BIRCH, Circuit Judge:
This habeas case is before us for the second time. Petitioner requests emergency stay of execution and certificate of probable cause. We DENY
I. RELEVANT BACKGROUND
Varnall Weeks was sentenced to death for his October 1, 1981, killing of Mark Anthony Batts, a Tuskegee Institute veterinary student.1 We affirmed the district court’s denial of Weeks’s first petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, and the Supreme Court denied certiorari review on February 27, 1995. Weeks v. Jones, 26 F.3d 1030 (11th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1258, 131 L.Ed.2d 137 (1995). On subsequent motion by the State of Alabama for an execution date, the Alabama Supreme Court set May 12,1995, as Weeks’s execution date.
Weeks then filed a petition for state collateral relief with the Circuit Court of Macon County. In that petition, Weeks asserted that he was incompetent to be executed under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) (plurality opinion), and that he was entitled to an evi-dentiary hearing on this claim. On April 7 and 14, 1995, the Macon County Circuit Court conducted a thorough evidentiary hearing, including psychiatric testimony from examining experts for Weeks and the state.2 The judge also questioned Weeks directly. In a comprehensive order, which we attach hereto as Appendix I,3 that court concluded that Weeks was competent to be executed and denied relief.
Weeks next moved for a temporary stay of execution in the Alabama Court of Criminal Appeals, which dismissed his appeal and denied his motion for a stay of execution on May 4, 1995. Weeks’s petition for certiorari to the Alabama Supreme Court was denied on May 9, 1995. Weeks then filed his second petition for habeas corpus relief in the Middle District of Alabama. In denying habeas relief and a stay of execution, the district court found that the state evidentiary hearing was all-inclusive for Weeks: “In short, the state trial court did everything it could to insure that it was fully informed of every conceivable fact, no matter how trivial or redundant, that might possibly have some bearing on the question of whether Weeks is competent to be executed.” Weeks v. Jones, No. 95V-613-N, at 7-8 (M.D.Ala. May 10, 1995). The district court also denied Weeks’s application for a certificate of probable cause. On May 11, 1995, Weeks moved for an emergency stay of execution and a certificate of probable cause. His execution currently is scheduled for 12:01 A.M. on May 12, 1995.
II. DISCUSSION
In his emergency motion for stay of execution and certificate of probable cause, Weeks raises four issues.4 We address Weeks’s Sixth Amendment ineffective assistance of counsel claim as a successive claim or abuse of the writ. We consider his competency to be executed claim separately; we do not address his remaining two claims because they are meritless.
A. Successive Petition
Rule 9(b) of the Rules Governing Section 2254 Cases provides that a second or [1561]*1561successive petition alleging new grounds of relief may be dismissed if the petitioner’s “reasonable and diligent investigation” would have enabled him to present these grounds in a previous habeas petition. McCleskey v. Zant, 499 U.S. 467, 498, 111 S.Ct. 1454, 1472, 113 L.Ed.2d 517 (1991). Under McCleskey, an abuse of the writ will not be excused unless the petitioner can show cause for failing to raise the claim earlier and prejudice resulting therefrom. Id. at 494, 111 S.Ct. at 1470; see also id. at 497, 111 S.Ct. at 1472 (“This ruling on the merits cannot come before us or any federal court if it is premised on a claim that constitutes an abuse of the writ.”). Since the state has raised abuse of the writ, the burden of proving that there has been no abuse shifts to the petitioner. Burger v. Zant, 984 F.2d 1129, 1132 (11th Cir.), cert. denied, — U.S. -, 114 S.Ct. 141, 126 L.Ed.2d 104 (1993). Petitioner may meet this burden by showing that he did not deliberately abandon the claim, his failure to raise it was not because of inexcusable neglect, and he had a justifiable reason for omitting the claim in an earlier petition. Id. at 1132-33. We gave the example of newly discovered evidence that was not available at the time of the original filing as sufficient to overcome petitioner’s burden. Id. at 1133; see Alderman v. Zant, 22 F.3d 1541, 1551-52 (11th Cir.), cert. denied, — U.S. -, 115 S.Ct. 673, 130 L.Ed.2d 606 (1994) (“ ‘[C]ause ... requires a showing of some external impediment preventing counsel from constructing or raising the claim.”’ (quoting McCleskey, 499 U.S. at 497, 111 S.Ct. at 1472)). Weeks has not met this burden. Accordingly, we find the ineffective assistance of counsel claim to be successive and to constitute abuse of the writ.
