The State of Texas concluded this week with five executions under its belt after two mentally ill Black men were killed. DeathPenalty MentalHealth
Texas' deadly spring continues: Two Black men, Gary Green and Arthur Brown Jr. are set to be killed this week by the state.This story has been updated with information from one of Arthur Brown’s trial lawyers.
Some years are less deadly than others, but the big picture reveals a highly active capital punishment machine. that would bar people with severe mental illness from the death chamber. And leaps and bounds in forensic understanding have rendered old ideas about evidence obsolete. Even so, the road to relief for these men is long in Texas. Set to be killed Tuesday, March 7, Green was sentenced to death in 2010 for the murder of his wife, Lovetta Armstead, and her six-year-old daughter, Jazzmen, in September 2009.
Mental illness is a tricky defense in Texas, but the potential new legislation exempting people with severe mental illness from the death penalty would signal an important progression—when states set these standards, the Supreme Court takes notice, said Richard Dieter, interim executive director of the Death Penalty Information Center.
Green’s defense also asked Creuzot to help halt the execution while the litigation related to Texas’s use of expired drugs in lethal injection moves through the courts. Arthur Brown Jr. has been sitting on death row since 1994. He was convicted based on bad forensics and potentially flawed eyewitness accounts, which newly discovered evidence long suppressed by the Harris County District Attorney’s Office calls into question.
Shortly after the shooting, while the two survivors were in the hospital, police interviewed Tovar, who described three men, none of whom fit Brown’s description . Cortez was unable to pick Brown out of a photo lineup, according to court documents. But his story would change at Brown’s trial, where he identified him in front of the jury.
But in 2015, Brown’s case was re-examined to see whether the state had allowed the firearms expert to testify falsely during the trial. The results were damning: Two independent weapons experts said there was no way to tie the guns to the bullets. The firearms expert had misled the jury at the trial by claiming the bullets matched “with unflinching certainty.” The trial court sounded the alarm, recommending relief for Brown based on the new forensic context.
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