rationally. Because of his multiple mental illnesses, he
decompensated in times of stress, became extremely agitated,
experienced great distress, could not sleep, and could not think
rationally. He could not, at these times, understand the consequences
of his actions or exercise rational control over his behavior.

While incarcerated prior to and during trial, Fernando Eros Caro
lived in constant fear for his life, believing that guards and other
prisoners planned to harm him. Although paranoia is one of the
sequelae of his chemical exposure, his life was in fact threatened
constantly during his incarceration.

He was sleepless, agitated, depressed, and preoccupied with
thoughts of and preparations for suicide, which he unsuccessfully
attempted on at least two occasions.

The first court-appointed defense mental health expert who
interviewed Fernando, advised him that it would be best for all
concerned --Mr. Caro himself, his family, and society-- if he killed
himself. That psychiatrist advised him to commit suicide in order
to save the state the expense of a protracted trial and his family the
pain and suffering of enduring such a trial. This reckless, incompetent
and cruel advice, coming for a professional appointed by the court
and expected to play a key role on the defense team, made it clear
to Mr. Caro that he was doomed. It left him in a confused mental
state, unclear of the role and function of those purported to serve
on his defense team. Fernando's first custodial suicide attempt
followed and was a direct consequence of this "advice".

Fernando Eros Caro's mental condition further deteriorated as
a result of the excessive security measures undertaken during his
trial. He was deprived of his constitutional rights arising from the
conditions of his confinement and shackling at trial, and his trial
counsel failed to investigate and protect his interests regarding
the shackling issue.

Mr. Caro appeared before the jury in leg chains, wearing an ankle
brace, and with one arm handcuffed to his chair. In addition, four
uniformed, armed deputies were posted behind and near him.
This exceptional display of security measures in the jury's
presence was clearly excessive and prejudicial. Mr. Caro's trial
judge noted several times on the record that Mr. Caro had
never demonstrated he was any type of security threat in the
courtroom, prior to the employment of the extreme security
measures noted above. Outside the jury's presence, Fernando
was subjected to an unnecessary and terrifying procedure
whereby the armed and uniformed deputies pulled their guns,
and leveled them at him every time his arm was unchained
from his chair in the courtroom for transportation. This occurred
several times each day. Mr. Caro faced the prospect of being
shot for any accidental misstep as a result.

As a result of these actions and in combination with his
mental impairments, Mr. Caro was in a heightened state of
anxiety and fear that destroyed his ability to focus on matters
related to his defense and trial. He was unable to attend to the
tasks of aiding and assisting his counsel in his defense.
He could not mentally attend to the events in courtroom
proceedings, or assist in the development of strategy, or making
rational decisions about this defense.

Fernando Eros Caro was paranoid and mistrustful of his lawyer,
and asked his family to replace him.

Fernando was under constant watch in the jail due to his depression
and preoccupation with suicide.
 

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