TEXAS – Green gets stay 2 days before execution EXECUTED 10:45 p.m


October 9, 2012 http://www.news-journal.com/

Two days before his scheduled execution, a Montgomery man on Texas’ Death Row for the 2000 abduction, rape and strangulation murder of a 12-year-old Dobbin girl received a stay because he wasn’t given due process to prove he is mentally incompetent for execution, a federal judge ruled Monday.

Judge Nancy Atlas, in the Southern District of Texas, ruled that Jonathan Marcus Green, 44, who was convicted in 2002 for the murder of Christina LeAnn Neal, did not receive a fair opportunity to demonstrate that he is incompetent, “and thus the State of Texas denied him due process.”

But the Texas Attorney General’s Office plans to file a motion today asking the U.S. Fifth Circuit Court of Appeals to vacate the stay.

Green is schizophrenic and “is not malingering,” said his appellate attorney, James Rytting.

“He is mentally ill … and he’s only gotten worse after being stuck in administrative segregation,” Rytting said.

In her written opinion, Atlas notes that 221st state District Court Judge Lisa Michalk, who denied Green a stay two days before he was to be executed on June 30, 2010, applied incorrect legal standards by seeking to determine if there was a change in Green’s mental capacity since his imprisonment in 2002.

“The correct question was whether Green was presently competent, regardless of his comparative mental capacity between 2002 and 2010,” Atlas wrote.

Green understood that he was convicted of killing Christina and was to be executed for that crime, the basis for Michalk’s finding that he understood why he was being executed, Atlas wrote.

But Green believed he was to be executed as a result of “spiritual warfare” between demons and God, Atlas found, and Michalk prevented Green from presenting relevant evidence, denied Green due process.

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