See previous posts here and here
... Green's IQ has been listed as 65, 10 points below what is generally considered the threshold for mental retardation. But two federal judges in Norfolk determined that Green did not qualify as mentally retarded under the Supreme Court's and Virginia's two-prong test. While his IQ is considered to be in the range for mental retardation, Green exceeded the minimum standard for the second prong, which looks at his "conceptual, social and practical skills," according to the judges' rulings. Those skills include use of language, the ability to handle money and keep a job, self-direction and his relationships with others.
His attorneys say Green, 31, could not hold a job while he was free, can't read, doesn't know how to use a phone and was unable to hold on to his driver's license. Though he had a girlfriend, she had to take care of him as if he were a child, they said. "He is, beyond a doubt, mentally retarded, and his execution would be unconstitutional," said Washington lawyer Sarah Wilson, who filed the clemency petition with Gov. Timothy M. Kaine. Kaine had not acted on the petition as of Friday. A spokesman for the governor declined to comment on the Green case.
The governor last year halted the execution of Percy Walton, a convicted triple murderer, based on questions of his mental capacity. Those issues seemingly resolved, Walton is now scheduled to be executed next after Green, on June 10. Green has shown no remorse for his actions that day in August 1998 at Lawrence's Grocery. (He was also tried and acquitted of the murder that year of another convenience-store merchant.)
... At his sentencing in 2002, Green told the judge: "You want to know if I have any remorse? No, I don't. I'm ready to die."
... Virginia hasn't executed anyone since November 2006. Kaine, who personally opposes the death penalty but has said he will not stand in the way of the law, has allowed four executions to go forward but has halted several others. Most recently, he issued a brief moratorium on executions in April while the Supreme Court decided the legality of lethal injection. After the court found lethal injection to be
constitutional, Kaine lifted the moratorium.
Saturday, May 24, 2008
Here is more insight on Kevin Green's clemency application and the case in general from The Virginia Pilot: