Kyle put Routh in the backseat of his truck and drove two hours to a shooting range. While Routh sat among a small arsenal of guns and ammo, Kyle and his friend, both of whom Routh had never met, sent texts to each other about Routh, barely speaking to him. Kyle's text read, "This dude is straight up nuts." His friend in the passenger seat texted back: "He's right behind me, watch my back." Routh, suffering from severe mental illnesses, became convinced that the two men intended to kill him.
Showing posts with label Fair Trial Concerns. Show all posts
Showing posts with label Fair Trial Concerns. Show all posts
The Associated Press - For those who served
with Eddie Ray Routh in the Iraqi desert, the man on trial for gunning
down the famed "American Sniper" Chris Kyle and a friend is not the
Marine they had come to know.
"The Routh I knew looked up to people who
did that kind of job," said former Cpl. Ryker Pawloski. "He respected
war fighters like you wouldn't believe."
"It just doesn't fathom," agreed Corey
Smalley, who shared a metal trailer with Routh at Camp Fallujah. "He
wasn't the picture-perfect Marine, even though that's what he wanted to
be. And the people he looked up to the most were people like Chris Kyle.
He always wanted to be those people - be the people that Marines from
now on will always be talking about."
Routh achieved that - but not the way he'd hoped.
The 27-year-old stands charged with capital
murder in the Feb. 2, 2013, slayings of the former Navy SEAL and his
friend, Chad Littlefield. Kyle, who by his own count made more than 300
kills, volunteered with veterans facing mental health problems. Kyle and
Littlefield took Routh to a shooting range after his mother asked Kyle
to help her son cope with post-traumatic stress disorder and other
personal demons.
Routh's attorney, Tim Moore, read a text
message during the trial in which Kyle described Routh as "straight-up
nuts." Family members have testified that Routh came back from his
military service a changed man. He was hospitalized multiple times for
mental health issues and had trouble keeping a job.
"I noticed that he kind of lost his desire for life," his uncle, James Watson testified.
Moore said that when Routh killed Kyle and
Littlefield "he was in the grip of a psychosis" so severe he didn't know
it was wrong and thought "it was either him or them."
Erath County District Attorney Alan Nash
described Routh as "a troubled young man," but said mental illnesses
"don't deprive people from being good citizens, to know right from
wrong."
After the killings, Routh's parents
described a young man haunted by what he'd seen in Iraq and
earthquake-ravaged Haiti, and who sought relief at the bottom of a
bottle. Many combat veterans say Routh exaggerated his experiences, and
scoff at the notion that he saw anything that would cause PTSD.
Men who served with "Routhy" in Combat
Logistics Battalion 8 at Camp Fallujah in 2007-2008 concede he had a
drinking problem, even before Iraq. And they don't recall their unit
suffering anything overly traumatic.
But they say something must have happened to turn Routh from a gung-ho Marine into an alleged double killer.
Note before you read: This post is not intended to be a discussion
about the life or death of Chris Kyle. This post is about Eddie Ray
Routh.
For those of you who don’t know, Eddie Ray Routh is on trial for
killing Chris Kyle, an American Navy SEAL who is being lauded as a true
“American hero” as “the most lethal sniper in U.S. military history.”
Like I said, we’re not going to get into the rhetoric of the phrase
“American hero” or any similar territory. What we’re going to get into
is the seriously problematic fact that Eddie Ray Routh will not get a
fair trial.
We all know that Eddie Ray Routh did kill Chris Kyle; no one is
disputing that fact. But even someone who is guilty of a crime deserves a
fair trial in front of an unbiased jury in a community that is not
collectively fighting to destroy him. That’s what the justice system is.
Or rather, what it’s supposed to be.
You might be thinking to yourself,
“If he’s guilty, why does it matter how the court goes about coming to
that conclusion? What’s the difference between a fair or an unfair trial
when we all know he did it?”
I think this is a question that a lot of
people consider when it comes to situations like this, and that’s part
of the problem. Trials are not there only to determine guilt, but also
to determine length of sentencing, location that the convicted
individual will serve his time (eg. prison v. mental facility), etc.
The fact is, Eddie Ray Routh will not get a fair trial. And here’s my three-part explanation for why:
1. PTSD.
By and large, mentally ill individuals on trial are destined for an
unfair trial. There’s no kind or politically correct way to say that. If
you commit a crime and you have a mental illness, odds are that that
fact is going to work against you in a big way. The reason for this is
that, as I’ve said in past posts, people don’t (and don’t want to)
understand mental illness.
When people look at Eddie Ray Routh, all they
see is “that crazy guy who shot that truly honorable American hero.” In
this way, everyone from jurors in the courtroom to media outlets across
the nation begin the slow process of villainizing the mentally ill.
