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***Capital Case

***
** *Execution Scheduled for Novembe t 9, 20L7 * * *
IN THE CIRCUIT COURT OF
JEFFERSON COUNTY, ARI(ANSAS
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Jacr GonnoN GnpnNn Plaintiff

v Case No. Òó uv-tt *1 7 {
WnNov Knll,nv,
Director, Arkansas Department of Correction Defendant

COMPIAINT

1. Jack Gordon Greene is a prisoner on Arkansas death row. Greene suffers

from a psychotic disorder. This psychotic disorder manifests itself physically by

causing him to contort his body and stuff his ears and nose with paper in an

attempt to alleviate perceived (but delusional) injuries, such as the destruction of

his nervous system. It manifests itself mentally by causing Greene to attribute his
execution to a conspiracy between the State of Arkansas and his attorneys to injure

him for attempting to be extradited to his home state of North Carohna.

2. Greene has been on death row in Arkansas since L992. Since 2003, he has

been housed in total solitary confïnement behind a solid metal door. On August 25,

20L7, the Governor of Arkansas set his execution date for November 9,2077

3. Greene alleges that he is incompetent to be executed because of his psychotic

disorder. He asks the Court to conduct a hearing on his competence to be executed

and to issue a declaratory judgment holding that his execution would violate the

MONS
FILED I N MY OFFICE AND SUM
1 ISSU AT
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Eighth Amendment of United States Constitution and Article 2, § 9 of the Arkansas

Constitution.

4. If a hearing at which Greene may present evidence of his incompetence to be

executed is unavailable in this action, then Ark. Code Ann. § 16-90-506(d), which

provides the only explicitly stated process for determining a prisoner’s competence

to be executed under Arkansas law, should be declared in violation of the Eighth

Amendment of United States Constitution and Article 2, § 9 of the Arkansas

Constitution.

5. Likewise, if a hearing on competence to be executed is unavailable, the Court

should declare Ark. Code Ann. § 16-90-506(d) unconstitutional as a violation of

Article IV of the Arkansas Constitution, which establishes separation of powers.

6. Finally, the Court should issue a declaratory judgment on the separate

ground that Greene’s execution after twenty-five years on death row, most of them

spent in total solitary confinement, would violate the Eighth Amendment of United

States Constitution and Article 2, § 9 of the Arkansas Constitution.

JURISDICTION AND VENUE

7. This Court is a court of general jurisdiction that has authority to hear this

suit under Ark. Const. amend. 80 § 6(A). The Court has authority to issue a

declaratory judgment under Ark. Code Ann. § 16-111-101 et seq.

8. Venue is proper in this Court under Ark. Code Ann. § 16-106-101(d), which

provides that actions against state officers in their official capacities shall be

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brought “in the county where the defendant resides.” Director Kelley’s official

residence is in Pine Bluff, Jefferson County, Arkansas.

PARTIES

9. Plaintiff Jack Gordon Greene is a prisoner on Arkansas death row. He has

been in custody at the Varner Supermax Unit in Grady, Arkansas, since 2003. He is

currently scheduled to be executed on November 9, 2017.

10. Defendant Wendy Kelley is the Director of the Arkansas Department of

Correction. She is responsible for the supervision and operation of all Arkansas

prisons, including the Varner Supermax Unit and the Cummins Unit, where Greene

is scheduled to be executed. She is charged by statute with carrying out Greene’s

execution and with determining, per Ark. Code Ann. § 16-90-506(d), whether

Greene is incompetent to be executed because of mental illness.

PROCEDURAL HISTORY

11. This case arises from the murder of Sidney Jethro Burnett in Johnson

County on July 23, 1991. Greene was accused of killing Burnett several days after

killing his brother Turner Greene in North Carolina. Greene was tried for the North

Carolina charge first. He was convicted and sentenced to life in prison, though the

North Carolina Supreme Court later vacated the conviction because the trial court

had refused to allow Greene to proceed ex parte on a request for funds to hire a

psychiatrist. State v. Greene, 438 S.E.2d 743 (N.C. 1994).

12. After Greene’s North Carolina conviction was vacated, the Governors of

Arkansas and North Carolina signed an agreement to extradite Greene to

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Arkansas. The agreement provided that Greene would be returned to North

Carolina “should the prosecution in Arkansas be terminated in any manner other

than by the imposition of a judgment and sentence of death.” This agreement would

prove to be an unshakeable fixation of Greene’s.

13. Before Greene’s Arkansas trial, the Johnson County Circuit Court ordered

that Greene be taken to the Arkansas State Hospital for an evaluation. Tr. R. 28.1

Despite this order, Greene was not taken to the state hospital; instead state-

hospital evaluators visited Greene at his cell in Johnson County and determined

him competent to be tried. Tr. R. 46–50.

14. A jury convicted Greene and sentenced him to death on October 15, 1992.

On appeal, the Arkansas Supreme Court upheld Greene’s conviction but reversed

his death sentence because the trial court precluded the jury from hearing

mitigating evidence and because the North Carolina conviction, which formed the

basis for an aggravating circumstance, had been vacated. Greene v. State, 317 Ark.

350, 358, 878 S.W.2d 384, 389 (1994).

15. Before resentencing, the Johnson County Circuit Court again ordered that

Greene be transferred to the Arkansas State Hospital for evaluation. 2d Tr. R. at

142.2 Once again, Greene was not transferred, but instead was examined by state-

hospital employees for about an hour and a half at his cell in the Tucker Maximum

Security Unit. 2d Tr. R. at 236–37. The evaluators noted Greene’s belief that his

                                                            
1 Greene’s first trial record is filed in the Arkansas Supreme Court under No. CR-93-523.

2 Greene’s second trial record is filed in the Arkansas Supreme Court under No. CR-96-362.

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attorney was in a “conspiracy” against him but attributed this belief to “narcissistic

personality traits.” Id. at 237. They found Greene competent to proceed with

resentencing.

16. On February 29, 1996, a jury again sentenced Greene to death.

17. Greene made multiple attempts to waive appeal from this second death

sentence. On September 30, 1996, the Arkansas Supreme Court rejected Greene’s

initial attempt as equivocal. Greene v. State, 326 Ark. 179, 181, 929 S.W.2d 157,

157 (1996). Greene then attempted a second waiver. On December 9, 1996, the

Arkansas Supreme Court found this attempt unequivocal and ordered the circuit

court to make a competency determination. Greene v. State, 326 Ark. 822, 933

S.W.2d 392 (1996).

18. On January 16, 1997, the circuit court entered an order finding Greene

competent to waive his appeal. Supp. R. vol. 14 at 18–19.3 The Arkansas Supreme

Court refused to accept this order in an opinion issued on March 3, 1997. Explaining

that the “standard to be applied in death-penalty-waiver cases . . . is different from

that applied when the question is competency to stand trial,” the Supreme Court

ordered “State Hospital personnel to determine Mr. Greene’s mental capacity to

understand his choice between life and death and to resolve it knowingly and

voluntarily.” Greene v. State, 327 Ark. 511, 512–13, 939 S.W.2d 834, 835 (1997).

19. No state-hospital evaluation occurred. Instead, the circuit court held Greene

to be competent based on prior evaluations of his competence to stand trial. Supp.

                                                            
3 The record of Greene’s waiver proceedings and his third trial is filed in the form of various

supplements to No. CR-96-362.

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R. vol. 10 at 7–9. Noting Greene’s stated intent to not submit to further evaluation,

the Arkansas Supreme Court refused to accept his attempted waiver. Greene v.

State, 328 Ark. 218, 941 S.W.2d 428 (1997).

20. Greene submitted two more waiver motions and professed willingness to

submit to further psychological evaluation, but the Arkansas Supreme Court

rejected the motions and ordered briefing. Greene v. State, 329 Ark. 491, 949

S.W.3d 894 (1997).

21. The Arkansas Supreme Court again reversed the death sentence because

there was insufficient proof of the prior felony forming the basis for an aggravating

circumstance. Greene v. State, 335 Ark. 1, 977 S.W.2d 192 (1998).

22. Before the second resentencing, the trial court again ordered that Greene be

transported to the state hospital for an evaluation. Supp. R. vol. 11 at 3–4. Yet

again, Greene was not transported; rather, a state-hospital evaluator attempted to

interview Greene at the prison. Greene did not cooperate with the examination, but

the evaluator opined after a twenty-five-minute interview that Greene’s mental

status had not changed since the 1992 and 1995 evaluations. Id. at 7–10.

23. On July 1, 1999, a jury sentenced Greene to death for a third time.

24. Greene again sought to waive appeal, and the trial court ordered another

mental evaluation by the state hospital. Supp. R. vol. 11 at 33. The state hospital

found him competent to waive, and the trial court accepted the waiver in an order

issued on August 20, 1999. Id. at 36–39.

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25. The Arkansas Supreme Court accepted the waiver in an order dated October

14, 1999. Greene v. State, 338 Ark. 806, 1 S.W.3d 442 (1999). The Governor set an

execution date for December 14, 1999. However, the Arkansas Supreme Court

stayed the execution after it decided State v. Robbins, 339 Ark. 379, 5 S.W.3d 51

(1999), which created an automatic appeal in death cases, and after Greene

expressed desire to withdraw his waiver. See Greene v. State, 343 Ark. 526, 37

S.W.3d 579 (2001) (supplemental opinion dated March 8, 2001).

26. On February 1, 2001, the Arkansas Supreme Court upheld Greene’s death

sentence. Greene v. State, 343 Ark. 526, 37 S.W.3d 579 (2001).

27. The circuit court denied Greene’s petition for Rule 37 relief, and the

Arkansas Supreme Court affirmed. Greene v. State, 356 Ark. 59, 146 S.W.3d 871

(2004).

28. On October 20, 2004, Greene filed a petition for writ of habeas corpus in the

United States District Court for the Eastern District of Arkansas. Among other

claims, he alleged that he is intellectually disabled and thus ineligible to be

executed under Atkins v. Virginia, 536 U.S. 304 (2002).

29. On November 25, 2008, the district court ordered a hearing on Greene’s

intellectual-disability claim. Greene v. Norris, No. 5:04-373, ECF No. 19, Order

(E.D. Ark.). However, the hearing was cancelled after the case was reassigned to a

different judge. On November 30, 2009, after receiving correspondence from Greene,

the district court scheduled a separate hearing to determine whether Greene wished

to waive his Atkins claim. Id., ECF No. 66, Order at 7.

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30. After a hearing held on February 24, 2010, the district court determined

that Greene wished to waive his Atkins claim and referred him to federal medical

center for an assessment of whether he could waive the claim. Id., ECF No. 101,

Order (Feb. 26, 2010).

31. On October 6–7, 2011, the Court held a hearing on whether Greene was

competent to waive his Atkins claim. In an order issued on October 25, 2012, the

district court assumed that Greene suffered from a mental disease or defect but was

nevertheless “cognizant of and appreciates the practical consequences of

abandoning his Atkins claim.” Id., ECF No. 196, Order at 16–17. The court thus

permitted him to waive that claim.

32. The district court later rejected the remainder of the claims in Greene’s

habeas corpus petition. The district court refused to grant a certificate of

appealability on any claim. The United States Court of Appeals for the Eighth

Circuit likewise refused to grant a certificate of appealability on any claim. The

United States Supreme Court denied Greene’s petition for writ of certiorari on May

1, 2017.

33. On August 25, 2017, Governor Asa Hutchinson set Greene’s execution date

for November 9, 2017.

GREENE’S MENTAL ILLNESS

34. For the past thirteen years, Greene has been beset by serious mental illness.

This illness produces delusions that cause Greene to believe, falsely, that he is

being physically injured by a coalition of Arkansas Department of Correction

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(“ADC”) employees and his own attorneys to prevent him from being extradited to

North Carolina, where he believes he will receive adequate medical care. Greene’s

illness manifests itself in extreme physical contortions and self-mutilation, which

Greene considers necessary to alleviate pain from injuries such as the destruction of

his central nervous system.

35. Greene has thoroughly documented his persecutory beliefs and somatic

complaints in writings to attorneys, state government agencies, the media, courts,

and the U.S. Department of Justice. A collection of Greene’s most recent writings,

including a pro se clemency petition, is attached to this complaint as Exhibit 3.

36. Greene has stated on multiple occasions that he does not want to be

executed, but that he would rather die than continue to suffer the (imagined)

physical torture that these conspirators are inflicting upon him. Greene’s illness has

gotten worse with time, such that he cannot now rationally comprehend the purpose

of his scheduled execution.

Origins, Manifestations, and Development of Greene’s Delusional System

37. Greene began showing signs of mental illness long before he was arrested

for the offense for which he has been sentenced to death. For example, in 1982,

Greene was treated at an emergency room in North Carolina after he reported being

bitten by a snake on the side of the road and then cut a 5-inch gash in his leg with a

pocket knife, applied a tourniquet, and sucked the wound for 10 minutes. The

treating doctors reported that they doubted he was actually bitten by a snake. Ex. 4.

Three months later, Greene slit both his wrists, leaving three-inch lacerations that

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required sutures. Ex. 5. In 1985, Greene was involuntarily committed to a

psychiatric hospital after expressing fear that he would kill his brother Turner,

whom he blamed for causing the death of their mother. Ex. 6. (Greene did kill his

brother Turner six years after his admission to the psychiatric hospital, days before

committing Burnett’s murder.)

38. Greene’s obsession with the North Carolina executive agreement arose early

in his Arkansas legal proceedings. During his 1992 state-hospital evaluation, he

told examiners that he was suing the North Carolina Department of Correction

because they had “violated my constitutional and civil rights by extraditing me to

Arkansas without a hearing.” Tr. R. 49. In 1995, Greene sued several North

Carolina corrections employees for allegedly interfering with his extradition

proceedings and requested damages of $2.825 million. See Greene v. Moody, No. 95-

7 (E.D.N.C. Jan. 4, 1995). Greene frequently interrupted proceedings in his 1995

trial to complain of the issue and fired multiple attorneys his family had privately

retained because they would not pursue extradition to his satisfaction. By 1995, he

was expressing paranoid delusions, reporting to his state-hospital examiners that

“his life was in immediate danger if he remained at Tucker Prison” and that his

appointed public defender was in a “conspiracy” against him. 2d Tr. R. at 237.

39. Greene’s delusions took greater shape in 2004, about a year after he had

been moved to total solitary confinement at the Varnermax Unit. According to

Greene, on July 5, 2004, his Rule 37 attorney, Jeff Rosenzweig, conspired with a

corrections officer to injure his ear by repeatedly slamming the food slot in his cell

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door. Greene described this event in one of the many signed affidavits he has

written and sent to various courts and government officials over the years:

On 5/20/04 I fired attorney Jeff Rosenzweig he then
orchestrated/conspired w/ warden Grant Harris who then w/ aid of two
other ADC staff did cause the permanent debilitating destruction of vital
bodily functioning organs, left inner ear etc. (equilibrium) warden
Harris, learned of hole in right ear drum from prior mid 90s medical
records, on 6/2/04 placed on powerful prescription mood altering drug by
nurse Connie Hubbard as she described was for my cronic [sic] pain due
to torn rotary cuff in right shoulder, at this same time I am being druged
[sic] illegally CO//guard V. Morris is made Sgt. Works the bks by her self
every shift schedual [sic] day purposely slamming my cell door trap door
so hard repeatedly 8/10 times per day until morn of July 5th 2004 at 9:15
my left inner ear etc. erupted.

Ex. 7.

40. According to ADC medical notes, Greene visited the infirmary on September

9, 2004, complaining of persistent left ear pain and “a conspiracy to close traps

loudly for the purpose of bursting his ear drum.” The doctor reported that she heard

no loud closing of traps and that Greene’s ear was intact. Ex. 8. Examination

outside the prison likewise discovered no problem with Greene’s left ear. For

example, in 2006 Greene was seen by an ear, nose, and throat doctor at UAMS, who

found that “the left ear is completely normal with no middle ear effusion or

tympanic membrane abnormality.” Ex. 9 at 1–2.

41. By 2008, Greene’s perceived injuries had begun to spread beyond his ear. In

October of that year, for example, he requested that he be seen by a neurologist

“due to the permanent destruction of vital bodily functioning organs through

injuries inflicted endlessly sence [sic] 7/5/2004 to my brain, through burst left inner

ear etc., w/ concussion, destroying all 31-paired neurological spinal nerves.” Ex. 10.

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In affidavits from around the same time, Greene laid blame for these injuries on his

attorneys and state officials:

U.S. Presidential Candidate prior Ark. gov. Mike Huckabee and prior
att. gen. Ark. gov. Mike Beebe, both with political knowledge of
appointed and retained attorney’s, prior of current in their illicit
influence of bias senior Ark. Dept. of Corrections staff to have expedited
by racial black staff of Ark. death-row to inflict constant re-injury to
brain with concussion, destroying all thirty one (31) paired neurological
spinal nerves through burst left inner ear etc. as initially [sic] described
by same means in eleven (11) sworn affidavits court filed in both
Johnson Co. Ark. Wilkes Co. N.C. in 2005.06 whereas through
inhumane injuries maim and torture I expose this state’s appointed
political officials.

Ex. 11.

42. Medical examinations continued to provide no corroboration of Greene’s

injuries. For instance, a 2008 exam by an ADC doctor, to whom Greene complained

that “he would rather be dead than live in pain,” concluded that Greene’s perceived

pain was “out of proportion with his exam.” Ex. 12. This same doctor confirmed in

2011 that Greene’s medical charts were accurate and that he “could not determine

that anything was physically wrong with him.” Ex. 13.

43. Greene continued to express his conspiratorial views when brought before

the federal district court in 2010 and 2011. In 2010, he informed the district court

that the ADC and his attorneys were trying “to cover up these crimes against

humanity here.” He explained the “crimes against humanity” as the conspirators’

attempt:

To inflict a person with such injuries that force a person to live with such
injuries, and then spend untold thousands and thousands of dollars to
try to validate making me out to be a retard just to try to cover it up. I
live like this every moment of the day, 24/7. It’s all I can do to keep from

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dying from these injuries to my brain that has destroyed my central
nervous system. I filed complaints four, five years ago on Judge Wilson
even for having my case. I tried to file complaints through the bar
association on these lawyers that took over my case without my
authorization. And instead of helping me get medical treatment, they fly
in a neurologist and try to use it—try to use my injuries that has been
inflicted upon me like this to validate making me out to be a retard.

Greene, No. 04-373, ECF No. 105, Tr. at 6 (E.D. Ark. Feb. 24, 2010). Greene

continued to complain of his injuries and his attorneys in 2011, telling the federal

court, for example, “My frontal lobe hurts so bad I have to stick my finger in the

corner of my eye,” and, “These attorneys have violated my constitutional rights and

civil rights to cover up a felony.” Id., ECF No. 188-1, Tr. at 75, 103 (Oct. 6, 2011).

44. Greene’s mental illness has prevented him from cooperating with his

attorneys and developing meritorious claims. Greene’s only IQ test resulted in a

76—within the range for intellectual disability, which would prevent his execution

if proven in court. However, Greene’s delusions prevented his attorneys from

presenting that claim. Ex. 14 ¶6. According to his writings, Greene must battle his

attorneys to uncover the perceived conspiracy against him: “I would gotton [sic] off

Death-row 6 or 7 years ago if I would have allowed this state etc. get away with

their planed [sic] cover up of crimes against as described.” Ex. 15.

45. Since at least 2011, Greene’s mental illness has manifested itself through

bizarre physical behavior. Greene frequently contorts his body, lies on the floor, and

stands on his head in an effort to prevent his perceived physical pain. He usually

has paper or his finger stuck up his nose and ears. He often causes his nose to bleed,

leaving his face covered in blood. Greene has told his attorneys and others that he

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has to use his toilet as a desk to properly position his body. He has informed his

attorneys and others that when meals are passed on a tray through the food slot in

his cell door, he dumps the contents of the tray into his sink and immediately

returns the tray so correctional officers don’t have to open the slot again to retrieve

the tray (thus exacerbating his injuries). Greene eats his meals out of the sink. See

Ex. 16 at 2.

46. Notes by ADC medical staff capture Greene’s bizarre appearance and

delusions. For example, on March 30, 2016, a nurse recorded the following:

Presented to the cell door along with Nurse Boatner due to a request
submitted from the inmates [sic] Lawyer. Inmate had contacted his
lawyer this AM and complained of an abcessed tooth he “used a razor
blade to pierce the swollen part of his gums.” Inmate was standing at he
dorr [sic] of the cell with dried blood on his face and rolled up paper
placed in each ear. When questoned [sic] about he [sic] blood he stated
“bleed like this all the time”. Inmate was asked several times if he
understood how to access health care. The inamte [sic] stated as soon as
he could get a bar door to his cell he “would be right down to the
infirmary”. Inmate was told about proper sick cal [sic] procedures and
how to access medica [sic] care, inmate again stated understanding but
kept on about his cell door. Inmate stated several times he had a
“precussion concussion disorder” and it affected him in many ways.
Inmate will be placed on the sick call list to be seen by the nurse. Mental
health notified of inmates [sic] erratic behavionr [sic], they stated they
were awae [sic] of the inmate’s history.

47. Greene has memorialized his perceived physical ailments in a document he

entitles “ADC ceaseless inflicted injuries and symptoms 24/7 of pre-cussion

concussion brain troma [sic] injuries with total destruction of my spinal neurological

31-paired central nerve system since July 5th 2004.” Ex. 16. To list but one

additional “symptom,” Greene complains, “I’ve lost consciousness so many times

from the endlessly ADC inflicted pre-cussion concussion brain troma [sic] injuries

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inflicted 24/7 and hit my head/face on the floor, sink/toilet, cell walls, block table

etc., no longer keep count.” Id. at 1.

48. Greene’s correspondence of the past year or so, attached as Exhibit 3,

indicates that Greene’s delusions have expanded to encompass more and more

people. In May 2016, a North Carolina court appointed Greene an attorney after

Greene wrote the court numerous letters about his North Carolina proceedings.

Greene informed the attorney that he was being tortured in Arkansas and that he

wanted to be brought back to North Carolina. When the attorney did not take the

unrealistic steps Greene demanded, Greene wrote a complaint about him to the

North Carolina bar and grouped him among the attorneys who were already

conspiring against him. Exs. 17–18. Greene documented the nature of the

conspiracy in an affidavit:

May 18, 2016, State of N. Carolina v. Jack Greene, First Degree murder,
assignment of counsel Garland Baker . . . visit with att. Baker, Oct. 17,
2016 at ADC, I provided him 10-doc or so legal and med. record doc. in
prof [sic] of 13-yr’s of inhumane injuries and torture inflicted by ADC
and the attempted costly cover up in collaboration with the self
appointed Ark. Fed. Defenders, failed by and cover such inhumane
crimes, I told att. Baker, he would want to provide the U.S. Dept. of
Justice Civil Rights Dept., a Copy, instead att. Baker files no N.C. pre-
trial motions and starts himself conspiring and collaboration with the
Ark. Fed. Defenders who in turn with the ADC install (an-internet-
computer-video-camera-phone-system) in inmate visitation cell
apparently just prior of my ADC visit with N.C. att. Baker and the first
thing he says to me is maybe “just maybe” we can settle this N. Carolina
case over the internet via – Wilkes Co. Courthouse, N.C. attorney
Garland Baker knew of this ADC video computer being installed befor
[sic] I knew and sought our brief visit to try and prevent my brief return
to N. Carolina, surely expose torture (Note: telephone right outside cell
I can use 24/7 no one uses ADC computer visitation)

Ex. 3 at 45.

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49. In late 2016, Greene began writing letters to the Civil Rights Division of the

U.S. Department of Justice seeking an investigation into the ADC’s infliction of

torture upon him. In these letters, Greene complained that his attorneys’ recent

filings in the Eighth Circuit were not filed on his behalf “but rather still the

attempted cover up, ‘costly cover up’ by the self appointed Ark. Fed. Defenders office

in collaboration with the Ark. Dept. of Corrections, of the prior 13-yr’s of endlessly

inflicted crippling, maim and torture, through pre-cussion concussion brain troma

[sic] injuries, with the total destruction of my entire neurological central nerve

system etc.” Id. at 63.

