THE LAW IN TEXAS

The Texas Court of Criminal Appeals found that Andre Lee Thomas who plucked out both of his eyes, eating at least one of them was not insane under Texas law. It upheld his conviction for the murder of his estranged wife’s thirteen month old daughter and the imposition of the death penalty.

Thomas starting drinking alcohol at ten and smoking marijuana at thirteen. He dropped out of school in ninth grade. In the months before he killed his wife, son, and his wife’s daughter, his behavior became increasingly bizarre. He put duct tape over his mouth so that he wouldn’t talk. He said he was experiencing deja vu and that god was talking to him. He had auditory and visual hallucinations of god and demons. He overdosed on pills. Twice he was taken to mental health facilities but each time he walked away before he was seen.

On March 25th he stabbed himself. The next day he went to Laura’s,his estranged wife, apartment. His wife and her boyfriend, Bryant, were listening to religious tapes. He thought god wanted him to kill Laura because she was Jezebel. God also wanted him to kill his four year old son who he saw as the anti-Christ and Laura’s thirteen month old daughter, Leyha because she was also evil. He saw Bryant twisting an extension cord and he thought that was a sign that Bryant wanted to kill Laura, Andre decided he had to kill Laura before Bryant killed her. He went into Laura’s kitchen to find a knife but he thought it was not the right time.

The next day. he heard god’s voice tell him that he needed three different knives to kill Laura and the two children in order not to cross contaminate their blood and allow the demons inside them to live. He walked to Laura’s He saw Bryant drive by and wave at him. He took this as a sign that he was doing the right thing. He killed Laura and the children using a different knife on each one. He cut out the hearts of the children and put them in his pocket. He meant to do the same with Laura’s heart but instead he cut out part of her lung. He then stabbed himself in the heart but he was able to walk home. When he got home he changed his clothes and threw the hearts into the trash.

He walked to his father’s house to use the telephone. He planned to call Laura who he just killed. Instead he called her parents and said he needed help. He walked back to his trailer where he confessed to his girlfriend and his cousin who took him to the police station.

Five days later, while in jail reading the bible, he gouged out one eye.

He was sent to Vernon State Hospital. After five weeks on medication he was found to be competent.

At trial the jury was presented with two views. His lawyer claimed he was not guilty by reason of insanity. To prove this they had to show that he did not know that what he was doing was wrong. The prosecutor’s position was that the hallucinations and the murders were a result of voluntary intoxication even though there was very little drugs in his body at the time of the murder.

The jury believed the voluntary intoxication theory and he was sentenced to death. On habeas Texas’ highest court upheld the verdict finding that there was sufficient evidence for the jury to convict.

Last December, while on death row he plucked out his good eye and ate it.