B. Competency to be Executed
We issue a certificate of probable cause only if the petitioner can make a substantial showing of the denial of a federal right. Barefoot v. Estelle, 463 U.S. 880, 893, 103 S.Ct. 3383, 3394, 77 L.Ed.2d 1090 (1983). While Weeks need not demonstrate that he would prevail on the merits under this standard, he is required to show that the issue is debatable among jurists of reason. Id. at 893 n. 4, 103 S.Ct. at 3395 n. 4; Richardson v. Thigpen, 883 F.2d 895, 897 (11th Cir.) (per curiam), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). Essentially, this standard also applies to an application for stay of execution. Delo v. Stokes, 495 U.S. 320, 321, 110 S.Ct. 1880, 1881, 109 L.Ed.2d 325 (1990); Fleming v. Kemp, 794 F.2d 1478, 1481 (11th Cir.1986).
Weeks argues that he is incompetent to be executed under Ford. He further contends that the state trial court’s finding that he is competent to be executed is not entitled to a “presumption of correctness” in federal court under 28 U.S.C. § 2254(d) because the state trial, court did not accord him a “full and fair” hearing and used the incorrect standard to assess his competency to be executed. Under section 2254(d), federal habeas courts are directed to presume the correctness of a state court’s determination of a factual issue. Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 769, 66 L.Ed.2d 722 (1981); Bolender v. Singletary, 16 F.3d 1547, 1552 n. 1 (11th Cir.), cert. denied, — U.S. -, 115 S.Ct. 589, 130 L.Ed.2d 502 (1994); Bush v. Singletary, 988 F.2d 1082, 1087 (11th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 705, 126 L.Ed.2d 704 (1994).
Weeks’s contention that his evidentiary hearing was not full and fair is based solely on the trial judge’s questioning of Weeks without an opportunity for his counsel to ask responsive questions. We find this argument to be invalid. The trial judge repeatedly stated that his questioning of Weeks was for the purpose of gaining insight into his mental processes, trying to determine how his mind was operating, and “probing into his mind and how he views the world and what he knows and ■[] how he perceives things.” Competency Hearing at 73; accord id. at 75, 83, 84, 94,165,171, 207, 247, 261, 338, 385-86, 425, 466, 468, 491. He specifically noted that he was not questioning Weeks and taking his answers at face value: “It’s not so much as what’s being said but what is being meant.” Id. at 77. Further, the trial judge noted that “[tjhere are much larger ... questions as to mental status examination that go from anything about subtlety about a person’s physical appearance to subtleties of their thought [1562]*1562processes to issues of how they perceived certain events in their life.” Id. at 152.
While the trial judge gave Weeks every opportunity to present all of the witnesses and evidence that he desired, the judge ultimately had to determine Weeks’s competency to be executed. We are impressed by his active intervention in questioning Weeks directly to assist him in making this determination. Weeks has not suggested any responsive questions that his counsel would or could have asked following the judge’s questioning of Weeks. The purpose of the judge’s specific questioning was to clarify aspects of Weeks’s competency so that the judge would have a more comprehensive basis for making the competency determination. As the trial judge’s order demonstrates, his factual conclusions are based completely on the evidence and the testimony presented at the evidentiary hearing as well as the judge’s personal, unsworn exchange with Weeks.
Based on its findings at the evidentiary hearing, the state court made a factual determination that Weeks was competent to.be executed. Cf. United States v. Hogan, 986 F.2d 1364, 1371 (11th Cir.1993) (“[A] state court’s conclusion that a defendant is competent to stand trial is a factfinding for habeas review purposes.... ”). The state judge used the standard of competency to be executed enunciated by the American Bar Association (“ABA”). Appendix at 1568 (quoting Std. 7.5-6, American Bar Assoc. Crim. Just. Mental Health Stds.). While our circuit has not articulated a standard as to competency to be executed under Ford, we need not determine this issue to decide Weeks’s emergency motion for stay of execution and certificate of probable cause. Whatever the standard is, it is no higher than the ABA standard advanced by Weeks and used by the state trial judge. See Martin v. Dugger, 686 F.Supp. 1523, 1572 (S.D.Fla.1988) (while opinions and recommendations by mental health experts may be helpful in making the competency determination, they “serve only as recommendations in making the final judgment”).
III. CONCLUSION
■ We conclude that the issues raised by Weeks are not debatable among jurists of reason and could not be resolved differently. Therefore, these issues do not deserve further review by this court. Accordingly, we DENY Weeks’s emergency motion for stay of execution and certificate of probable cause.
APPENDIX
IN THE CIRCUIT COURT OF MACON COUNTY, ALABAMA
STATE OF ALABAMA VS. VARNALL WEEKS
CASE NO. CC-82-042.