50. In May 2017, Greene wrote to the North Carolina Extradition Secretary

enclosing his list of “ADC ceaseless inflicted injuries” in an attempt to “expose how

the State of Arkansas, has violated, not only the ‘Executive Agreement’ of my

extradition from North Carolina but also my civil and human rights for which is

described all through the court filed sworn-affidavits etc. and the costly cover up

behind such torture of my self here in the State of Arkansas.” Id. at 10.

51. In September 2017, in advance of October clemency proceedings, Greene

wrote to Justin Tate, Governor Hutchinson’s chief counsel, asking that the

Governor order him returned to North Carolina, “where I can obtain urgent medical

treatment.” Greene explained the situation this way:

Mr. Tate, when ever I wouldn’t stop forcing the legal issues of my return
to N. Carolina, as drafted within the “Executive Agreement” between
the State of Arkansas and North Carolina, of my “Extradition,” the Ark.
Dept. of Corrections, then criminally inflicted me, and endlessly since
July 5th 2004 with pre-cussion concussion brain troma [sic] injuries with
the total destruction of my entire neurological nerve system that has

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forced me to live for the past 13-yr’s, all crippled maimed and tortured
and endure and suffer 24/7 so inhumanly, unable to even walk etc.,
described within pages 40-41-42 of such pro-long symptoms of such
inhumane maim and torture since July 5th 2004.

Id. at 2–3.

52. ADC medical staff have recognized Greene is delusional in their notes. For

instance, on February 15, 2013, an ADC nurse noted that Greene “has ‘big Brother’

hallicuations [sic], thinking that government is after him.” A staff sergeant put it

most succinctly on October 6, 2011, when an ADC nurse asked why Greene always

has blood on his face: “Cause he stands on his head all the time. He’s kinda crazy.”

Greene’s Delusions Are Attributable to Serious Mental Illness

53. Doctors have recognized Greene’s delusions as a symptom of serious mental

illness and have diagnosed him with a psychotic disorder.

54. In 2009, Dr. Dale Watson, a neuropsychologist, examined Greene for

approximately 2.5 hours. Dr. Watson attempted further evaluations, but Greene’s

distress at his somatic complaints made it impossible for him to complete the

testing. Dr. Watson’s conclusion from his meetings with Greene and from his review

of records was that Greene was suffering from a psychotic disorder.

55. In 2011, Dr. George Woods, a psychiatrist, examined Greene. Greene

explained the pain he felt he was going through and the attempts his attorneys and

the ADC had made to cover up his maltreatment. Based on this examination and

his review of records, Dr. Woods concluded that, per the Diagnostic and Statistical

Manual (“DSM”), version IV-TR, Greene was suffering from Delusional Disorder or

from Psychotic Disorder Not Otherwise Specified.

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56. Dr. Woods attempted to evaluate Greene again on September 14, 2017.

Despite the fact that ADC mental-health services are delivered cell-side, the prison

adamantly refused to allow Dr. Woods to go to Greene’s cell door to observe or speak

to him there. Greene was taken from his cell to a room. When Greene recognized Dr.

Woods as a member of the defense team, he angrily refused to engage with him.

57. These difficulties aside, Dr. Woods was able to observe Greene. Based on

this observation, Dr. Woods’s prior examination, and review of more recent records,

including Greene’s writings, Dr. Woods concluded, per DSM-V, that Greene suffers

from a psychotic disorder, either Delusional Disorder or Other Specified

Schizophrenia Spectrum and Other Psychotic Disorders. Ex. 1 at 2–8.

58. Dr. Woods found that Greene’s mental status had significantly declined

since he last examined him in 2011. Besides his more disturbing physical

appearance, Greene’s total refusal to cooperate with Dr. Woods and others indicates

mental decline. As Dr. Woods concludes, “Mr. Greene’s complete inability to interact

with others—even those, like the North Carolina attorney, whose goals appear to

align with his—indicates a greater depth of delusional thinking.” Id. at 11. This

conclusion is consistent with the observations of laypersons who have known

Greene over the past decade. See Ex. 19.

59. Dr. Woods has concluded that Greene’s psychological disorder impedes his

rational understanding of his pending execution: “Mr. Greene does not comprehend

that his execution will be imposed as the final judgment of a court of law for the

killing of Sidney Burnett. Instead, because of his psychotic disorder, Mr. Greene

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understands his execution to be yet another step in an all-encompassing scheme to

physically harm him—a scheme that his death will allow him both to expose and

escape.” Ex. 1 at 10.

ARK. CODE ANN. § 16-90-506(d)

60. Under Arkansas law, the only explicitly provided mechanism for assessing a

prisoner’s competence to be executed appears in Ark. Code Ann. § 16-90-506(d).

That statute provides, in relevant part, as follows:

(1)
(A)
(i) When the Director of the Department of Correction is satisfied that
there are reasonable grounds for believing that an individual under
sentence of death is not competent, due to mental illness, to
understand the nature and reasons for that punishment, the
Director of the Department of Correction shall notify the Deputy
Director of the Division of Aging, Adult, and Behavioral Health
Services of the Department of Human Services.
(ii) The Director of the Department of Correction shall also notify the
Governor of this action.
(iii) The Division of Aging, Adult, and Behavioral Health Services of the
Department of Human Services shall cause an inquiry to be made
into the mental condition of the individual within thirty (30) days
of receipt of notification.
(iv) The attorney of record of the individual shall also be notified of this
action, and reasonable allowance will be made for an independent
mental health evaluation to be made.
(v) A copy of the report of the evaluation by the Division of Aging,
Adult, and Behavioral Health Services of the Department of
Human Services shall be furnished to the Mental Health Services
Section of the Division of Health Treatment Services of the
Department of Correction, along with any recommendations for
treatment of the individual.
(vi) All responsibility for implementation of treatment remains with
the Mental Health Services Section of the Division of Health
Treatment Services of the Department of Correction.

19
 
(B)
(i) If the individual is found competent to understand the nature of
and reason for the punishment, the Governor shall be so notified
and shall order the execution to be carried out according to law.
(ii) If the individual is found incompetent due to mental illness, the
Governor shall order that appropriate mental health treatment be
provided. The Director of the Department of Correction may order
a reevaluation of the competency of the individual as circumstances
may warrant.

61. Under Ark. Code Ann. § 16-90-506(c)(2), Director Kelley is vested with the

power of suspending an execution “in cases of insanity . . . as provided in subsection

(d).”

62. On September 20, 2017, Greene’s counsel wrote to Director Kelley

requesting that, as set forth in § 16-90-506(d)(1)(A)(i), she notify the Deputy

Director of the Division of Aging, Adult, and Behavioral Health Services of the

Department of Human Services that there are “reasonable grounds for believing”

that Greene “is not competent, due to mental illness, to understand the nature and

reasons” for his execution. Ex. 2. On September 21, 2017, Kelley requested

materials showing Greene is incompetent. Counsel provided Kelley with materials,

including Dr. Woods’s report and Greene’s recent writings, on September 22, 2017.

As of noon on September 27, 2017, Kelley has not responded further or otherwise

indicated that she thinks there are “reasonable grounds for believing” Greene is not

competent.

63. Kelley or her employees have impeded Greene’s counsel from developing

evidence that could be used to make the statutory showing that there are

“reasonable grounds for believing” Greene is incompetent. An investigator from the

20
 
office of the undersigned recently attempted to interview Marie Rodela, an ADC

mental-health advisor who has been seeing Greene at his cell during 2017. Rodela

appeared willing to talk with the investigator but asked to check with her

supervisor first after her husband intervened. Rodela’s supervisor told her not to

say anything to the investigator, and Rodela has provided no information about

Greene’s current mental-health status to Greene’s counsel. Likewise, prison

authorities have prohibited Greene’s expert from observing Greene under the same

conditions that ADC mental-health workers observe him under.

GREENE’S CONDITIONS OF CONFINEMENT

64. On October 15, 1992, Greene was brought to death row at the Tucker

Maximum Security Unit. This was a lock-down facility, where prisoners were

maintained in 23-hour-a-day segregation. These conditions were similar to Greene’s

current conditions of confinement, with the exception that Greene was housed

behind a barred (rather than a solid) door, which allowed interaction with other

prisoners.

65. On August 22, 2003, Greene was moved along with the rest of death row to

Varner Supermax. At Varner Supermax, Greene was placed in a cell that is

approximately 12 feet deep, 7.5 feet wide, and 9 feet high. Unlike his cell at Tucker,

Greene’s Varner cell has a solid steel door, which prevents interaction with other

prisoners. Though other death-row inmates have since been moved behind barred

doors, and though Greene has requested to also be placed behind a barred door, he

remains in a steel-door cell to this day.

21
 
66. Death-row prisoners are permitted, but not required, to spend up to five

hours outside their cells per week for recreation. They otherwise remain in their

cells, where they shower, use the bathroom, and take their meals. Food, mail, and

telephones are passed through a slot in the steel door. Death-sentenced prisoners

are not permitted to have employment.

67. Death-row prisoners have limited interaction with others even during their

five weekly hours of optional recreation. Recreation time is spent in an outdoor cage

with a concrete floor that is slightly larger than the death-row cells. Prisoners are

strip-searched upon return from the outdoor cage and have no bathroom access

while there. These conditions of recreation cause many prisoners to decline to leave

their cells altogether.

68. Greene has spent the last fourteen years in almost constant isolation, rarely

leaving his cell, even for attorney visits.

69. Greene’s complete solitary confinement has contributed significantly to his

existing mental illness. As Dr. Woods explains, “It is well understood that this sort

of [solitary confinement] arrangement has devastating consequences for the mental

health of all people—not to mention profoundly mentally disordered people like Mr.

Greene who have previous indications of mental illness.” Ex. 1 at 7.

70. Greene’s mental illness has been further compounded by the ADC’s refusal

to treat it. A review of Greene’s mental-health records shows that mental-health

services are limited to superficial interactions with ADC staff, who walk down the

prison tier and look in on prisoners briefly with little or no interaction. Commonly

22
 
the staff member will simply note that Greene “voiced no mental health concerns”—

even if, in the same breath, the staff member acknowledges that Greene was asleep

during the visit.

71. During federal habeas litigation, the social worker assigned to mental

health revealed that she had stopped speaking to Greene during her rounds after he

came up close to his cell window, showed her the blood on his face, and said, “This is

why you need to leave me alone.” The majority of Greene’s mental-health records

reflect simple observation and recordation of his odd contortions and show little, if

any, engagement with him. Greene’s medical records from this decade do not

indicate that he has been given medication for mental illness of any sort. In short,

the ADC’s cursory mental-health screening is inadequate to identify and treat

Greene’s serious mental-health needs.

CAUSES OF ACTION

COUNT ONE: GREENE IS NOT COMPETENT TO BE EXECUTED

72. The previous paragraphs of this complaint are incorporated by reference as

if fully stated herein.

73. Greene sufferers from a psychotic disorder. This disorder causes Greene to

hold the patently false belief that his attorneys and the ADC have conspired to

torture him in retaliation for attempting to be extradited to North Carolina. Greene

believes that his execution is the final act in these conspirators’ longstanding cover-

up of what he terms their “crimes against humanity.”

23
 
74. In Ford v. Wainwright, 477 U.S. 399, 410 (1986), the U.S. Supreme Court

held that the “Eighth Amendment prohibits the State from inflicting the penalty of

death upon a prisoner who is insane.” In his controlling opinion, Justice Powell

clarified that death-row prisoners are “insane,” and thus incompetent to be

executed, if they “are unaware of the punishment they are about to suffer and why

they are to suffer it.” Ford, 477 U.S. at 422 (Powell, J., concurring).

75. In Panetti v. Quarterman, 551 U.S. 930 (2007), the Supreme Court refined

the test Justice Powell articulated in Ford. In that case, the lower court had

analyzed whether the plaintiff was “aware that he [is] going to be executed and why

he [is] going to be executed.” Panetti, 551 U.S. at 956 (internal quotation marks

omitted) (alterations in original). In reversing the lower court, the Supreme Court

rejected a “strict test for competency that treats delusional beliefs as irrelevant once

the prisoner is aware the State has identified the link between his crime and the

punishment to be inflicted.” Id. at 960. Rather, an assessment of competence to be

executed must account for delusions that “so impair the prisoner’s concept of reality

that he cannot reach a rational understanding of the reason for the execution.” Id.

at 958. Put another way, a prisoner cannot be executed if his “awareness of the

crime and punishment has little or no relation to the understanding of those

concepts shared by the community as a whole.” Id. at 959. The prisoner must

comprehend the “real interests the State seeks to vindicate,” or else his execution

lacks a legitimate purpose. Id.