In
fact, there is so much controversy over Eddie Ray Routh’s PTSD
that independent groups of veterans (one, in particular) are actually
going out of their way to prove that Eddie Ray Routh did not have PTSD. To do so, they’re coming up with, well, let’s just call them “alternative theories.”
Here’s an excerpt from an article from Truth Revolt. This article draws on comments made by The Warfighter Foundation, who stated:
“Eddie Routh served one tour in Iraq in 2007, at Balad
Air Base (the 2nd largest U.S. installation in Iraq), with no
significant events. No combat experience. Let me say that again, he
NEVER SAW COMBAT or any aspect of traumatic events associated with a
combat deployment (i.e. incoming mortar or rocket fire). He never left
the base, EVER.”
This, of course, is inferring that you can’t have PTSD if you don’t
hold a gun and/or get shot at, which is fundamentally untrue. The most
concerning thing in the article, however, is this:
“Walid Shoebat, a former radicalized Muslim terrorist and
member of the PLO who has since converted to Christianity, believes
that because of his past and credentials, he is confident in his
deduction that Eddie Routh was in fact becoming a radical Muslim,
although there is no proof yet of the conversion.
‘During a phone call with his father, Routh expressed sympathy for
the detainees and discontent over how the US was conducting the war as
well as his reluctance to engage in combat’ and ‘While working as a
guard at Balad Air Base, Routh laments his [Muslim] prisoners’ poor
living conditions.'”
While they assert at first that Eddie Ray Routh couldn’t have
possibly had any experience whatsoever to cause him PTSD, he was
obviously involved in some capacity with detainees, enough to form
significant opinions about their living conditions.
The bigger issue at
play here is that somehow, because Eddie Ray Routh “expressed sympathy”
and lamented the prisoners’ living conditions, he’s less of a soldier or
less of a hero or even less of a person, and that that sympathy somehow
began transforming him into a “radical Muslim.”
What I’m trying to point out here is that people will do and say
whatever is necessary to pull any discussion of mental illness away from
the courtroom conversation. Many people view mental illness and
insanity pleas as cop-outs, and somehow, even the mention of a mental
illness-related crime fuels the flames of denial and unrest.
But the
ability to address and discuss Eddie Ray Routh’s PTSD is integral to the
trial, and already there are people trying to throw that discussion out
the window.
2. A soldier was killed.
The United States puts a lot of stock in its military. So much so that
it results in a national sense of hero worship. Thus, when one of our
“heroes” is killed or taken away in some other capacity, it’s seen as a
national tragedy.
In many articles, you’ll see Eddie Ray Routh referred to as a
“terrorist” or a “Muslim-sympathizer” or something similar, though
there’s no evidence to support the claim that he had any terrorist
intents to begin with, and the term “Muslim-sympathizer” is highly
problematic in its own right.
In fact, reactions against the killing of
Chris Kyle have become so severe that they’re bordering on dangerous.
After tweeting about Chris Kyle’s questionable comments in his
autobiography, journalist Rania Khalek began receiving horrific feedback, a demonstration of the increasing xenophobic tendencies that are beginning to take root in this country. An example:
“@RaniaKhalek Move your American hating ass to Iraq, let
ISIS rape you then cut your head off, fucking media whore Muslim
#AmericanSniper”
Then, this same person tweeted:
“Dear #ISIS please kidnap @RaniaKhalek and cut her head off, after you and all your camels fuck her #AmericanSniper #ChrisKyle”
There are hundreds of these comments on twitter, Facebook, online
media outlets, etc. Somehow, Chris Kyle’s death and the impending Eddie
Ray Routh trial has created a hurricane of hatred-fueled vitriol to
permeate through the nation. Because Chris Kyle was a soldier, his death
has resulted in a national us vs. them debate, with citizens being
forced to pledge their allegiance to the American military or risk being
attacked.For these people, Eddie Ray Routh typifies the “enemy,” and
they have no plans to consider the matter from any angle other than
Eddie Ray Routh = dead American hero.
This insurgence of hatred and
violence will prove to be inseparable from the Eddie Ray Routh trial, as
members of the jury will have this national commentary playing in the
back of their minds.
3. American Sniper.
In 2012, Chris Kyle wrote an autobiography titled American Sniper: The Autobiography of the most Lethal Sniper in U.S. Military History. Clint Eastwood adapted the book into a feature-length film called American Sniper,
starring Bradley Cooper as Chris Kyle. Now, I don’t think that Clint
Eastwood intended for what happened after the film’s release to happen.