ORDER DENYING PETITION FOR RELIEF FROM SENTENCE OF DEATH ON GROUNDS OF MENTAL INCOMPETENCY TO BE EXECUTED
This matter first came on for consideration on the 7th day of April, 1995. The Defendant was present in Court and represented by Honorable Barry Fisher and Honorable James McMillan, both of whom were also present. The hearing occupied the entire day, but the Court was not able to conclude the matter at that time for several reasons. At the close of business on April 7, 1995, the Court continued the remainder of the hearing to April 14, 1995.1
[1563]*1563The Court entered an interim Order on April 7, 1995, which, among other things, tentatively adopted the legal standard to be applied in the determination of whether the defendant is incompetent to be executed. The Order also directed certain procedural and administrative aspects of the hearing.
The hearing was resumed on the 14th day of April, 1995. The Defendant was present in Court and represented by Honorable Barry Fisher and Honorable James McMillan, both of whom were present. The State was represented on April 14, 1995, by Honorable Clay Crenshaw, Honorable Andy Poole, and Honorable Michael Billings.
PRELIMINARY ADMINISTRATIVE MATTERS: The Court took steps to assure that defense was enabled to present all relevant evidence. At the outset of the hearing on April 14, 1995, counsel for the Defendant pointed out to the Court that a subpoena had not been served on Dr. Blaine Crum and that Dr. Crum was not present in Court. The undersigned Judge contacted Dr. Crum’s office by telephone and requested that he immediately come to the Macon County Courthouse at Tuskegee, Alabama, for the hearing. Dr. Crum willingly agreed to comply with the Court’s request.
Defense counsel also pointed out that Dr. Joseph Thomas was not present in Court although he had been served with a subpoena. The Court contacted Dr. Thomas through his office and ordered that he immediately drive from Mobile to Tuskegee for the hearing. Both office personnel and Dr. Thomas protested, 1) that because he had not seen the Defendant since January, 1995, someone else should present the testimony and 2) that the subpoena which was served upon Dr. Thomas was not signed by a judge. The Court was particularly interested in Dr. Thomas’ testimony because of his strongly worded affidavit presented by defense counsel and had directed the issuance of a subpoena to Dr. Thomas on April 7, 1995. The Court assured Dr. Thomas that all medical personnel trained in mental health who had seen or treated the Defendant in recent years were testifying in the proceeding and further explained that subpoenas are not signed by the judge but by the clerk. The Court warned that a writ of arrest would be issued for Dr. Thomas if he refused to obey the subpoena. Dr. Thomas did not agree immediately to comply with the subpoena, and the Court did in fact issue a writ of arrest for Dr. Thomas. At approximately noon, Dr. Thomas’ office called and indicated that he would voluntarily appear and that he was leaving Mobile at that time. The Court set aside the writ of arrest and so notified all necessary law enforcement officials.
PRELIMINARY PROCEDURAL MOTIONS AND EVIDENTIARY MATTERS: The Court overruled the State’s Motion to Reconsider the Legal Standard to be Applied in a hearing to determine incompetency to be executed. This Order contains an in-depth discussion of the legal issue surrounding the legal standard to be applied in this case.
The Court denied a Motion filed on behalf of the Alabama Board of Pardons and Paroles to quash a subpoena for production of certain records. It was ordered that the Board of Pardons and Paroles forward directly to the Court any and all records. During the course of the hearing, the records were in fact presented .and delivered to defense counsel.
On motion of defense counsel, it was also ordered that Holman Prison produce any and all medical records in its possession with regard to the Defendant, which records have not previously been produced by the Department of Corrections. Any such records from Holman Prison are to be forwarded directly to the Court.
COMPLETION OF EVIDENTIARY HEARING: After dealing with the foregoing preliminary matters, the Court heard all remaining evidence. The Court heard additional testimony from Dr. Robert Dennis Lyman, Dr. Barry F. Scanlon, and Dr. Harry McClaren, who had testified on April 7,1995. The Court also heard testimony from Dr. Gail Williams, Dr. Blaine Crum, and Dr. Joseph Thomas. Dr. McClaren was the sole expert called by the State. The Court devot[1564]*1564ed considerable time to hearing evidence in connection with this motion. The hearing on April 7, 1995, lasted from 9:00 a.m. to approximately 7:00 p.m., with a short recess for lunch. The hearing on April 14, T995, likewise lasted from 9:00 a.m. to approximately 7:00 p.m., with a short recess for lunch. The court believes That all relevant testimony bearing on the issues was presented during the tw;o-day hearing. In addition to reviewing briefs and arguments of the parties, the Court has conducted independent research of the legal issue involved in this matter.2
STATUS OF CASE: For the purpose of this Order, it is sufficient to say that the Supreme Court of Alabama has set the date of May 12, 1995, for execution of the Defendant. The Defendant was found guilty by a jury and waived the right to have the jury recommend a sentence. The sentence phase was decided by the judge without a jury. Defendant was sentenced to death by Judge William I. Byrd on the 23rd day of June, 1982. The case has been involved in appeals, collateral attacks,-writs of certiorari, and all the usual procedures since that time.3 Without attempting to second-guess what any other Court may do, it appears to this Court that the Defendant has exhausted all appeals and is now due to be executed, unless he is incompetent to be executed. The sole issue before this Court for decision is the alleged ineompetency of the defendant. All other matters are procedurally barred.4
This Petition for Relief from Sentence of Death on Grounds of Mental Incompetency to be Executed was filed pursuant to Title 15-16-23 of the Code of Alabama which provides as follows:
Ҥ 15-16-23. Suspending execution of death sentence of insane convict; order upon restoration to sanity; limitations on jurisdiction to suspend execution.