24
 
76. The community as a whole understands that Greene is to be executed for

the murder of Sidney Burnett. Because of his psychotic disorder, Greene does not

and cannot share this understanding. Greene’s views are so clouded by his

delusions that he believes his execution will be the ultimate act of a conspiracy to

injure and silence him.

77. Because Greene’s psychotic disorder prevents him from comprehending the

real interests the State of Arkansas seeks to vindicate, his execution would violate

the prohibition on cruel and unusual punishment under the Eighth Amendment to

the United States Constitution and the prohibition on cruel or unusual punishment

under Article 2, Section 9 of the Arkansas Constitution.

COUNT TWO: ARK. CODE ANN. § 16-90-506(d) VIOLATES DUE PROCESS

78. The previous paragraphs of this complaint are incorporated by reference as

if fully stated herein.

79. Ford and Panetti guarantee condemned prisoners certain procedural rights

under the Eighth Amendment to prove their incompetence to be executed. Once the

prisoner makes a “substantial showing of incompetency,” he is entitled to “a fair

hearing in accord with fundamental fairness,” which includes, “among other things,

an adequate means by which to submit expert psychiatric evidence in response to”

the state’s evidence. Panetti, 551 U.S. at 948–49. A fair hearing also requires an

“impartial officer or board that can receive evidence and argument from the

prisoner’s counsel, including expert psychiatric evidence that may differ from the

State’s own psychiatric examination.” Ford, 477 U.S. at 427 (Powell, concurring).

25
 
80. Greene has made a substantial threshold showing of incompetence to be

executed. He has presented a significant amount of evidence about his delusional

state. Moreover, Dr. Woods believes Greene’s psychotic disorder renders him unable

to rationally understand his punishment.

81. A hearing before this Court in which Greene is permitted to present

evidence and a judicial adjudication of Greene’s competence to be executed would

meet the basic requirements of Eighth Amendment due process articulated in Ford

and Panetti. However, if a hearing is unavailable, Ark. Code Ann. § 16-90-506(d)

provides the only practical basis for determining whether Greene is incompetent to

be executed.

82. For the following reasons, Ark. Code Ann. § 16-90-506(d) does not satisfy the

requirements of Eighth Amendment due process stated in Ford and Panetti:

a. The statute vests sole discretion in the Director to determine whether

a threshold showing has been met. Should the Director find no

“reasonable grounds” to question competence, the prisoner is executed

without any further inquiry into the matter. This decision is made

without the inmate’s input, by a state official housed in the executive

branch whose duty is to carry out warrants of execution, and who lacks

medical expertise to assess a prisoner’s competence to be executed.

b. Even if the Director determines the threshold showing has been met

and sends the prisoner to the state hospital, the statute fails to satisfy

the basic requirements of Eighth Amendment due process. Though in

26
 
this situation the prisoner’s attorney will be notified and “reasonable

allowance will be made for an independent mental health evaluation to

be made,” permitting an independent evaluation falls short of

sufficient due process. Ford and Panetti require not only that an

independent inquiry be made, but also that the decisionmaker actually

receive and consider “evidence and argument from the prisoner’s

counsel, including expert psychiatric evidence that may differ from the

State’s own psychiatric examination.” Ford, 477 U.S. at 427 (Powell, J.,

concurring).

c. Most fundamentally, the final decision on competency rests in the

hands of a member of the executive branch—the Director—rather than

a neutral decisionmaker.

83. Additionally, Ark. Code Ann. § 16-90-506(d) fails to meet the “fair hearing”

requirement and due process by depriving prisoners of an opportunity for discovery

and cross-examination and by failing to require notice of the reasons the Director

finds prisoners competent and the evidence she relied on to make that

determination.

84. Ark. Code Ann. § 16-90-506(d) is unconstitutional on its face and as applied

to Greene. Deprivation of a hearing on competence by a neutral decisionmaker

violates the due process guaranteed by the Eighth Amendment to the United States

Constitution and Article 2, Section 9 of the Arkansas Constitution.

27
 
COUNT THREE: VIOLATION OF SEPARATION OF POWERS

85. The previous paragraphs of this complaint are incorporated by reference as

if fully stated herein.

86. Ark. Code Ann. § 16-90-506(d) vests the power to determine competence to

be executed solely within the Director of the Department of Correction, a member of

the executive branch.

87. In Davis v. Britt, 243 Ark. 556, 559, 420 S.W.2d 863, 865 (1967), the

Arkansas Supreme Court addressed the following question: “Is a statute

constitutional, which takes away from the judiciary and delegates to a branch of the

executive department, the right and power to finally decide whether a person

(charged with murder) is ‘sane’ or ‘insane’?” The Court answered that question “no.”

88. Ark. Code Ann. § 16-90-506(d) commits the very act prohibited in Davis: it

places the final decision on sanity—specifically, whether a prisoner convicted of

murder is sufficiently sane to be executed—with a branch of the executive

department (namely, the Department of Correction).

89. Consequently, Ark. Code Ann. § 16-90-506(d) violates Article IV of the

Arkansas Constitution, which mandates separation of powers.

COUNT FOUR: CRUEL AND UNUSUAL PUNISHMENT BY VIRTUE OF EXCESSIVELY
LONG SOLITARY CONFINEMENT ON DEATH ROW

90. The previous paragraphs of this complaint are incorporated by reference as

if fully stated herein.

91. Greene has awaited execution on death row for twenty-five years.

28
 
92. The State is largely at fault for the delay in Greene’s execution, having

committed constitutional error in his trial proceedings on two occasions, thus

necessitating three sentencing trials over the course of a decade.

93. For the majority of his time on death row Greene has been housed in total

solitary confinement, without adequate mental-health or medical treatment, thus

causing his mental and physical state to deteriorate.

94. By itself, executing Greene after a twenty-five-year delay amounts to cruel

and unusual punishment in violation of the Eighth Amendment to the United

States Constitution and Article 2, Section 9 of the Arkansas Constitution.

95. Executing Greene after a twenty-five-year delay, and after holding him in

total solitary confinement without adequate mental-health or medical treatment,

amounts to cruel and unusual punishment in violation of the Eighth Amendment to

the United States Constitution and Article 2, Section 9 of the Arkansas

Constitution.

RELIEF REQUESTED

96. The Court should provide the following relief:

a. Grant a hearing to determine whether Greene is incompetent to be

executed;

b. Order Kelley to allow Greene’s experts access to Greene at his cell;

c. Order Kelley to permit her mental-health staff to speak about Greene

to Greene’s counsel or their agents;

29
 
d. Issue a declaratory judgment finding that Greene is incompetent to be

executed and that his execution would violate the United States and

Arkansas Constitutions;

e. If a hearing is not available in this action, issue a declaratory

judgment finding Ark. Code Ann. § 16-90-506(d) unconstitutional on its

face and/or as applied to Greene because it violates the due process

guaranteed by the United States and Arkansas Constitutions;

f. If a hearing is not available in this action, issue a declaratory

judgment finding Ark. Code Ann. § 16-90-506(d) unconstitutional as a

violation of the separation of powers found in Article IV of the

Arkansas Constitution;

g. Issue a declaratory judgment that execution of Greene’s death sentence

after twenty-five years’ confinement, either by itself or in combination

with conditions involving nearly total isolation and inadequate mental-

health treatment, violates the United States and Arkansas

Constitutions;

h. Issue any writ necessary to enforce its declaratory judgment(s) and to

halt Greene’s unconstitutional execution; and

i. Provide any other necessary and proper relief.

30
 
Dated: September 27, 20L7 Respectfully submitted,

J C. lV'lu,r¡ms, ABN 2013233
COTT BRADEN, ABN 2OO7L23
Federal Public Defender Office
john_c_william s@fd. or g
scott_braden@fd.org
1401 W. Capitol Ave., Ste. 490
Little Rock, AR7220l
(sor) 824-6L1.4

Counsel for Jack Gordon Greene

31
FORENSIC REPORT OF GEORGE W. WOODS, JR., M.D.

G
WW George W. Woods, Jr., M.D.
A Professional Corporation
Diplomate of the American Board of Psychiatry and Neurology

415-503-3959
Email: gwoods@georgewoodsmd.com
Oakland/Atlanta/Evansville

I. REFERRAL QUESTIONS

Scott W. Braden and John C. Williams, counsel for Jack Gordon Greene, referred Mr.
Greene to me for evaluation. Mr. Greene is an inmate in the custody of the Arkansas
Department of Correction under a sentence of death. Counsel for Mr. Greene asked me for
my opinion on the following forensic question:

Whether Mr. Greene is suffering from a mental disease, disorder, or defect that
renders him incompetent to be executed.

Counsel also asked me to opine on whether Mr. Greene’s mental status has changed
appreciably since I last evaluated him in 2011.

II. QUALIFICATIONS

I am a licensed physician specializing in neuropsychiatry. I am certified by the American
Board of Psychiatry and Neurology. A copy of my Curriculum Vita, containing a complete
statement of my qualifications and publications is attached as Appendix A of this report.

III. SOURCES OF INFORMATION

In order to address the referral questions, I reviewed materials provided to me by counsel
for Mr. Greene, including Mr. Greene’s recent writings and his recent mental-health records.
Additionally, his attorneys provided me information based on their recent interactions and
phone calls with Mr. Greene. I also attempted to conduct a clinical interview of Mr. Greene
on September 14, 2017. Mr. Greene initially refused to meet. However, he was brought to
the Deputy Warden’s office, where I had a chance to observe him. He had dried blood on
the left side of his face and, even in the shackles, he appeared physically deteriorated from
his previous level of health at my last visit. He continued to refuse to answer any questions.

I previously provided a report on Greene’s mental status during federal litigation in 2011,
for which I relied on numerous additional materials. For this report I reviewed that prior

Exhibit 1 Page 1
report and also relied on a previous examination of Mr. Greene conducted on April 6, 2011.

IV. CLINICAL FORMULATION

Mr. Greene suffers from a psychotic disorder and from ongoing somatic and paranoid
delusions.

Based on my clinical interviews with Mr. Greene and the extensive collateral information
I have reviewed, it is my professional opinion, which I hold to a reasonable degree of
medical certainty, that Mr. Greene suffers from a psychotic disorder along the
schizophreniform spectrum. Mr. Greene’s psychotic disorder is characterized by
encapsulated delusions and, in particular, by primarily somatic delusions and persecutory
delusions. The Diagnostic and Statistical Manual-V’s (“DSM-V”) diagnosis would be either
Delusional Disorder (page 90) or Other Specified Schizophrenia Spectrum and Other
Psychotic Disorders (page 122). The DSM-V’s definition of a delusion is: “A false belief
based on incorrect inference about external reality that is firmly held despite what almost
everyone else believes and despite what constitutes incontrovertible and obvious proof or
evidence to the contrary.”1 A somatic delusion is a delusion that “focus[es] on
preoccupations regarding health and organ function.”2 A persecutory delusion is a “belief
that one is going to be harmed, harassed, and so forth by an individual, organization, or
other group.”3 The essential feature of a delusion is its tenacity and rigidity, not its bizarre or
non-bizarre quality.

Here, a convergence of evidence demonstrates that Mr. Greene is suffering from a
psychotic disorder. Mr. Greene’s social history supports the diagnosis of a psychotic
disorder. I previously provided a declaration detailing Mr. Greene’s social history, which is
attached as Appendix B. Briefly, Mr. Greene is a 62-year-old white male who was born in
Lenoir, North Carolina. Mr. Greene was charged with capital murder in Arkansas in 1991,
convicted of capital murder in 1992, and is under a death sentence for that conviction that
was imposed in 1999. Mr. Greene’s social history reveals several key risk factors for the
development of psychotic disorder, including an extensive family history of severe mental
illness, a family history of seizure disorder, advanced paternal age, extreme poverty, early
parental loss, prolonged exposure to severe childhood trauma, early marijuana use, low
cognitive functioning, early impaired social functioning, traumatic brain injury, a history of
self-harm, and ongoing solitary confinement.