From everything I’ve researched about him in relation to this film, it
seems like the film was intended to be a shades of gray film,
attempting to show the true non-black and white nature of war and the
military and what it’s like to be a soldier.
“Nice to see a movie where the Arabs are portrayed for
who they really are — vermin scum intent on destroying us #Deblasio
#AmericanSniper”
“I wish I weren’t too old and fat to go shoot some ragheads. Hoorah! #AmericanSniper”
The problem with American Sniper, whether intended or not,
is that it seems to have somehow glorified the military, being a sniper,
killing the “enemy,” etc. That’s what audiences are picking up on. The
issue with these reactions is, of course, the same as the reactions to
Rania Khalek’s comments on Chris Kyle’s life and autobiography.
The bigger problem with the film, in terms of the trial, is that it
was released on January 16, 2015. Eddie Ray Routh’s trial starts on
February 11, 2015. This film was released less than a month before Eddie
Ray Routh has to go to court. Not to sound conspiracy theory-ish, but
no, I don’t think that was a coincidence. Do I think Clint Eastwood had
anything to do with that? No. Do I think that someone involved in
the release of this film saw the opportunity to capitalize on the impact
it was certain to have? Yes. I do.
If the American public managed to accept the fact that Chris Kyle had PTSD, if the
American public somehow saw past the hero worship phenomenon
surrounding Chris Kyle’s life and death, this film still would have
ruined the entire trial.
Long story short: Eddie Ray Routh doesn’t have a shot in hell at getting a fair trial. And that’s a problem.
Current music: None.
By Nightline (click link for video)
February 25, 2015
A defense attorney for Eddie Ray Routh, who was convicted of capital murder in the “American Sniper” trial, said the fact that some jurors had seen the movie did not hurt their case.
The movie “American Sniper,” which was up for six Oscars this past weekend, including Best Picture, is based on the memoir of famed Navy SEAL Chris Kyle, the most lethal sniper in U.S. military history.
A Texas
jury of 10 women and two men found Routh guilty Tuesday of killing Kyle
and Kyle’s friend Chad Littlefield during a trip to a gun range Feb. 2,
2013. After the verdict, it was revealed that several members of the
jury saw the movie before being selected to serve on the trial, but they
maintained it did not interfere with their ability to fairly judge
Routh.
Attorney Shay Isham, who was part of the team that defended Routh, said
in an interview with ABC News’ "Nightline" that there were concerns
about selecting jurors for the highly publicized case, but they didn't
see the movie as a reason to dismiss them.
“I’ve been picking juries here for 19 years and in a whole lot of other
counties, too. Just because someone has seen the movie doesn't
automatically disqualify them,” Isham said. “Most of the people that can
do that job and can take an oath to not be leaning one way or the
other, and wait until the evidence is finished to make up their mind and
deliberate the case; most of them that tell me that, they can set that
aside.”
“There wasn't very many jurors dismissed because of too much pretrial
publicity because they've seen so much or read so much that they already
had their mind made up,” he added. "You get 10 strikes in a criminal
case in the state of Texas and so there’s a whole bunch of things that
go into whether you want to exercise one of those precious few strikes that you have."
Routh had pleaded not guilty by reason of insanity and his attorneys had
argued the former Marine had mental disorders and was in the grips of
psychosis when he fatally shot Kyle and Littlefield.
Because Routh’s lawyers never disputed he killed the two men, the
biggest question the jurors had to answer was whether they thought he
was legally insane or whether he was faking his claims of insanity.
Seven members of the 12-person jury spoke to ABC News today about how
they came to the unanimous decision after two and a half hours Tuesday
night.
"That was something that we really had to figure out," juror Kristina
Yager told ABC News. "In the beginning, I know a lot of us came into the
jury questioning that, but evidence shows that there was a real
definite pattern there."
"When I say there’s a pattern that we saw, he would get intoxicated, get in trouble, and then the police would show up and he would say ‘I'm a veteran, I have PTSD, I'm insane,’ you know, and every time something bad happened he pulled that card," Yager said.
Routh’s mental state was at the crux of the case, with both sides
presenting experts who disputed different diagnoses up until the final
hours of the trial.
While calling rebuttal witnesses to the stand Tuesday, the defense also
re-called Dr. Mitchell Dunn, the psychiatrist who concluded Routh was
insane in earlier testimony.
Isham, Routh’s attorney, said he doesn't second-guess using the insanity defense for Routh.
“I don’t think it was a gamble that the insanity defense was what we
provided,” he said. “[It was] the most viable defensive theory because
of his trips to the [Veterans Affairs] mental hospital and Green Oaks
mental hospital, and the diagnosis of schizophrenia. There were other experts also that thought he was legally insane.”