If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial court shall forthwith enter an order in the trial court suspending the execution of the sentence to the time fixed in the order; and, if it subsequently is made to appear to the court that such convict, the execution of the sentence of whom has thus been suspended, is restored to sanity, the trial court shall forthwith have another order entered ordering and commanding the execution of the judgment and sentence originally awarded in said court at a time fixed in such order. This mode of suspending the execution of sentence after conviction on account of the insanity of the convict shall be exclusive and final and shall not be reviewed or revised by or renewed before any other court or judge. No court or judge in this state shall have the power or right to suspend the execution of sentence of any other court of record on account of the insanity of the convict. This section shall not prevent the judge or court from impaneling a jury to try the question of insanity or from examining such witnesses as he may deem proper for guidance.”
While the present Petition was not filed pursuant to Rule 32, Alabama Rules of Criminal Procedure, the Court made it clear from the outset that the Court will construe the Petition to be filed pursuant to Rule 32, Alabama Rules of Criminal Procedure to the extent, if any, necessary to invoke the juris[1565]*1565diction of this Court to determine the issue of incompetency to be executed. The Court does not assume Rule 32 jurisdiction as to any other issues, and the Petition does not invoke the jurisdiction of the court as to any other issues.
In addition to the foregoing Alabama statute which mandates that a Defendant not be executed if he is “insane,” the Supreme Court of the United States in Ford v. Wainwright, 477 U.S. 399 [106 S.Ct. 2595, 91 L.Ed.2d 335] (1986), has forbidden the execution of an incompetent person. This Court deems its jurisdiction to be fully invoked to determine incompetency for execution under both the above mentioned Alabama statute and the requirements of the United States Constitution.
In 1988, a Petition of Coram Nobis was filed, alleging, among other things, that the Defendant’s mental condition was not given adequate consideration at the time of the trial; that the Defendant should have been found not guilty by reason of insanity; that the Defendant should have been found incompetent to stand trial and perhaps most importantly, that the mental status of the Defendant should have been raised as a mitigating circumstance at the sentence phase of the trial. The Petition also urged that defense counsel was incompetent in failing to adequately assert these matters. The Petition for Writ of Error Coram Nobis was denied, and its denial has been appropriately tested in all Courts of appropriate jurisdiction.5 The Court is not now reviewing any issue pertaining to the Defendant’s competency to stand trial, the Defendant’s mental state at the time of the alleged offense, or the Defendant’s mental status as a mitigating circumstance. The sole issue before the Court is incompetency to be executed.
PSYCHOTROPIC MEDICATION: The Petition makes allegations and seeks relief concerning the administration of psychotropic medication. The Defendant also filed a separate motion seeking an order barring the involuntary administration of psychotropic medicine. The evidence before the Court is undisputed that the Defendant has received no psychotropic medication since prior to February 1, 1995. There is also a distinct probability that although such medication was prescribed prior to that time, the Defendant has not taken any such medication for a period of approximately one year. He told expert witnesses that he had not taken the medicine, and the doctors apparently believed him. Dr. Lyman, a defense witness, agrees that medication is not a significant factor as to whether the Defendant is presently incompetent to be executed. The Court finds there to be no issue concerning involuntary administration of psychotropic medicine in this case.6 As a precautionary measure, however, the defense motion is granted; and the Court ORDERS that the State of Alabama shall not administer psychotropic medication to the Defendant, unless specifically requested to do so by defendant and his lawyers.