1
DSM-V at 819.
2
DSM-V at 122.
3
Id.

2

Exhibit 1 Page 2
Diverse witness accounts and records consistently describe Mr. Greene as experiencing
chronic, persistent somatic and persecutory delusions for many years—since at least 2004.
Mr. Greene believes that his eardrum is burst, that his central nervous system has been
“destroyed,” that his spinal cord has been damaged or is entirely missing, and that his brain
is swollen. The beliefs are nonpathological, meaning they are inconsistent with anatomic and
neurological pathology. He believes that he experiences constant, intense pain in his brain,
ear, and spinal cord. He also believes that these injuries are the result of a conspiracy to
injure him, perpetrated by the ADC. According to Mr. Greene, employees of the ADC
torture him by purposefully slamming a slot in his cell shut in an excessively loud fashion,
which results in the injuries described. Mr. Greene believes the ADC is maliciously denying
him proper medical treatment for his injuries. Mr. Greene further believes that his attorneys
are involved in a cover up of the ADC’s actions. Mr. Greene has described these beliefs to
his attorneys, to multiple medical personnel, to multiple psychologists and psychiatrists
(including me), in numerous handwritten letters and affidavits, and in his federal court
hearings. Multiple witnesses have described Mr. Greene engaging in bodily contortions and
other actions (such as plugging his ear with toilet paper) in an effort to deal with the pain
that he believes he is experiencing. Mr. Greene engages in other abnormal behaviors to
prevent further injury. For example, he has reported to his attorneys that he dumps the
contents of his food tray into the sink and eats out of the sink. This is so he can return the
tray immediately without the guards having to reopen the slot to retrieve it and slam the slot
to his cell.

Mr. Greene’s presentation during my clinical interview of him on April 6, 2011, was
consistent with these witness accounts. The evaluation had been set to take place in a private
room, but Mr. Greene was unable or unwilling to leave his cell. As a result, I was escorted to
his cell door and interviewed him cell-side. Mr. Greene appeared to be a middle-aged white
male wearing prison garb. His clothes were not unusual. His movements were distorted and,
at times, while fluid, contorted in extraordinary positions. Much of our interview was
conducted while he was standing on his head on the floor.

Similar to my attempted interview on September 14th, 2017, Mr. Greene initially refused
to speak with me, but he eventually proceeded to discuss with me what he perceived as his
overwhelming medical problems. Mr. Greene told me that his left eardrum had been
destroyed, that his brain was not working, and that his spine had been severed. He
emphasized that he was experiencing great pain and grimaced intensely while describing it.
Mr. Greene described, in great detail, the ongoing harassment he believes he has suffered
secondary to attempting to get the ADC to respond to his medical needs. Mr. Greene told
me that his attorneys have joined the ADC in helping the prison cover up what he believes
to be medical maltreatment. Mr. Greene acknowledged not working with his attorneys and
was unwilling to answer any questions concerning his social history. He informed me that he
had requested that the judge let him withdraw his appeals so that he end the torture that he

3

Exhibit 1 Page 3
believes he is experiencing.

Mr. Greene’s rate of speech was normal, but he was somewhat perseverative, meaning he
gets stuck in his speech pattern, often repeating phrases as if for emphasis. His thought
processes reflected some circumstantial speech with the addition of unnecessary details. His
thought content was occasionally grandiose, and most often psychotic, when discussing his
encapsulated delusional material. He was not able, during my conversation with him, to
move away from his somatic complaints. His mood was anxious, and he was angry, both at
me and his attorneys. His affect was restricted in range.

During my most recent interview of Mr. Greene, on September 14, 2017, Mr. Greene
once again refused to come out of his cell. This time the prison refused to allow me to visit
him at his cell, however, and guards had Mr. Greene physically removed to a room where I
was to meet with him. The left side of Mr. Greene’s face was covered with dried blood. The
guards did not permit me a private consultation but instead remained in the room while I
attempted to engage Mr. Greene. All Mr. Greene would say was to tell me to “get the fuck
out of here.” After further unsuccessful attempts to engage Mr. Greene, I ended the
interview.

The somatic complaints described by Mr. Greene are delusions. His beliefs about his
body are false, but he maintains them despite overwhelming evidence that they are false.
Many of the symptoms that Mr. Greene describes are non-pathological, meaning they
cannot be explained by normal anatomic means. Other symptoms he describes, while
physically possible, are not consistent with reality and certainly not consistent with the
degree of physical body control and flexibility that Mr. Greene maintains. Mr. Greene
believes that his spinal cord is not functioning, but the degree of bodily control and
flexibility that he maintains demonstrates that it is functioning. Mr. Greene believes that his
left eardrum is burst, but repeated medical evaluations have shown an intact eardrum. While
some of Mr. Greene’s medical records suggest conditions that could be painful, it is clear
that delusional beliefs about the extent, location, and cause of the pain have become
attached to any actual physical problem that he might have.

Instead of suggesting any bodily dysfunction of the sort that Mr. Greene describes,
medical reports regarding Mr. Greene have suggested that Mr. Greene is experiencing
psychological problems. For example, medical professionals at the ADC have described Mr.
Greene as “mentally unstable” and exhibiting “scattered speech” and “paranoia.” One
medical report from the federal hospital in Springfield, Missouri described Mr. Greene’s
thought process as “illogical,” stated that his speech was “erratic,” and observed that he gave
“inconsistent and unreliable” answers to questions. A nurse at the federal hospital described
Mr. Greene as “irrational” and exhibiting an appearance of “disarray.” Even when I saw him
today, Mr. Greene had dried blood covering the left side of his face.

4

Exhibit 1 Page 4
Mr. Greene’s secondary beliefs that he is being persecuted by the ADC and his attorneys
are also delusions. Mr. Greene maintains his belief in a conspiracy against him despite
overwhelming evidence that he has not, in fact, been injured and is not being denied
appropriate medical treatment by the ADC. He maintains his belief that his attorneys are
conspiring against him despite the federal district court’s assurance that his attorneys have
adequately represented him and have acted in what they believe to be his best interest.4

Mr. Greene’s presentation bears all the hallmarks of a genuine, severe delusion. The
MacArthur-Maudsley Delusions Assessment Schedule rates delusions to the extent that they
are (1) held with conviction, (2) produce a negative affect, (3) motivate the subject to act, (4)
cause the subject to refrain from actions, (5) preoccupy the subject’s thoughts, (6) pervades
the subject’s experiences, and (7) change to encompass new people or contexts. Mr.
Greene’s presentation has every one of these qualities.

CONVICTION: Mr. Greene’s beliefs are held with a rigid conviction. Mr. Greene has
complained of a burst left eardrum and extreme left ear pain since at least 2004, and there is
no evidence that this belief has ever waivered. He has consistently rejected intervention that
did not support his beliefs. He holds onto his belief even though he has never had one
medical provider of any type find evidence that supported his false beliefs.

NEGATIVE AFFECT: Mr. Greene’s beliefs produce a negative affect in several ways.
They make him unhappy inasmuch as he has repeatedly expressed that he would rather die
than live in the pain that he feels. Mr. Greene’s delusional beliefs also make him anxious and
angry, as multiple people who have interacted with Mr. Greene describe. Mr. Greene’s anger
at the ADC, his attorneys and, today, at me, is a manifestation of the negative affect of his
delusion. He is angry at the ADC staff because he believes they are injuring him and failing
to treat his injuries. He is angry at his attorneys because he believes that they are attempting
to cover up the ADC’s crimes.

ACTION: Mr. Greene’s beliefs motivate action. This particular characteristic is seen in
Mr. Greene’s case on a daily basis. In effort to deal with the pain he experiences, Mr. Greene
contorts himself in awkward positions for most of the course of a day, although he can
occasionally be seen lying on the floor or in the bed. Mr. Greene will plug his ear with make-
shift earplugs and insist on being transported by wheelchair. The actions that Mr. Greene
takes in response to his somatic beliefs occur in a wide variety of situations. He has exhibited
these actions in meetings with his attorneys; during medical evaluations; in court; and while

4
February 24, 2010 Status Hearing Transcript at 11–12; Order, Greene v. Hobbs, No. 04-cv-
00373-SWW, Doc. 130.

5

Exhibit 1 Page 5
sitting alone in his cell. Much of his time is consumed with hypergraphic writings about the
perceived conspiracy and his perceived injuries.

INACTION: Mr. Greene’s delusional beliefs also result in inaction. In most instances,
Mr. Greene will not meet with his attorneys5 because he believes that doing so aggravates
his pain and because he believes that they are conspiring against him. Mr. Greene will not
participate in neuropsychological testing arranged by his attorneys for the same reasons.6
On the single occasion on which Mr. Greene has agreed to visit with his attorneys in the past
decade, he did so in the presence of Mr. Greene’s pen pal, whom Mr. Greene has not yet
incorporated into his delusion. Likewise, when Mr. Greene accepts mail from his attorneys,
it is to receive documents that he believes are needed to prove his injuries. He refused to see
me as well.

PREOCCUPATION: Mr. Greene’s beliefs focus on his somatic complaints. Josh Lee, an
attorney who represented Mr. Greene from 2009 to 2016, explains:

During my private in-person and telephone contact with Mr. Greene, he was
obsessively focused on his belief that there was a conspiracy against him. Mr.
Greene told me that an extradiction [sic] agreement obligated the State of
Arkansas transfer him to North Carolina, where another charge was pending
against him. He told me that he had been “pushing” that issue for years and
that, as a result, various people acting on behalf of the State of Arkansas were
retaliating against him. He said that, in retaliation, prison guards had assaulted
and battered him and that, due to these “crimes,” he had suffered various
permanent, excruciating, and debilitating injuries. Mr. Greene believed that
essentially everything in his life was related to this conspiracy. 7

Mr. Greene’s presentation during his federal court hearings and during his clinical interviews
with me also demonstrate a single-minded preoccupation with his delusional material. It is
true that Mr. Greene can think about and discuss other things. Mr. Greene is able to discuss
other issues beside his somatic delusion for short periods. While Mr. Greene does not
exclusively think about his somatic concerns, they overwhelmingly predominate.

5
February 24, 2010 Status Hearing Transcript at 12; Declaration of Tonya Willingham;
Returned Mail of Federal Public Defender; Motion for Leave to Depose, No. 04-cv-00373-SWW,
Doc. 76 ¶¶ 8–9.
6
Declaration of Dr. Dale Watson ¶ 17.
7
Declaration of Josh Lee ¶ 5–6.

6

Exhibit 1 Page 6
PERVASIVENESS: Mr. Greene’s delusions are pervasive in the sense that he relates and
interprets many of his experiences as related to the delusional belief. The pervasiveness of
Mr. Greene’s delusion is shown most clearly by his incorporation of his attorneys into his
encapsulated delusion. Mr. Greene has had a number of different attorneys during the past
decade, and as soon as he realizes that a new attorney will not address his somatic
complaints, Mr. Greene interprets this experience in light of his delusion; he incorporates
the new attorney into his delusion by concluding that the attorney is participating in a cover
up. The incorporation of attorneys and others attempting to evaluate him for his attorneys is
complete. There have no been persons he has been willing to see, within the legal sphere.