And Isham added that PTSD was “never a part of the defense strategy.”
“Mental illness was what he was diagnosed with, mental illness was what he went to the hospital for,” he said.
Routh was sentenced to life in prison without the possibility of parole,
but Isham said he expects an appeal to be filed in this case.
It's a long way from the Oscars, and no sign
of Bradley Cooper. But "American Sniper" is the story nevertheless
By Bradford Pearson, Salon
February 24, 2015
A sign displaying support for the families of Chris Kyle and Chad Littlefield, Feb. 10, 2015, in Stephenville, Texas. (Credit: AP/Lm Otero)
Kenny
Weldon is a rangy man, with limbs in perfect balance as he walks. His
close-cropped hair has grayed, but not retreated, and he speaks in full,
complete thoughts without breaking eye contact. His favorite movies
include “Gettysburg” and “The Cowboys,” the 1972 flick where John Wayne
trained a bunch of children to become cowboys.
Weldon
grew up in Stephenville, Texas, a rural, 19,000-person city that
considers itself the “Cowboy Capital of the World.” (Several other
communities have also bestowed this crown upon themselves; there seems
to be no international governing body that rules on such matters.) He
lettered in football, baseball and basketball, and served as the
National Honor Society president. In 1981 he left for the Air Force
Academy, and a career that would take him to Korea, Hawaii and the
Pentagon.
In 2011, he retired, packed up his family, and headed back to Stephenville. Then he was asked to run for mayor.
“When
you’re in the military you realize it’s a calling to serve others,
especially in our country,” Weldon says from Stephenville City Hall. “So
for me, it was a way to come home and continue that service to others,
and take a lot of what I had learned in my professional career and apply
it to my hometown. You gain all these experiences in different
professional settings, and apply it to the betterment of the community.”
The
city is home to the Donald R. Jones Justice Center, right off the
small, quiet square. And inside the center—across from the public notice
for the Texas Boll Weevil Eradication Program, and down the block from
the monument to the 1997 National Champion Erath County Dairy Judging
Team—sits Eddie Ray Routh, the man accused of murdering U.S. Navy SEAL
Chris Kyle and his friend, Chad Littlefield.
On Feb. 2, 2013,
Kyle, Littlefield and Routh headed to Rough Creek Lodge, a high-end
hunting resort and spa 30 miles east of Stephenville. It’s there that
Routh—suffering from PTSD and schizophrenia—shot Kyle and Littlefield
dead. Afterward, Routh stole Kyle’s truck, drove to his sister’s house,
admitted to the murders, and told his sister “people were sucking his
soul,” prosecutors say.
The
trial began on Feb. 11, turning the town square into a media hub, all
satellite trucks and little white tents and cordoned-off streets. Two
blocks off the square, though, it’s impossible to tell there’s a capital
murder trial in town. Traffic is slow and (as usual) truck-heavy, the
sidewalks are empty, and shop owners sit alone at their counters. At
Frames Etc—the “etc” stands mostly for a medium-size used bookstore, and
some wooden crosses—owners George and Kathy Wooley sat building a set
of shelves, while an Ash Wednesday-ashed clerk stocked books.
Customers
have slowed to a trickle since the trial started—“folks are avoiding
the square,” George says—so much so that one employee asked if the store
was going to shut down until the verdict. Before the trial, the shop
had a hard time keeping Kyle’s best-selling “American Sniper” on the
shelves. A used copy would come in, then be gone before a second could
even be stocked.
After Kyle’s murder, a new customer walked into
the shop: Deby Lynn, Kyle’s mother. She arrived holding a portrait of
her son, painted by local Tarleton State student Blu Dornan. It’s the
familiar shot of Kyle—black Craft International hat, taut mouth, beard—
with an American flag in the background. And it needed a frame.
After
she picked up the project—which went on display at the school, which
also sits in Stephenville—the entire shop cried.
“Wasn’t a dry eye in the shop,” Kathy says.
On
the outskirts of town, a sign for Chick Elms Rodeo Shop and Grand Entry
Western Store reminds folks to order their Chris Kyle hats. At the
front desk, a college-age clerk explains that the shop initially just
ordered 12, then had to order another 100, then another 200. Behind the
counter, she pulls up the order online, and shows the goods. The HOOey
hats come in two designs: light tan camo, and one with alternating black
and green camo panels. Each are emblazoned with the skull logo of
Kyle’s tactical-training company, Craft International, and the HOOey
emblem, an energetic stick figure (and all-around unfortunate
juxtaposition on a hat honoring a dead soldier). On the underside of the
brim, an American flag and a Kyle quote: “It’s our duty to serve those
who serve us.”