LEGAL ISSUE ''OF INCOMPETENCY TO BE EXECUTED: The Anglo-American system of jurisprudence has long recognized the legal principle that an insane or incompetent person is not to be executed. Blackstone, in his Commentaries written well over 200 years ago, stated this rule:
“Idiots and lunatics are not chargeable for their own acts, if committed when under [1566]*1566these incapacities; no, not even for treason itself. Also, if a man in his sound memory commits a capital offense, and. before arraignment for it, he becomes mad, he ought not to be arraigned for it because he is not able to plead to it with that advice and caution that he ought. And if, after he has pleaded, the prisoner becomes mad, he shall not be tried or how can he make his defense? If, after he be tried and found guilty, he loses his senses before judgment, judgment shall not be pronounced; and if, after judgment, he becomes of nonsane memory, execution shall be stayed for peradventure, says the humanity of the English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.” Ford, 477 U.S. at 406-07 (quoting U WILLIAM BLACKSTONE, COMMENTARIES 21-25.7
In the present case, one of the more significant legal questions is the precise statement of the standard to be applied. Sometimes, understanding the reason for a rule — its rationale — assets in arriving at an understanding of the rule itself.8 Numerous rationales have been advanced for the’ rule that an incompetent should not be executed, and neither courts nor commentators are in agreement as to the precise reason for this rule.9
Regardless of the rationale for the rule, the rule existed at common law; it exists as a matter of statutory law in the State of Alabama; and it now exists as a matter of federal Constitutional law.10 The net result [1567]*1567is that no clear standard now exists as to the circumstances that justify suspension of execution because of incompetency, and there-is considerable variation among the States with regard to the standard to be applied.11
As legal scholar Keith Alan Byers points out, “[t]he only aspect of the issue addressed and resolved by the Supreme Court is the fact that the incompetent cannot be executed.”12 The Court in Ford v. Wainwright decided an incompetent cannot be executed, but did not articulate a standard to determine whether a person is competent to be executed.
Alabama law itself is not a model of clarity. The Alabama statute quoted above, pursuant to which the present petition is filed, provides that execution is to be suspended if the Defendant is “insane.” Neither the Alabama Court of Criminal Appeals nor the Supreme Court of Alabama have interpreted the statute so as to give clear meaning to the word insane as used in the statute. As we will discuss in a subsequent portion of this Order, it is clear that in the common usage of the word, the Defendant in this case is “insane.” What is not so clear is whether the word insane in the statute is used with its generic connotation, or whether it has specialized meaning in the law. The State in this ease urges that the statute which would suspend the execution should be read in pari materia with the incompetency standard established [1568]*1568in the Criminal Code. That standard requires that “at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness ■ of his acts. Mental disease or defect does not otherwise constitute a defense.” § 13A-3-1, Code of Alabama. Thus, the State asserts that the defendant is competent to be executed if he was able to appreciate the nature and quality or wrongfulness of his act.
The defense, without waiving the possibility of a broader meaning of the word insane urges that the proper standard for the determination of the issue of incompeteney to be executed is the following standard promulgated by the American Bar Association:
A. Convicts who have been sentenced to death should not be executed if they are currently mentally incompetent. If it is determined that the condemned convict is currently mentally incompetent, execution should be stayed.
B. A convict is incompetent, to be executed if, as a result of mental illness or mental retardation, the convict cannot understand the nature of the pending proceeding, what he or she was tried for, the reason for the punishment or the nature of the punishment. A convict is also incompetent if, as a result of mental illness or retardation, the convict lacks sufficient capacity to recognize or understand any fact which may exist which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or the court. Standard 7.5-6, American Bar Association Criminal Justice Mental Health Standards.
In Magwood v. Smith, 791 F.2d 1438 (11th Cir.1986), cert. denied, 493 U.S. 923, 110 S.Ct. 291, 107 L.Ed.2d 271 (1989), the Eleventh Circuit Court of Appeals suggested that inquiries into an accused’s competency to stand trial and a death row inmate’s sanity at the time of execution are sufficiently analogous that the standards used to determine competency should provide any necessary instruction for purposes of the present hearing.13 It is possible that Magwood'is consistent with the State’s contention and gives the defendant a more difficult standard, than that proposed by the defendant.
While this Court finds the State’s argument of statutory construction attractive, this Court adopts the standard proposed by defense counsel as promulgated by the American Bar Association for the following reasons:
1) An interpretation of the Alabama statute which limits itself to the statutory definition of mental disease or defect may not be sufficiently broad to address the United States Constitutional issue of incompetence for execution as recognized in Ford v. Wainwright. One reason for adoption of the standard proposed by the defense is a practical one. As will become clear in subsequent portions of this Order and opinion, the defense has the burden of establishing the incompetency of the Defendant to be executed. Even when the standard which defense counsel has proposed is applied, this Court concludes the defense has not met its burden. If the Defendant has not met his burden under his own proposed standard, then he certainly has not met the requirement which the State would have the Court adopt. Therefore, for the purpose of this ease and for the purpose of ultimately bringing this case to a conclusion, it is quite practical to adopt the standard proposed by the Defendant.