FLUIDITY: Mr. Green’s delusion is fluid. It incorporates the ADC, the Arkansas
Government, his attorneys, and others, as they attempt to assess him. His delusion that he
has been injured by the clanging of his cell door has been constant since 2004. However, the
particularities of his injuries, and the people involved, have shifted over time. Regarding his
injuries, in 2004, Mr. Greene complained primarily of a burst left ear drum and of extreme
pain in his left ear. By 2006, Mr. Greene was complaining not only of injury to his left ear
but also of injury to his brain and spine. Currently, Mr. Greene complains that his nervous
system has been destroyed and that he has a “pre-cussion concussion.” Regarding the people
involved, Mr. Greene’s somatic delusion evolved to include secondary, persecutory delusions
and grew to encompass prison medical staff and his attorneys. That the particularities of Mr.
Greene’s injuries shift over time and that he incorporates more and more people into his
delusion reinforces the degree of fluidity. For example, Greene was appointed an attorney in
North Carolina in 2016 to assist him with pending proceedings there. Mr. Greene told the
attorney that he was being constantly injured in the Arkansas prison. When this attorney
would not help Mr. Greene be returned to North Carolina in the manner Mr. Greene saw fit,
Mr. Greene attempted to file grievances on him with the North Carolina bar. 8

Mr. Greene’s mental illness and delusional conduct are exacerbated by both the
conditions of his confinement and his lack of adequate mental-health treatment by prison
authorities. From 1992 to 2003, Mr. Greene was housed at the Tucker Max unit, where
prisoners were held in isolation though with some opportunity to exercise and interact with
fellow prisoners. Since 2003, Mr. Greene has been housed at Varner in completely solitary
confinement, behind a solid door that prevents interaction with other inmates. Prisoners are
allowed out of their cell for one hour a day, where they may access an “exercise” area that is
akin to a small carport. It is well understood that this sort of arrangement has devastating
consequences for the mental health of all people—not to mention profoundly mentally
disordered people like Mr. Greene who have previous indications of mental illness. I find it
notable that Mr. Greene’s somatic and persecutory delusions began about a year after he was

8
See Declaration of Garland Baker ¶6.

7

Exhibit 1 Page 7
moved to total isolation at Varner.

The detrimental effect of solitary confinement is compounded by the fact that death-row
inmates at Varner have superficial, if any, access to mental health care. Depositions
conducted in prior litigation in Mr. Greene’s case demonstrate that. For example, the prison
staff member who used to be responsible for screening Mr. Greene for mental health
problems, Julia Partain, admitted in a deposition that she did so without even speaking to
Mr. Greene. A second prison staff member who has screened Mr. Greene for mental illness,
Natasha Martin, revealed in her deposition that she lacks even the most rudimentary
knowledge of psychology and mental health symptoms. And Sandra Bonner, a former staffer
who once screened Mr. Greene for mental illness, admitted in a declaration that her
supervisors warned her against providing psychiatric treatment to death row inmates because
“[t]he mental health services unit did not want to be involved in any way with an inmate’s
efforts to stop their execution by claiming mental illness.”

Review of Mr. Greene’s most recent mental-health records shows that this state of affairs
continues. Mental-health treatment consists of staffers briefly stopping by Mr. Greene’s cell
and inquiring about his status. Typically the staffer will make an entry saying Mr. Greene
“voiced no mental health concerns” and leave it at that. Staff uses this formulation even
when also noting that Mr. Greene is asleep, making it a worthless indicator of Mr. Greene’s
mental-health status. Mental-health staff do not otherwise attempt to intervene or otherwise
provide mental-health treatment, though Mr. Greene’s need for it is obvious. From my
review of mental-health records, it appears that Mr. Greene has not been provided the type
of psychotropic medication that one would expect a person in his condition to be
prescribed.

In summary, Mr. Greene’s delusions are false beliefs that he has maintained despite
overwhelming evidence that they are false. Mr. Greene believes, despite overwhelming
evidence to the contrary, that his left ear, brain, and spinal cord have been injured by the
clanging of his cell door and that his injuries are being maintained and suppressed by the
action of a wide-ranging conspiracy. There is no evidence that Mr. Greene is exaggerating or
feigning these beliefs. Mr. Greene’s beliefs meet all the characteristics of a delusion.
Accordingly, Mr. Greene suffers from a psychotic disorder, Delusional Disorder or Other
Specified Schizophrenia Spectrum and Other Psychotic Disorder. I hold these views to a
reasonable degree of medical and professional certainty.

V. FORENSIC FORMULATION

For the reasons explained below, Mr. Greene is incompetent to be executed as a result of
his psychotic disorder.

8

Exhibit 1 Page 8
A. Legal standard for incompetence to be executed.

The United States Supreme Court has defined the standard for competency to be
executed in Ford v. Wainwright, 477 U.S. 399 (1986), and Panetti v. Quarterman, 551 U.S. 930
(2007). The controlling opinion in Ford holds that prisoners are incompetent to be executed
if they “are unaware of the punishment they are about to suffer and why they are about to
suffer it.” Ford, 477 U.S. at 422 (Powell, J., concurring). In Panetti, the Court clarified that this
standard does not mean “that a prisoner is automatically foreclosed from demonstrating
incompetency once a court has found he can identify the stated reason for his execution.”
Panetti, 551 U.S at 959. Rather, a person is incompetent if “delusions . . . so impair the
prisoner’s concept of reality that he cannot reach a rational understanding of the reason for
the execution.” Id. at 958. “The potential for a prisoner’s recognition of the severity of the
offense and the objective of community vindication are called in question . . . if the
prisoner’s mental state is so distorted by a mental illness that his awareness of the crime and
punishment has little or no relation to the understanding of these concepts shared by the
community as a whole.” Id. at 958–59.

B. Mr. Greene has a mental illness and suffers from persistent delusions.

As discussed in detail in Part IV above, Mr. Greene suffers from somatic and persecutory
delusions and from a mental illness that lies along the same spectrum as Schizophrenia. I
hold this opinion to a reasonable degree of medical and professional certainty.

C. Mr. Greene’s mental illness renders him incapable of rationally understanding
the reason for his execution, and thus incompetent to be executed.

Based on my review of records and discussions with his attorneys, Mr. Greene can
articulate that he is to be put to death for the killing of Sidney Burnett. That basic
comprehension, however, does not by itself satisfy the competency inquiry. I am also to
assess whether Mr. Greene’s understanding of his punishment is distorted by his mental
illness to the point that it departs from “concepts shared by the community as a whole.”
Panetti, 551 U.S. at 959.

Mr. Greene’s psychotic understanding of his execution is dominated by his somatic and
persecutory delusions. In Mr. Greene’s mind, his execution is the culmination of the ADC’s
conspiracy against him. Mr. Greene accepts the execution as a means of escaping the torture
he (delusionally) believes he has been exposed to. As Mr. Greene has repeatedly stated, he
would rather be executed than continue to suffer the injuries he believes the prison guards
have inflicted on him.

Mr. Greene has had one goal in his life over the past several years (if not before): to

9

Exhibit 1 Page 9
expose the conspiracy that he is believes is being carried out against him. His fixation on this
objective has been especially pronounced during the past year, during which he has written
everyone from the Civil Rights Division of the U.S. Department of Justice to local news
reporters to share a catalogue of his injuries and complaints about the conspirators. This
obsession has colored Mr. Greene’s comprehension of his execution, such that he cannot
understand it as the final step in carrying out his criminal sentence. Instead, it is the final step
in a cover up. As he recently wrote a news reporter, “My worse fear is not of dying of my
inhumane injuries or being put to death from execution, for we must all stand in judgment
of God, my earthly fear is this system getting away with what has/is being done to me over
the past 13 years.”

Paradoxically, Mr. Greene apparently sees his execution not only as a way to escape
physical torture, but also as a means to expose the conspiracy against him. For example, he
recently wrote, “I would have gotten off Death Row 6 or 7 years ago if I would have allowed
this state etc. to get away with their planned cover-up of crimes as described.” Mr. Greene’s
desire to go to his death in the service of a delusional goal belies a rational understanding of
his execution.

Mr. Greene’s incomprehension of the purpose of his execution is further exhibited in his
approach to clemency proceedings. Mr. Greene wishes to petition for clemency, but on one
ground only—that he be extradited to North Carolina. He wants to be extradited to North
Carolina so that he may receive that medical treatment he believes is being denied by the
ADC. Otherwise he would prefer to be executed so the prison will stop injuring him. Mr.
Greene’s belief in the conspiracy to inflict these injuries, as already discussed, is the product
of a delusion. The community at large would not share Mr. Greene’s belief that he is being
executed as part of a cabal. I thus cannot conclude that Mr. Greene’s understanding of his
execution is the product of rational thought.

In sum, Mr. Greene does not comprehend that his execution will be imposed as the final
judgment of a court of law for the killing of Sidney Burnett. Instead, because of his
psychotic disorder, Mr. Greene understands his execution to be yet another step in an all-
encompassing scheme to physically harm him—a scheme that his death will allow him both
to expose and escape. It is thus my conclusion, to a reasonable degree of medical and
professional certainty, that Mr. Greene is not competent to be executed.

D. Mr. Greene’s mental status has deteriorated since his last evaluation in April
2011.

Finally, I was asked to provide an evaluation of Mr. Greene’s mental status today as
compared to his mental status at the time I last evaluated him in 2011. It is obvious that Mr.
Greene’s mental condition has seriously deteriorated over the past six years. Although I did

10

Exhibit 1 Page 10
Exhibit 1 Page 11
Attachment A

Exhibit 1 Page 12
G
WW GEORGE W. WOODS, JR., M.D., F.A.P.A.
A PROFESSIONAL CORPORATION
DIPLOMATE OF THE AMERICAN BOARD OF PSYCHIATRY AND NEUROLOGY

415 503 3959
gwoods@georgewoodsmd.com
Oakland Atlanta Evansville

Curriculum Vitae
401 Grand Avenue, #380
Oakland, California 94610

4062 Peachtree Rd NE Suite D-203
Atlanta, Georgia 30319

437 South Rotherwood Avenue
Evansville, Indiana 47714

Education
1981-1982 American Psychiatric Association/National Institute of Mental Health
Fellowship Pacific Medical Center, San Francisco, California

1981 Residency — Psychiatric - Pacific Medical Center, San Francisco, California

1977-1978 Internship — Medical/Surgical, Highland Hospital, Oakland, California

1977 M.D. — University of Utah, Salt Lake City, Utah

1969 B.A. — Westminster College, Salt Lake City, Utah

Leadership Positions
2017 Secretary General, International Academy of Law and Mental Health, during the
amalgamation with the Institute of Ethics, Medicine, and Public Health at the
Sorbonne, Paris, France

2016 Associate Editor, Journal of Policy and Practice in Intellectual
Disabilities

Exhibit 1 Page 13
2016 Deputy Chairperson, International Association for the Specialized Study of
Intellectual and Developmental Disabilities, Special Interest Research
Group(SIRG)

2015 President, International Academy of Law and Mental Health

2013 President Elect, International Academy of Law and Mental Health

2009-2013 Secretary General, International Academy of Law and Mental Health

Licenses & Certifications
2014 Certified International Association for the Scientific Study of Intellectual and
Developmental Disorders Academy (IASSDD) Academy Instructor.

2008 Certified Mediation Specialist, California State University, Sacramento,
California

2004-2005 Interim License, Zanzibar Revolutionary Government

1992 Certified by the American Board of Psychiatry and Neurology

1979 Licensed Physician in California

Honors
2017 Secretary General, International Academy of Law and Mental Health

2015 President, International Academy of Law and Mental Health

2013 Keynote Speaker, Tenth Anniversary of the San Francisco Behavioral Health Court

2013 Vice President/President Elect, International Academy of Law and Mental Health

2009-2012 Secretary General, International Academy of Law and Mental Health

2009 Co-Chair, International Academy of Law and Mental Health Congress, New York
University Law School

2007 Co-Chair, International Academy of Law and Mental Health Congress, University
of Padua, Padua, Italy

2007 Executive Committee, International Academy of Law and Mental Health

Exhibit 1 Page 14
1993 Outstanding Professor Award, Goodrich Program, Department of Public Policy,
University of Nebraska at Omaha

1992 National Medical Enterprises’ Outstanding Medical Director of Psychiatric,
Rehabilitation and Recovery Hospitals

1992 Chief of Staff Award for Outstanding Service, East Bay Hospital, Richmond,
California

Faculty and Professional Appointments
2012-present Lecturer, University of California Berkeley School of Law

2012 Newsletter Editor, Challenging Behaviors Special Interest Research Group,
International Association for the Scientific Study of Intellectual Disabilities

2008 Secretary, American Psychiatric Association’s Africa Action Committee

2003 Adjunct Professor, California State University, Sacramento, Department of
Educational Leadership and Public Policy, Sacramento, California

2002-present Adjunct Professor, Morehouse School of Medicine, Department of Psychiatry,
Atlanta, Georgia

1999-2004 Affiliate Professor, University of Washington, Bothell Campus, Interdisciplinary
Arts and Sciences

1996-2000 Adjunct Professor, University of California, Davis, Department of Psychiatry,
Forensic Fellowship
1992 Summer Faculty, North Central Educational Research Laboratory, Northeastern
University