They sell for $36.
In the back of the shop, a
cowboy-hatted Chick Elms works on the soles of a pair of black slip-on
dress shoes. He’s shaving the sides to even out the right and the left,
and Randy Travis’ “Forever and Ever, Amen” drifts over the country
radio. He’s surrounded by boots, shoes and saddles, and the workshop
smells of leather and cleaning products. A friend sits in the workshop
in a Carhartt jacket with a lip full of dip. It’s the textbook ideal of manliness.
Elms
explains that the trial’s been somewhat forced onto the town. That’s
not a complaint, he says, just reality. People from all over have
visited Stephenville since the trial started, including one couple from
Tennessee who found their way to Chick’s doorstep.
“They used the
excuse that they were in town to see Dwight Yoakam in Fort Worth, but…”
Elms cocks his head during the last part of the sentence. His shop is 84
miles from where Yoakam played on Valentine’s Day.
One of his
sons just deployed as a helicopter pilot in the Air Force, while another
son was injured during battle in Afghanistan. The latter son has kept
up with Chris Kyle’s career, read the book, seen the movie. Elms hasn’t
read the book, but gets excited when he remembers the grip on his 1911
pistol. He heads to the drawer where he keeps his holstered gun, and
unclips it enough to expose the familiar Craft International skull. He
has four more sets of them at home.
“[The trial’s] costing a lot
of money, money that could’ve gone to schools or roads,” he says. “But I
guess it’s a necessity. And of course I’d rather those guys still be
here.”
Elsewhere in town, the reminders continue. Outside Grumps
Burgers, a sign reads “We Support the Kyle and Littlefield Families.”
Near Tarleton State, a billiards hall’s sign flashes “God Bless Chris
& Chad…Freedom Is Not Free,” then rotates and reminds students of
drink specials and karaoke night. The residents are a typical small-town
mix of gregarious but wary. (At City Hall, the front desk clerk happily
handed out the mayor’s cellphone number, and the home numbers of each
member of the city council are on the city’s website. Near the public
restroom, a spreadsheet of city staffers’ favorite cakes is tacked to a
cork board. The staffer responsible for baking that cake on the
employee’s birthday is the final column.) At the local branch of
Disabled American Veterans—a nonprofit that helps veterans receive the
medical benefits they deserve—one vet waved off questions, while
staffers happily conversed.
“Judge Cashon is a very fair man,”
says Veronica Woodward. “When the gavel goes down the last time, justice
will be served.” She then doled out restaurant and bar recommendations,
unprompted.
Attorneys for Routh tried to have the venue moved,
citing all of the usual concerns that come with a jury pool drawn from a
small town: Everyone knows everyone, from the victim to the judge. The
community was too entangled in the case, the lore (and lure) of Kyle’s
life, his death in their county. It’s the kind of community where a
slain soldier’s mother takes a portrait of her son to be framed, a
three-minute walk away from where his killer would later be tried.
But
Judge Jason Cashon disagreed, noting that more than two dozen potential
jurors had been dismissed due to their knowledge of the trial.
“A
part of the American way of life includes our justice system, which is
not perfect, but is the best in the world,” reads a statement from the
Kyle family to the Los Angeles Times. “The family has the utmost
confidence that a fair and just verdict will result from the upcoming
murder trial.”
Back at City Hall, Weldon’s trying to find a room
to chat. He doesn’t have his own office in the building; those are
reserved for staffers. The conference room is full, and a second option
is stacked with boxes. A community services staffer offers to give up
his office. After some polite back and forth, the mayor agrees.
Weldon
has spent the last months coordinating the Kyle trial: abiding by
Cashon’s needs and desires; working with city, county and state
departments; ensuring the safety of witnesses, jurors, family members
and media. The total bill comes to about $1 million. The efficacy of
having bomb-sniffing dogs was proven in late January, when a man
contacted the Stephenville Empire-Tribune, telling the newspaper’s
managing editor that a bomb would go off during jury selection.
“You
always plan for the worst, and hope for the best,” Weldon says, his
square-toed cowboy boots hooked together under the table. “It was good
to see that play out as well as it did.”
The day before the trial
began, Stephenville lost one of its most popular residents, a
Japanese-American man by the name of Mike Masuda. During World War II,
he and his family were interned along with more than 8,000 others in
Jerome, Arkansas, and he later joined the Army, serving as an
interpreter for the Military Intelligence Service. The poultry business
brought him to Stephenville where, in his retirement, he helped gather
and bag old American flags. Every month, at the Turnbow-Higgs American
Legion Post 240, he would stand, salute the flag and report on his flag
gathering. Upon his death, no less than four remembrances were published
in the Empire-Tribune.