2) A broader meaning of the word insane which includes the generic, rion-technical use of the term, is not adequate and raises the anomalous possibility that the Defendant could be insane while at the same time meeting all the criteria of competence [1569]*1569for execution under the federal Constitution and the laws of our sister states. Thus, while the interpretation adopted by this Court expands somewhat on the legal definition of incompetency as set forth in the Alabama Criminal Code, it avoids the risk of being inadequate for federal Constitutional purposes. At the same time, the statutory definition of insanity constrains the Court not to adopt the expansive generic meaning of the term insanity. In Magwood, the 11th Circuit approved a standard consistent with the one now applied by this Court. This Court is certainly not imposing a more difficult standard for the Defendant than was approved by the Magwood court.
The Alabama statute which forbids execution of an insane defendant has been a part of Alabama law at least since 1907. With regard to the standard to be applied, it likely did nothing more than codify the common law. Its apparent purpose was not to impose a more stringent requirement on the death penalty but to limit the number of applications that a defendant can make for a stay of execution because of insanity. Suffice it to say the word insane, when it was incorporated into that statute, conveyed none of the modern medical understanding of incompetence.14
PRESUMPTION OF SANITY AND THE DEFENDANT’S BURDEN OF PROOF:
It is a well-understood tenet of law that all persons are presumed to be competent.15 The burden of proof of incompetency rests with the person asserting it. In this instance, counsel for the Defendant are asserting the Defendant’s incompetency and they have the burden of proof. The burden of proof which this Court believes to be appropriate is proof to the reasonable satisfaction of the trier of fact, similar to the burden of proof in most civil cases. The burden of proof is alternatively stated as proof by a preponderance of the evidence: The gist of this burden of proof is that the Defendant must prove that, either at the present time or at the time of his proposed execution, it is more likely than not that he is or will be incompetent.16 ,
EVALUATION OF THE EVIDENCE: After hearing all the evidence and hearing five testimony from most of the mental health experts, the Court finds a remarkable similarity in the experts’ evaluations of the Defendant’s mental condition. All of the experts are agreed, for instance, that the mental disorder of the Defendant is significant. Unquestionably, based on the best psychological and psychiatric evaluations available, the Defendant suffers from a serious mental disorder.17 The problem for the Defendant [1570]*1570is that the existence of a serious mental disorder does not automatically translate into incompetence to be executed. Indeed, after careful consideration of all the evidence, this Court concludes that at the times that the Defendant was in the presence of the court— a period of 18 to 20 hours during the course of the two-day hearing — the Defendant in this case fully met the standards for competency to be executed as proposed by defense counsel. The Court saw the Defendant in person on April 7, 1995, and April 14, 1995. The undersigned Judge visited with the Defendant personally in order to gain insight into his mental condition.18 The Defendant responded appropriately to questions that show he was aware of time and, place; that he was aware of the nature of the current proceeding; that he understood both the identity and role of defense counsel; that he understood the role of the representatives of the State; that he understood the issue to be determined; that he understood the role of the judge; that he knew the date of his execution; that he understood that he would die as a result of execution — that his physical existence would come to an end. The Defendant appeared to fully understand that he was to be executed because he had been convicted of murder; he was able to name the deceased person; he remembered the approximate date of his trial and sentence and knew that he had been on death row ever since his trial and sentence. In short, there is nothing about execution or the current legal proceedings the Defendant appeared to be unable to understand and appropriately articulate.19 Evidence introduced by the State showed that in prepara-, tion for his pending death, the Defendant has given instructions to the warden concerning the disposition of his personal effects, which represents a strong degree of understanding of what is to happen. The defendant’s long-term diagnosis is schizophrenia of a paranoid type. This diagnosis has been applied to the Defendant since 1974 — long before the commission of the offense for which he is about to be executed. Defense spent a great deal of time developing and expounding upon the nature of this mental disease, but essentially everyone agrees that the Defendant is schizophrenic, paranoid type; that he suffers from delusions and occasional hallucinations; that the nature of his delusional system revolves around two centers — the first being religious and the second being racial/sexual.20 Unquestionably, the average person on the street would regard the Defendant to be “insane,” and the Defendant meets the dictionary generic definition of insanity.21
All of the experts agree that the Defendant has the ability to respond appropriately to the concrete and specific questions relating to the present moment and to correctly relate back to an interviewer what, for lack of a better term, the undersigned Judge will call a public or common understanding of such matters. The intriguing argument of defense counsel and of the experts who have testified on behalf of the Defendant is that the Defendant himself does not actually par[1571]*1571ticipate in an “understanding” of these matters in the same way that a “normal” person would. ■ '
