By KENNETH DEAN
Tyler Morning Telegraph Staff Writer, 5/9/2008

ATHENS — After debating over the relevance of two women’s testimony in the Randall Wayne Mays murder trial, the judge recessed the court Thursday to study the law as it applies to the introduction of testimony dealing with possible mental illness.

Mays stands accused of shooting to death Henderson County Sheriff’s deputies Tony Price Ogburn, 61, and Paul Habelt, 63, last May when the two responded to a domestic dispute call where shots were reported to have been fired.

Mays is also accused of shooting and injuring Lt. Kevin Harris the same day and faces the possibility of the death penalty or life in prison if convicted in the case.

Tarrance had issues because, in most cases, the mental health of a person pleading not guilty is not admissible in the guilt/innocence phase, but is used in the sentencing phase of a trial.

 

However, Mays’ attorney Bobby Mims said Article 38.36 of the Texas Code of Criminal Procedures applies because even a defendant’s state of mind is applicable relating to murder involving family violence.