Weldon speaks elegiacally about Masuda, a
man he’s known since childhood, right here in Stephenville. You could
not find a friendlier person, he says, a more loving person. In a city
full of cowboys and heroes, in a borrowed office, Weldon sits, thinking
about Masuda’s memorial service later that week, preparing for what he’d
likely be asked to say.
This is why Kenny Weldon, the keeper of the town’s heroes, was called back home.
The folks who live in this self-proclaimed Cowboy
Capital of the World about 100 miles southwest of Dallas say they accept
that their town is playing host to one of the nation’s most-watched
trials.
They really do want to be good hosts.
But less than a
week after the start of the capital murder trial of Eddie Ray Routh,
who is accused of gunning down famed ex-Navy SEAL Chris Kyle and Kyle’s
best friend, Chad Littlefield, residents here say they’re ready to move
on.
“Nobody would want a trial of this nature to be in their
community, but we also saw it as an opportunity for us to help,” said
Mayor Kenny Weldon. “My hope is that people will remember us as a
community that was able to work through this in a very positive way.”
But, said Weldon:
“We’re looking forward to things getting back to normal.”
County
officials have set aside about $1 million for security and media
accommodations for the trial, which has drawn dozens of reporters to
Stephenville, closing downtown streets and clogging parking spaces.
The
trial, which started Wednesday and continues Monday, also has given the
town of nearly 19,000 the chance to prove it can handle a bigger event.
Local,
state and federal law enforcement officers pack the courthouse — along
with a large German shepherd “security dog” in case a fight breaks out —
to screen everyone entering.
Erath County officials tightened the
budget to set aside enough money to pay for extra security measures,
metal detectors and power outlets installed for media inside the
courthouse.
“We’ve had time to prepare for that. It’s not like a
bill we got when the trial is over,” Weldon said. “That’s not to say
it’s not a burden. Nobody has a million dollars laying around, but we’ve
prepared in a frugal way.”
All the attention
Big
crowds usually mean bigger profits, but business has slowed for some
shops near the courthouse. Many residents are avoiding the area until
the trial ends.
“The circus is set up outside,” said a man playing
cards at the senior center, gesturing toward the parking lot where
media trucks were stationed all week.
“Don’t bring that trial in here,” said another woman at the center, less than a block from the Erath County courthouse.
Kaylee
Pimberton said Thursday that she had to park a block away to get to her
Western furniture shop downtown, Blue-Eyed Buffalo. “That’s out of the
norm for us,” she said.
But, Pimberton said, it’s a tiny nuisance compared to what it might’ve been.
“It
could’ve been chaotic and crazy, and that makes you kind of proud that
our little town can pull together and handle something like this,” she
said.
And, Pimberton said, she gets a kick out of the attention.
“I turned on the Today show and there we are. Matt Lauer just said Stephenville,” she said.
But many said they hope that the trial won’t become the town’s lasting legacy.
Stephenville
is also home to Tarleton State University, which has one of the top
rodeo programs in the country. And the area draws horse lovers from
across the country.
Lone Star Arena, also affectionately called
the Buck N Duck, is hosting the World Series of Team Roping beginning
Friday. The city expects thousands for the event, far more than came for
the trial.
“We would prefer to have national attention for a
different reason, but we feel like those who have the opportunity to
visit here see our friendly hospitality,” said July Danley, president of
the Chamber of Commerce.
Danley said she likes to see visitors “get away from the big city and enjoy a little different pace of life.”
Texas hospitality
The people of Stephenville take pride in their Texas hospitality.
“When somebody says, ‘Hi. How are you doing?’ they mean it,” Weldon said. “You may not get that in a large metropolitan area.”
The town is growing, but as it does, most residents say they don’t want Stephenville to lose its friendly attitude.
“I
love the small-town feel,” said Sarah McEnroe, a senior criminal
justice major at Tarleton. “It’s a great community. We’re all
close-knit.”
Jeri Martin grew up in Stephenville but lived in San
Francisco for about 15 years. She moved back five years ago to get away
from the hectic pace of a big city.
“It’s still a nice, quiet
little town, not too much traffic,” Martin said of Stephenville. “You
complain if you get stuck at a red light for five seconds.”
Even the mayor, who was in the U.S. Air Force for more than two decades, rushed back at his first chance.
“I, for 26 years, was waiting to come home,” Weldon said.
As
the city becomes more developed, elected officials work to maintain its
appeal. They are updating the city’s economic development plan to draw
more businesses to town, which boasts many small and family-owned shops.