The Defendant, through counsel and expert witnesses, urges that because of the Defendant’s delusional pattern — centered on religion and race/sex — the Defendant’s understanding of the matters required by the legal standard for competency to be executed as proposed by the Defendant are not met. They urge that the delusions actually cause the Defendant to “understand” these matters differently from others. This “different understanding” is not apparent in the way that the Defendant engages in conversation. The undersigned Judge believes and finds that the attempts by expert medical witnesses for the Defendant to look beyond the objective data; i.e., the Defendant’s response to direct questions, is speculative. Previously in this opinion, we have noted that the Defendant is schizophrenic, paranoid type and that he suffers from delusions. The Defendant asserts that he is God in various manifestations, such as God the Father, Jesus Christ, Allah. But the Defendant knows that when he is execut-. ed, his physical life will come to an end. He believes that he will then be transformed. It is precisely here that the expertise of medical experts breaks down. April 14, 1995 — the final hearing date — was Good Friday; and there are millions of people who believe that death is merely a transformation as a result of what happened on Good Friday and the following Sunday morning. The Tibetan Book of the Dead outlines a formidable trip for the deceased through the Bardo world immediately after death. These are matters of religious belief, and there is a limit to human/scientific knowledge and expertise in these matters. Dr. Lyman, one of the experts for the Defendant responded, with appropriate humor, that while millions of others may feel that death is a beginning of life immortal, in Heaven most people “don’t think they will be running the place.” What the expert says may be true, but it is also true that what happens beyond death is beyond his expertise; and the Defendant and anyone else is free to believe what they wish about the hereafter. Likewise, the opinion expressed by experts — that the delusions associated with race evidence the Defendant’s delusional understanding of the nature of his execution and death — will not stand close scrutiny. The majority of persons on death row, in fact, are Black; and there are many persons who correctly or incorrectly believe that racial persecution is associated with the death penalty. For the Defendant to make such an assertion, although this Court does not find such as assertion to be factually well-founded, is not so highly irregular and inappropriate as to cause his understanding of his pending execution to be attributable to delusion.
Dr. Lyman, a psychological expert who testified extensively for the Defendant, thought he saw a great deal of significance in the fact that the Defendant referred to a fellow inmate as his “lawyer.” Dr. Lyman seemed to think that this reflected an inability oh the part of the Defendant to properly utilize the services. of. his “real” lawyers. The Court questioned Dr. Lyman closely on the point, and there was no evidence of any material facts that the Defendant may have failed to transmit to his lawyers. Realistically, while the Court can understand Dr. Lyman’s concern, the Court is well aware of the existence of “jailhouse lawyers.” The undersigned Judge receives many, many petitions, motions, letters, and other documentation from inmates that have obviously been prepared by jailhouse lawyers. This is an every-day occurrence and carries not the slightest suggestion of incompetence. If anything, consultation with a jailhouse lawyer indicates a certain degree of clarity in the thinking of the Defendant. In this very limited instance, it is Dr. Lyman’s understanding of “reality” that falls wide of the mark. There is no competent evidence from which this Court can conclude that the Defendant has been less than fully capable of assisting counsel.
The Defendant was in the presence of the undersigned Judge for a total of nearly twenty hours in the course of this hearing. The Court had the opportunity to observe the Defendant very carefully for the entire day on April 7, 1995, and the entire day on April 14, 1995 — in addition to engaging the Defen[1572]*1572dant in conversation. When called upon to come forward, the Defendant’s behavior was a bit unusual. He brought unusual objects with him and walked in a somewhat strange manner. On1 the first day, he wore a band around his head with a domino on it that had black dots on a white background. It was a double-seven. The Defendant explained that the domino was him; i.e., Weeks, pointing out that there are seven days in a week. The second week when he came forward to have a conversation with the Judge, he brought with him a Bible, a Koran, and another book. He bowed to the Court Réporter and attempted to take a seat other than the one suggested by the Court. Perhaps these activities and others which the Court and counsel attempted to carefully document in the record, are significant in showing that the Defendant is indeed schizophrenic, paranoid type. However, at all other times, the Defendant sat quietly with counsel; he was attentive to the proceedings; he followed actions in the Courtroom with his eyes in a normal fashion. There was nothing about his behavior that was remarkable.22 Indeed, at one point in the hearing, there was an exchange between counsel. The Defendant verbally objected to what the State’s lawyer had said, asserting that he was using circumstantial evidence and that circumstantial evidence had been used to convict the Defendant. While it may have been inappropriate for the Defendant to “object,” and while there was no technical legal merit to his “objection,” the exchange provided significant insight. The Defendant understood what was going on; his argument made sense, although it was without legal merit; he clearly understood that it was the State who convicted him and was now trying to bring about his execution; and he attempted to avoid that consequence by making an objection. All in all, the Defendant’s behavior during eighteen to twenty hours in the Courtroom was unremarkable and less objectionable than that of many other criminal Defendants who have participated in court proceedings.23