1986-2002 Adjunct Professor, University of Nebraska, Omaha, College of Public Affairs

Advisory Boards
2016 Marsh Clinics, Oakland, California

2013 International Association of Trauma Professionals

2013 Celebrating a Decade of Behavioral Health Court, San Francisco, California,
Honorary Committee

Exhibit 1 Page 15
2012 Executive Committee, Challenging Behaviors Special Interest Research Group,
International Association for the Scientific Study of Intellectual Disabilities

2006-present Executive Committee, International Academy of Law and Mental Health

2004-2007 Advisory Board, Health Law Institute, DePaul University, College of Law

2004-present Advisory Board, Human Dignity and Humiliation Studies, University of Trondheim,
Norway

2004-2010 Board of Directors, The Center for African Peace and Conflict Resolution, College
of Health and Human Services, California State University, Sacramento

2003-present International Board of Directors, International Academy of Law and Mental
Health

Professional Affiliations
International Neuropsychological Society

American Academy of Psychiatry and the Law

International Association for the Scientific Study of Intellectual Disabilities

Northern California Psychiatric Society

American Society of Addition Medicine

American Psychiatric Association

Black Psychiatrists of America

American Neuropsychiatric Association

American Psychological Association

American Association for Intellectual and Developmental Disabilities

Exhibit 1 Page 16
Clinical Experience & Consultation
1983-present Individual private practice, Bay Area, California

2016 San Francisco Police Department Crisis Intervention Training(SFPD CIT): The Brain

2015 SFPD CIT: Substance Abuse

2015 SFPD CIT: The Adolescent Brain and Cognition: Slow Down and Watch

2015 SFPD CIT: The Developing Brain

2015 Criminal Justice and Mental Health Reform. San Francisco Collaborative Courts,
Collaborative Courts Training Series

2015 Complex Trauma: Effects and Intervention.
San Francisco Collaborative Courts, Collaborative Courts Training Series

2014 Undoing the Damage: The Mental Health and Criminal Justice Tragedy.
San Francisco Collaborative Courts, Collaborative Courts Training Series

2014 The Constitutional Implications of Ebola: Civil Liberties & Civil Rights in Times of
Health Crises, University of California, Irvine Law School

2014 SFPD CIT: The adolescent and geriatric brains, more alike than different?

2014 Moderator; The Easy Read Project: an investigation into the accessibility value of
health- based “easy read” literature; Television viewing habits and preferences of
adults and your people with intellectual disability: a survey using a Talking Mats
Questionnaire; Effectiveness of Computer-Based Simulations on Learning of Social
and Communication Skills by Children with IDD and ASD; Social media and
intellectual disabilities: IASSID European Regional Congress, Vienna.

2014 Risk Assessment in Neurodevelopmental Disorders, IASSID European Regional
Congress, Vienna

2013 Task Force on Determination of Intellectual Disability for the Courts, American
Association for Individuals with Intellectual Disabilities

2011 San Francisco Police Department Crisis Intervention Training (CIT): Suicide
Assessment, Mood disorders, thought disorders, and personality disorders

2010 Task Force on Mental Retardation and Forensic Practice, American Association for
Individuals with Intellectual Disabilities.

2006-2009 Projects Among African Americans To Explore Risks for Schizophrenia
(PAARTNERS), Consensus Diagnosis Group, Minority Mental Health Research
Group, Department of Psychiatry, Morehouse School of Medicine, Atlanta, Georgia

Exhibit 1 Page 17
2006 National Consortium on Disaster Response for the Poor and Underserved,
Developmental Task Force for the Minority Mental Health Professions Foundation,
Atlanta, Georgia

2006 Georgia Congressional Representative Cynthia McKinney’s Post-Katrina Working
Task Force

1998-2004 Consultant to the Board of Directors, Crestwood Behavioral Health Systems,
Stockton, California

1994-1996 Senior Consulting Addictionologist, New Beginnings Programs, San Ramon and
Pinole, California

1988-1996 Individual Private Practice, Pinole, California

1994-1995 Chemical Dependency Consultant, Physicians’ Advisory Committee, Alameda
Contra Costa Medical Association

1990-1995 Consultant, Insomnia Division of the Sleep Disorders Center, Doctors Hospital,
Pinole, California

1992-1994 Qualified Medical Examiner, Industrial Medical Council, State of California

1990-1994 Medical Director, Pain Management Program, Doctors Hospital, Pinole, California

1991-1993 Psychiatric/Pharmacologic Consultant, Triumph Over Pain (TOP Program), Kentfield
Rehabilitation Hospital, Kentfield, California

1991-1993 Psychiatric Consultation, NeuroCare Corporation, Concord, California

1989-1994 Clinical Director, New Beginnings Chemical Dependency Program, Doctors Hospital,
Pinole, California

1988-1993 Private Practice, Comprehensive Psychiatric Services, Walnut Creek 1983-1990:
Staff Psychiatrist, Crestwood Manor, Vallejo, California

1982-1983 Medical Director, Westside Geriatric Services of Family Service Agency of San
Francisco

1982-1983 Staff Psychiatrist, Villa Fairmount Psychiatric Facility, San Leandro, California

1981-1982 Assistant Director of the Inpatient Center, Director of Geriatric Services, Pacific
Medical Center, San Francisco, California

1980-1981 Medical Director, Clinica De La Raza, Blythe, California

1979-1981 Emergency Room Physician, Medical Emergency Services, Fairmount Hospital, San
Leandro, California

Exhibit 1 Page 18
International Clinical Experience & Consultations
2017 Cognitive Factors to Financial Crime Victimization: International Academy of Mental
Health, Prague.

2017 From the Profession: First Concepts, Stigma, and Science. Punjab Judicial
Conference, Lahore High Court and Supreme Court, Lahore, Pakistan.

2017 From the Profession: First Concepts, Social History, The Mental Status
Examination. Punjab Judicial Conference, District Court, Sessions Court,
Prosecutors, Lahore, Pakistan.

2016 Cultural Implications of Utilizing and Developing Neuropsychological and
Intelligence Instruments. United Nations Human Rights Commission, Zomba,
Malawi

2015 Neurodevelopmental Disorders: Training for Clinicians. Zomba Mental Hospital,
Zomba, Malawi

2006-2008 Adjunct Professor, Makerere University, Department of Psychiatry, Kampala,
Uganda

2006-present Human Rights Committee, International Academy of Law and Mental Health,
Montreal, Quebec, Canada

2006 Visiting Staff Psychiatrist, Butabika National Hospital, Kampala, Uganda

2004 Clinical Consultant, Kidongo Chekundu Mental Hospital, Zanzibar, Tanzania

2004 Scientific Committee, International Academy of Law and Mental Health

1998-2004 Technical Advisor, Documentation Committee, Operation Recovery, Kenya
Medical Association

1999-2003 Advisor - the Jomo Kenyatta National Hospital, PTSD Project, Nairobi, Kenya

1998-2003 Technical Advisor- Recovery Services, Ministry of Health, United Republic of
Tanzania

Exhibit 1 Page 19
Clinical Lectures
2017 Criminal Law and Mental Illness: The Rising Significance of Neuroscience in the
Courts, APA Pre-Conference Training, Washington, D.C.

2017 Neuropsychiatric Aspects of Physical Disease: San Francisco Economic Round
Table

2017 Culture, Science, and Justice: People of Color and the Mentally Ill as the Canaries
in our Toxic Mental Health and Mass Incarceration System; Dignifying Madness:
Civil Commitment, Disability Rights, and Mass Incarceration: A Symposium at UC
Berkeley School of Law

2016 United States Congressional Briefing: Gun Violence and Trauma, Washington,
DC2016: Culture, Science, and Justice: Hampton University, Hampton, Virginia

2016 Alcohol Related Neurodevelopmental Disorders: An Update on Diagnosis,
Assessment, and Treatment, International Association for the Specialized Study of
Intellectual and Developmental Disorders(IASSIDD), Melbourne, Australia

2016 Children and Adolescents with Developmental Disorders (Moderator);
International Association for the Specialized Study of Intellectual and
Developmental Disorders (IASSIDD), Melbourne, Australia.

2016 Psychiatric Conditions and Developmental Disabilities (Epilepsy, 22q11.2 deletion
syndrome, Potoki-Lupski duplication syndrome) (Moderator): International
Association for the Specialized Study of Intellectual and Developmental Disorders
(IASSIDD) Melbourne, Australia.

2016 Aging and Cognition in Prisoners with Intellectual and Developmental Disabilities
(Workshop): International Association for the Specialized Study of Intellectual and
Developmental Disorders (IASSIDD), Melbourne, Australia

2016 Justice For The Mentally Ill: The ABA Criminal Justice Mental Health Standards.
Disclosing Danger and Other Real-World Issues. The American Bar Association and
UC Hastings Constitutional Law Quarterly and Race and Poverty Law Journal

2015 Moderator, Women & Mass Incarceration: The U.S. Crisis of Women and Girls
Behind Bars. Bad Science. The University of California Law School, Irvine

2015 Neurobehavioral Assessment: Malawi Human Rights Commission

2014 Adolescents and the Elderly; More alike than you would expect. San Francisco
Police Department Crisis Intervention Training.

2014 Bipolar Disorder in Pregnancy: Meena Kumari, MD: George Woods, MD, Faculty
Discussant

Exhibit 1 Page 20
2013 High Prevalence of Brain Pathology in Violent Prisoners: A Qualitative CT and MRI
Scan Study: Journal Club, Racquel Reid, MD, George Woods, MD, Faculty
Discussant

2013 Medical disorders that masquerade as psychiatric disorders. International
Academy of Law and Mental Health, Amsterdam, Netherlands

2013 Does Policy Drive Science? University of California, Berkeley, Integrative Biology
Course (MCB15)

2013 Understanding Combat-Related Post-Traumatic Stress Disorder: Andrea
Brownridge, M.D., J.D.; George Woods, M.D., Faculty Discussant

2012 The Neurobiological Effects of Trauma: District of Columbia Criminal Court,
Superior Division Third Annual Criminal Justice Conference, Mental Illness and
Treatment: Past Present and Future

2012 Neurodevelopmental Disorders: International Association for the Scientific Study
of Intellectual Disorders, Halifax, Nova Scotia

2012 Diabetes and Weight Control, Moderator: International Association for the
Scientific Study of Intellectual Disorders, Halifax, Nova Scotia

2012 Health Inequalities in Developmental Disabilities, Moderator: International
Association for the Scientific Study of Intellectual Disorders. Halifax, Nova Scotia

2012 The Neurobiology of Trauma: San Francisco YWCA Intern Training.

2011 Mood and Thought Disorders in Crisis Intervention: San Francisco County Sheriff’s
Crisis Intervention Training, San Francisco, California.

2011 Fetal Alcohol Spectrum Disorders and the Criminal Justice System, National Press
Club, Washington, DC.

2011 The Epidemiology of Medicalization of Prisoners in the United States,
International Academy of Law and Mental Health, Berlin, Germany

2011 Intellectual Disability and Fetal Alcohol Spectrum Disorder: International Academy
of Law and Mental Health, Berlin, Germany

2011 Neuronal Plasticity: Cognitive Skills Retraining for students with acquired brain
injuries or learning disabilities. College of Alameda, Alameda, California

2011 The Neurobiology of Trauma In Children: Lessons About Early Childhood; Families
First, Atlanta, Georgia

Exhibit 1 Page 21
2010 From the Plantations/Asylums to the Prisons: The Relationship between
Humiliation, Stigma, Economics and Correctional Care for the Mentally Ill;
Columbia University, Teachers College, New York

2010 Workshop on Transforming Humiliation and Violent Conflict representing the 16th
Annual Human DHS Conference and the Seventh Workshop on Humiliation and
Violent Conflict, Columbia University, Teachers College, New York

2010 Applying the Institute of Medicine Quality Chasm Framework to Improving Health
Care for Mental and Substance Use Conditions; Morehouse School of Medicine,
Department of Psychiatry, Journal Club

2010 Psychiatric Manifestations of Physical Disease. Morehouse School of Medicine,
Department of Family Practice, Atlanta, Georgia.