Developers
have already updated several older buildings along the square where the
historic county courthouse sits. An old saloon was transformed into
Greer’s restaurant last fall. A new restaurant, Ruby’s Texas Bistro, is
set to open nearby next month.
By then, townspeople hope, the
Routh trial and the media hordes following it will have skedaddled. And
ranching, not network television interviews, will take center stage once
again.
“Our goal out of all of this is to keep Stephenville, Stephenville,” Weldon said. “We don’t want to change who we are.”
The
trial of the man charged with killing Chris Kyle, a former sniper for
the Navy SEALs, is scheduled to open here on Wednesday at 9 a.m. The
blockbuster war movie about Mr. Kyle, “American Sniper,” now playing at
Cinemark Cinema 6 three miles from the courtroom, will be showing at
3:40 p.m., 7 p.m. and 10:20 p.m.
But
aside from the questions about the legal proceedings, something more
than a double-murder trial is set to play out here this week. “American
Sniper” has become a cultural moment far beyond the reach of the book,
the movie or the criminal case against Mr. Routh. And just as the movie
has been debated for what it says about war and warriors, the trial will
dissect what war did to and for two men — one of them hailed,
particularly in Texas, as an American hero, the other a fellow soldier
on trial for two murders that people here are still trying to comprehend
two years later.
Mr.
Kyle’s celebrity hangs over the trial and the town, larger in death
than it was in life. The sign outside the Grand Entry Western Store
advertises Chris Kyle baseball caps for sale. More ominously, a man
called the local newspaper, The Stephenville Empire-Tribune, and told
the managing editor that a bomb was going to go off before jury
selection. Officials have earmarked $1 million for security in and
around the Donald R. Jones Justice Center, where the trial will be held.
On the first day of the juror qualification process last week, the
judge excused 39 potential jurors, including 12 who said the pretrial
publicity made them biased about the case.
“The
death happening here, that makes it more personal,” said Chick Elms,
68, a co-owner of the Grand Entry, a Western wear shop. “They’re not
seeking the death penalty, which I think is hogwash.”
Mr.
Routh’s lawyers, Warren St. John and Tim Moore, have included the movie
and the local support for Mr. Kyle in their legal case, asking the
judge to postpone the trial. They cited the popularity of the movie, its
release in local theaters, the bomb threat and Gov. Greg Abbott’s
decision to declare Monday last week, the two-year anniversary of Mr.
Kyle’s death, Chris Kyle Day in Texas.
The
judge, Jason Cashon of Erath County District Court, denied their
request. Mr. Routh’s lawyers also asked the judge to move the
proceedings out of Erath County, describing “so great a prejudice”
against their client that he could not get a fair trial.
Judge
Cashon turned down that motion as well, but it was clear last week as
prospective jurors crowded the courtroom that he had concerns about the
publicity surrounding the case.
“Stay away from it,” he told them bluntly.
A
pool of about 240 qualified for jury selection. Prosecutors and defense
lawyers questioned many of them Monday before a jury of 10 women and
two men, plus two alternates, was sworn in. One prospective juror was
dismissed for discussing the case with a reporter for The Independent, a
British newspaper.
Mr.
Kyle, who became the military’s deadliest sniper while protecting
Marines in Iraq, took Mr. Routh to the range on Feb. 2, 2013. Mr. Kyle
often used trips to the range as a form of therapy for wounded and
troubled veterans. Once there, Mr. Routh turned his handgun on Mr. Kyle,
38, and Mr. Kyle’s friend, Chad Littlefield, 35, and then fled in Mr.
Kyle’s truck, the authorities said.
Mr.
Routh has pleaded not guilty, and his lawyers have told the judge that
they planned to raise an insanity defense. Mr. Routh, a Marine veteran
who served in Iraq, told the authorities in the months before the
shooting that he was suffering from post-traumatic stress disorder.
Proceeds from cap sales go to the American Valor Foundation.Credit
Brandon Thibodeaux for The New York Times
Amid
tight security that included bomb-sniffing dogs, a lawyer with the
Texas Attorney General’s Office, who is assisting the Erath County
district attorney in prosecuting the case, told prospective jurors about
the legal parameters of an insanity defense.
“One
in five people have some kind of mental health problem,” said the
assistant attorney general, Jane Starnes. “There is a big spectrum of
mental health disorders. What the law doesn’t say is that everybody with
a mental illness gets a free pass to commit a crime.”
The
trial, expected to last two weeks, will unfold in a criminal-justice
building near the courthouse square and the life-size statue of Moo-La, a
plastic cow celebrating the county’s status, in 1972, as the state’s
top milk producer. Long before joining the Navy, Mr. Kyle had attended
Tarleton State University here, the biggest employer in a town of nearly
19,000.
