Green’s appellate attorneys unsuccessfully argued that his intellectual impairments and mental health status make him ineligible for the death penalty.
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Green, 51, was convicted in 2010 for the murder of his wife, Lovetta Armstead, and her 6-year-old daughter, Jazzmen Montgomery, the year before. After Green learned that his wife wanted to annul their marriage, he fatally stabbed Armstead and drowned Montgomery in a bathtub, according to court filings. Green turned himself into the police and confessed to the killings.
While experts testified at his trial that Green likely had schizoaffective disorder, his lawyers say his defense counsel did not adequately look at how the condition impacted his life, or what role it played in the murders. Under Texas law, jurors are allowed to consider mitigating evidence such as mental illness when deciding on a death sentence. Green appealed to the Texas Court of Criminal Appeals, which upheld his conviction and death sentence.
The U.S. Supreme Court in 2002 prohibited the execution of people with intellectual disabilities. Texas defines intellectual disability based on low IQ scores, with 70 generally considered a threshold; how inmates interact with others and care for themselves; and whether deficiencies in those areas occurred before the age of 18. The lowest IQ score that Green submitted in his state proceedings was 78, placing him in the “borderline” range of intellectual functioning.
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