After thoroughly sifting all the evidence, the Court finds that the most reliable indicia of the Defendant’s incompetence lies in the way the Defendant responded to the Court’s questions and the way he responded to direct questions by all of his interviewers, including his own medical experts. The Defendant understands that he is to be executed, why he is to be executed, the role of his lawyer and everything else that anyone else would understand about the matter. This is the case despite the fact that he suffers from a severe mental disorder. To veer away from his clear and lucid answers to these questions into the metaphysical arena of the nature of consciousness and the nature of reality, a description of what is normal, and other philosophical questions, seems to this Court to be inappropriate. Even in the realm of psychology there would be great room for disagreement as to the nature of “understanding” and of what is “normal.”24
If indeed the Defendant’s understanding of his current status, the nature of the present proceedings, the role of the persons involved in those proceedings, and the nature and reason for his pending execution, are all the products, of a delusional pattern, the extent to which his delusional pattern coincides with [1573]*1573reality is truly remarkable. Under the circumstances, the discovery of a delusional pattern and its products are quite mysterious, and can hardly form the basis for a predictable application of a rule that requires that a person be competent for execution. The open, apparent ability of the Defendant to respond cogently and appropriately to direct questions is a much more dependable guide to what the Defendant understands than is the vague and speculative suggestion of the experts.
TIME FOR DETERMINATION OF INCOMPETENCY: The Alabama statute would probably require no more than that the Court conduct a hearing to determine whether or not the Defendant is incompetent to be executed. Only if the Defendant were incompetent to be executed at the time of the hearing would the Court suspend execution. Ford v. Wainwright, however, probably requires that the Defendant be competent at the time of his execution. This Court, therefore, finds it appropriate to deal with the issue in both time frames. First, both on April 7, 1995, and April 14, 1995, when the Defendant was in the presence of the undersigned Judge, he was clearly competent to be executed. The second question — competency at the moment of execution — is a bit more difficult, and it might appear that the Court can answer that question only with the use of a crystal ball. However, the burden of proof as defined above is on the defense counsel; and they have not established to the reasonable satisfaction of the Court that the Defendant is likely to be incompetent for execution at the scheduled time for his execution. The law presumes that the Defendant will be competent at the time of his execution, and this presumption has not been overcome by the evidence presented in this matter.
Nevertheless, Ford v. Wainwright probably requires that the State not execute the Defendant on May 12, 1995, unless he is competent at that time. Accordingly, IT IS ORDERED that the officials of the State of Alabama in charge of the execution of the Defendant take steps to periodically review the mental status of the Defendant. This Court retains jurisdiction of this matter to the extent necessary to enter an Order staying execution if the officials in charge of the execution determine that the Defendant is not competent to be executed when the moment for execution arrives. Without limiting the generality of the foregoing, the State of Alabama is to cause the mental status of the Defendant to be carefully examined by competent mental health experts at least two days prior to the date of the scheduled execution and continuing up until the moment of execution. Lines of communication shall remain open at all time, and this Court is to be notified of any change in the mental condition of the Defendant which indicates that he is no longer competent to be executed. The standard to be used in making the determination as to whether he is incompetent to be executed is the standard proposed by the Defendant, promulgated by the American Bar Association:
A. Convicts who have been sentenced to death should not be executed if they are currently mentally incompetent; If it is determined that the condemned convict is currently mentally incompetent, execution should be stayed.
B. A convict is incompetent to be executed if, as a result of mental illness or mental retardation, the convict cannot understand the nature of the pending proceeding, what he or she was tried for, the reason for the punishment or the nature of the punishment. A convict is also incompetent if, as a result of mental illness or retardation, the convict lacks sufficient capacity to recognize or understand any fact which may exist which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or the court.
While the ultimate determination is a legal question for the Court, the standard is provided as a criterion for the State and its mental health professionals in making the necessary assessments up to the moment of execution.
It is therefore ORDERED, ADJUDGED AND DECREED that the Defendant’s Petition for Relief from Sentence of Death on Grounds of Mental Incompetency to be Executed be and the same is hereby DENIED.
[1574]*1574The execution is to proceed as scheduled, subject, however, to the terms and conditions hereinabove stated.
The Clerk of the Court is to mail a copy of this Order to counsel of record for the Defendant, the Office of the District Attorney, the Office of the Attorney General, the Office of the Governor of the State of Alabama, the Clerk of the Supreme Court of Alabama, and to the Department of Corrections.
SIGNED this 21st day of April, 1995.
/s/Dale Segrest DALE SEGREST, Circuit Judge