Chick Elms, co-owner of the Grand Entry, a Western wear shop in Stephenville that sells Chris Kyle baseball caps.
“We’ve
never had anything like this in this town,” said Carol Gibson, 64, the
owner of the Rockin’ P Bar and Grill across from the courthouse. “When
it first happened, everybody was talking about it. Then it calmed down.
Now the movie’s come out, the trial’s getting closer, and the talk is
back up about it again.”The
movie has only heightened Mr. Kyle’s stature in Texas. His memorial
service was held at Cowboys Stadium in Arlington, his coffin, draped
with flag, resting on the giant blue star at the 50-yard line. He was
buried in Austin at the Texas State Cemetery, alongside former Texas
governors and senators. Many of the county residents who received the
800 juror summonses that officials mailed out have seen the film,
although Judge Cashon told them that having watched “American Sniper”
did not automatically disqualify them.
“If
ever there were grounds for an out-of-state change of venue, this has
to be the case,” said Brock Hunter, a Minneapolis lawyer who is an
expert on defending veterans with post-traumatic stress disorder in
criminal cases. “The tough-minded Texas culture would make it difficult
enough, but this veteran has the additional burden of having killed a
bona fide Texas hero.”
Other lawyers disagreed.
“I’m
not sure that knowing who the victim is, or having an opinion about the
victim, necessarily means that the accused can or cannot get a fair
trial,” said Anthony G. Buzbee, a Houston trial lawyer who handles
high-profile cases, including defending former Gov. Rick Perry in his
criminal case. “Setting aside the movie or the book, what Chris Kyle was
about and the fact that he was trying to assist the accused at the time
of the alleged crime will make it a difficult case to defend no matter
where it is tried. But that is just the facts of the case that create
that difficulty, not a movie or venue.”
Hours
after his arrest, Mr. Routh confessed to the murders in an interview
with the authorities that was videotaped and later played at a pretrial
hearing. Mr. Routh told a Texas Ranger, Danny L. Briley, that he was
struggling with unnamed forces “eating at his soul,” and rambled at
times about pigs and “talking to the wolf, the one in the sky.”
Mr.
Routh said that neither Mr. Kyle nor Mr. Littlefield had known he was
going to shoot them, and that the one he had shot first was “the one I
could clearly identify,” referring to Mr. Kyle.
“I knew if I did not
take his soul, he was going to take mine,” he said.
By Nicholas H. Esser, University of Miami School of Law
February 25, 2015
Known widely for the popular movie American Sniper, one of history’s
most deadly snipers and American Hero Chris Kyle had his life taken too
soon. There is no question that Chris Kyle was murdered along with his
neighbor and friend Chad Littlefield. There is little question
that the man who ended those lives was fellow veteran Eddie Routh. The
only question that remains is whether Routh, whom appears to suffer from
PTSD, can be relieved of guilt via the insanity defense. Thus, concerns that an impartial jury cannot be found may not matter as much as some make it out to be.
The insanity defense is one of the few major defenses that the public
as a whole knows. However, it is a complicated subject and the movie
and tv drama depictions do not do it justice. There are different
standards for each jurisdiction. In order to properly prove an insanity
defense in Texas, the defendant must go through the requirements of the M’Naghten Rule:
“”[T]o establish a defense on the ground of insanity, it must be
clearly proved that, at the time of the committing of the act, the party
accused was laboring under such a defect of reason, from disease of the
mind, as not to know the nature and quality of the act he was doing;
or, if he did know it, that he did not know he was doing what was
wrong.” This is supplemented by the Irresistible Impulse Test:
“the defendant will be found not guilty by reason of insanity if they
can show that as a result of mental disease or defect, they could not
resist the impulse to commit the crime of which they are accused, due to
an inability to control their actions.”
Applied to this case, the defense has to prove that Routh did not
know what he was doing was wrong or was not able to control himself
because of a mental defect. This means that regardless of his
potentially unstable mental condition, regardless of the PTSD diagnosis,
if Routh knew that killing Kyle and Littlefield was wrong, he should be
found guilty of murder. This will be the main focus of the trial.
The prosecutor has chosen not to pursue the death penalty. If the
defense fails to convince the jury of this, then Routh will face life in
prison without parol; or if a lesser offense (not first degree murder) is proven then parol may be available. If the defense is successful, Routh will still may be civilly committed due
to his mental state. However, if the defense is successful in applying
the insanity defense using PTSD, what does that mean for other veterans who have been diagnosed with PTSD. This trial will likely effect more than just the parties directly involved.