Do Not Execute James Malicoat
August 22, 2006
Oklahoma
James Malicoat was convicted of killing his 13-month-old daughter in Grady County. On the night of Feb. 20, 1997 Malicoat severely abused his daughter Tessa, causing internal bleeding that over several hours caused her death.
There is no doubt that Malicoat was responsible for the death of his daughter. We must, however, look into why he would commit such a horrendous act. Malicoat was abused as a child. His mother admitted to hitting him at least three times a month and his father hit him more often and much more brutally. Malicoat was repeatedly beaten with wrenches and cattle prods.
James Malicoat did not intend to kill his daughter; this was not a premeditated murder. He testified that he did not know why he beat his daughter but that the episodes would be sporadic and unprovoked. Psychiatrists also testified that men like Malicoat often do not realize what they are doing until the beating is over. In the state of Oklahoma, the only crime punishable by the death penalty is first-degree murder.
Malicoat’s trial was flawed. A sign above the door to the courtroom where Malicoat was convicted read, “An Eye for an Eye a Tooth for a Tooth.” This is a quote from the Bible that had no place in a courtroom of the United States. The quote has obvious implications and violates the separation of church and state that is fundamental to the United States Constitution. The judge who presided over the trial denied the defense’s motion to have the sign taken down. Another judge found this sign to be contemptible, saying, “The sign…. is inappropriate in any criminal court. As I have previously said, in the context of a capital trial I believe the sign is outrageous and unconstitutional.” This sign created a bias against Malicoat. Courts should remain as unbiased as possible, especially when they decide matters of life and death.
James Malicoat did not commit a premeditated crime and he also did not receive an impartial trial that was free of religious influence. Do not let this man be executed without a fair chance to plead for his life.
Please write to Gov. Brad Henry on behalf of James Malicoat