2009 Sleep Disorders in Psychiatric Practice: Morehouse School of Medicine,
Department of Psychiatry, Atlanta, Georgia

2008 Moderator: The Impact of Mental Health Issues on Aging, Particularly as it Relates
to Alzheimer’s Dementia and Parkinson Disease, National Medical Association,
Atlanta, Georgia

2008 Aging and Mental Health: What is Wellness and What is Pathology? National
Medical Association, Atlanta, Georgia

2007 The Price of Leadership and the Cost of Success: Urban Leadership Program,
Graduate School of Educational Leadership and Public Policy, California State
University, Sacramento

2007 Cognitive Assessment and Curriculum, Department of Educational Policy, Urban
Leadership Program, Graduate School of Educational Leadership and Public Policy,
California State University, Sacramento

2007 Complex disorders of trauma and torture: The neurological bases examined
through sleep disorders, Padua, Italy

2006 Clinical Aspects of Forensic Evaluation, Makerere University, Department of
Psychiatry, Kampala, Uganda

2006 Memory, Medications, and Aging, Crockett, California Women’s Club

2006 Cultural Differences: Ethics or Efficacy, Mental Health, Ethics and Social Policy,
University of Montreal, Quebec, Canada

2006 An Update on Memory Function, Grand Rounds, Morehouse School of Medicine,
Atlanta, Georgia

Exhibit 1 Page 22
2006 Moderator & Respondent (Representing Morehouse School of Medicine)
Consortium for the Poor and Underserved- Cultural Factors, DePaul University
School of Law and Health, Health Law Institute

2005 Constitutional Theory and Medical Rights, Montreal, Quebec, Canada

2005 Medical Diseases with Psychiatric Manifestations: Morrison and Foerster, LLP

2004 Diagnosis and Treatment of Malaria-Induced Altered Mental States: Kidongo
Chekundo Mental Hospital, Zanzibar, Tanzania

2003 Law, Mental Health & Popular Culture: University of San Francisco College of Law

2003 Accommodating Mental Illness in the Workplace: The 28th International
Conference, International Academy of Law and Mental Illness, Sydney, Australia

2002 Cultural and Psycho-biological Factors In the Assessment and Treatment of
Trauma: Don’t Believe Everything You Think: Traumatology 1003, The Trauma
Recovery Institute, Morgantown, West Virginia

2002 Trauma, Recovery and Resiliency, University of Washington, Bothell

2001 Understanding the Relationship Between Neuroimaging, Neuropsychology, and
Behavior: National Medical Association 2001 Annual Convention and Scientific
Assembly, Nashville, Tennessee

2001 The Thrill is Gone: Keynote Address, African American History Month, Loras
College, Dubuque, Iowa

2001 Disparate Access- Healthcare: University of Washington, Bothell Campus Nursing
Program

2000 Anger Management: West Contra Costa Stroke and Aphasia Support Group,
Doctors Hospital, San Pablo, California, 2000

2000 Race, Culture and Bioethics: American Society for Bioethics Annual Conference,
Panel Discussion, Salt Lake City, Utah

2000 Globalization and Postmodernism: International Congress on Law and Mental
Health, Siena, Italy

2000 Globalization and Neuropsychiatry: Answers that Transcend Culture? International
Congress on Law and Mental Health, Sienna, Italy

1998 Managed Care in the Kenyan Medical Environment: Kenyan Medical Environment:
Kenyan Medical Association, Aga Khan Hospital, Nairobi, Kenya

Exhibit 1 Page 23
1994 The Relationship Between Holidays and Mood Disorders: Doctors Hospital Pinole,
California

1994 The Role of the Mental Health Expert as a Liaison Between Chemical Dependency
and Pain Management Programs: American Academy of Pain Management,
Vancouver, Canada

1994 Chemical Dependency: Selected Topics: Critical Care Conference, Doctors
Hospital, Pinole California

1993 Detox: The First Step to Recovery: National Medical Enterprises Management
Services Division Annual Conference, Colorado Springs, Colorado

1993 Substance Use and Substance Induced Organic Mental Disorders: National
Medical Enterprises Management Services Division Annual Conference, Colorado
Springs, Colorado
1993 Dual Diagnosis in the Inpatient Setting- Professional Seminar, Doctors Hospital,
Pinole, California

1993 Depression and Strokes: Brookside Hospital, San Pablo, California

1992 Drug Interactions in the ICU: Clinical Care Rounds, Doctors Hospital, Pinole,
California

1992 Overview of Sleep Disorders: Grand Rounds, Doctor Hospital, Pinole, California

1991 Benzodiazepines: Uses and Abuses: Grand Rounds, Brookside Hospital, San Pablo,
California

1990 Sleep Disorders in Schizophrenia: Quarterly Medical Staff Meeting, East Bay
Hospital

1987 Afro-Centricity in Psychology: Grand Rounds, San Francisco General Hospital, San
Francisco, California

1982 Geriatric Psychiatry-University of Southern California

Exhibit 1 Page 24
Clinical Professional Activities
2016 Associate Editor, Journal of Policy and Practice in Intellectual Disability

2015 International Journal of Developmental Disabilities

2015 Journal of Policy and Practice in Intellectual Disability

2014 Cureus Journal Review

2014 Arts and Social Sciences Journal Review
2013 Journal of Politics and Law Journal Review

2012 Research in Developmental Disabilities Journal Review

2010 American Association for Intellectual and Developmental Disabilities, Task Force
on Intellectual Disability and Forensic Practice

2007-2009 Neurocognitive Committee, PAARTNERS

2004-present Scientific Committee, International Academy of Law and Mental Health

1993-1996 Medical Privileges Committee, Doctors Hospital, Pinole, California

1993-1995 Physicians’ Advisory Committee, Alameda Contra Costa Medical Association,
Oakland, California

1993-1994 Board of Directors, Solano Park Hospital, Fairfield, California

1992-1993 Board of Directors, East Bay Hospital, Richmond, California

1992 Chief of Staff, East Bay Hospital, Richmond, California

1992 Chairman, Medical Executive Committee, East Bay Hospital, Richmond, California

1992 Allied Health Committee, Doctors Hospital, Pinole, California

1992 Pharmacy & Therapeutics Committee, Doctors Hospital, Pinole, California

1991-1996 Physicians’ Advisory Committee, Doctors Hospital, Pinole, California
(Chair, 1994-1995)

1991 Professional Activities Committee, Easy Bay Hospital, Richmond, California

1990 Psychiatry Committee, Chairman, East Bay Hospital, Richmond, California

Exhibit 1 Page 25
Clinical Publications
Norton, Johnson, Woods (2016) Burnout and Compassion Fatigue: What Lawyers Need to Know.
The University of Missouri Kansas City Law Review.

Greenspan, S. & Woods, G. (2015). Social Incompetence of FASD Offenders: Risk- Awareness as a Factor in
Criminal Culpability. In E. Jonsson & S. Clarren (Eds.), Brain Damage and the Law. Edmonton, Canada.

Norton, Woods (2015) Interpersonal Violence: The Legacy of Trauma. The American Bar
Association’s Ninth Annual Section of Labor and Employment Law Conference.
Greenspan, Harris, and Woods (2015) Intellectual disability is “a condition, not a number”:
Ethics of IQ cut-offs in psychiatry, human services and law. Ethics, Medicine, and Public Health.

Woods, Freedman ((2015) Symptom presentation and functioning in neurodevelopmental
disorders: Intellectual disability and exposure to trauma, Ethics, Medicine, and Public Health

Greenspan, Woods, and Switzky (2015) Age of Onset and the Developmental Period Criteria,
Intellectual Disability and the Death Penalty.

Greenspan, Woods, Wood (In Press) Risk-Unawareness and Legal Jeopardy: Identifying Non-
Obvious Brain-Based Impairment, Springer’s International Library of Ethics, Law, and the New
Medicine.

Woods, Freedman (2015) Intellectual Disability, Comorbid Disorders and Differential Diagnosis,
Intellectual Disability and the Death Penalty.

Greenspan, Woods (2014) Intellectual Disability as a Judgment Disorder: The Gradual Move Away
From IQ-Ceilings, Current Opinion in Psychiatry.

Freedman, Woods:(2013) Neighborhood Effects, Mental Illness and Criminal Behavior: A Review.
Journal of Politics and Law; Vol. 6, No. 3.

Woods, Freedman, Greenspan: (2012). Neurobehavioral Assessment in Forensic Practice.
International Journal of Law and Psychiatry.

Norton, Woods, (2012). Secondary trauma among judges, jurors, attorneys, and courtroom
personnel. Encyclopedia of trauma: an interdisciplinary guide. C. Figley, Sage Publications.

Greenspan, Switzky, Woods: (2012) Intelligence Involves Risk-Awareness and Intellectual
Disability Involves Risk-Unawareness: Implications of a Theory of Common Sense, Journal on
Intellectual & Developmental Disability. (Cited in Diagnostic and Statistical Manual, 5th Edition,
online version)

Woods, Greenspan, Agharkar: (2012) Ethnic and Cultural Factors in Identifying Fetal Alcohol
Spectrum Disorders: American Journal of Law and Psychiatry.

Exhibit 1 Page 26
Bradford, Fresh, Woods: Not all patients are alike: (2007) Ethnopsychopharmacology of Bipolar
Disorder in African Americans. Psychiatric Times, February.

Abueg, Woods, Watson: Disaster Trauma; (2000) Cognitive-Behavioral Strategies in Crisis
Intervention: Second Edition, Guilford Press, New York and London; p. 73-290.

Forensic Practice
1981-present Psychiatric Consultant (Civil, Family Law, Criminal and Appellate Judicial
Proceedings)
1993-2001 Consultant- the Victims’ Assistance Program, State Board of Control, State
of California, Sacramento, California

1983-2000 Medical Examiner Panel, San Francisco County, Marin County and Contra
Costa County Superior Courts

Forensic Professional Lectures
2017 Psychological Issues in Employment Law: Practising Law Institute, New York.

2016 Cutting Edge Issues in Employment Law: Practising Law Institute, San Francisco.

2016 Aging and Cognition; Paul Hastings Global

2016 Psychological Issues in Employment Law: Practising Law Institute, 2016, New York.

2015 Legal and Practical Implications of Domestic Violence in the Workplace: It’s Not
Just the NFL: American Bar Association Section of Labor and Employment Law 9th
Annual Labor and Employment Law Conference, Philadelphia

2015 Cutting-Edge Employment Law Issues 2015: The California Difference. Mental
Health and the Law, Practising Law Institute, San Francisco

2015 Discussant, Mass Murder: Patterns in Manifestoes: Vienna, Austria

2014 ADA and Mental Disabilities: Inquiries, Exams and Accommodations, Practising
Law Institute, New York, New York

2014 Psychological Issues in Employment Law 2014, Practising Law Institute, New York,
New York

2010 The Trial of Hamlet, Morrison and Foerster, LLP, Law College, San Diego, California

Exhibit 1 Page 27
2009 Treatment of Mentally Ill Offenders in the United States, Canada, and Japan;
Japanese Association of Forensic Psychiatry, Tokyo, Japan

1998-2007 In Association With The National Institute of Trial Advocacy Training, Notre Dame
University, South Bend, Indiana; Georgia State Law School, Atlanta, Georgia; New
York University Law School, New York City, University of North Carolina Law
School, Chapel Hill, North Carolina; University of Houston Law School, Houston,
Texas; University of Tennessee Law School, Knoxville, Tennessee; Atlanta,
Georgia; University of Texas Law School, Austin, Texas; Temple University School
of Law, Philadelphia, Pennsylvania

2006 Aligning Clinical Services with Correctional Treatment, Luzira Prison, Kampala,
Uganda

2006 Decision Tree for Forensic Evaluations, Butabika Hospital, Kampala, Uganda

2006 Neuropsychiatry and The Courts: The University of Texas Law School, Austin Texas

2002 Demystifying Emotional Damages Claims: Paul, Hastings, Janofsky & Walker, San
Francisco, California

2000 An Introduction-Multi-Axial Assessment and DSM-IV: Second National Seminar on
Mental Illness and the Criminal Law, Miyako Hotel, San Francisco, California

2000 Psychiatric Manifestations of Mental Disorders: Second National Seminar on
Mental Illness and the Criminal Law, Miyako Hotel, San Francisco, California

1999 An Introduction-Multi-Axial Assessment and DSM-IV: First National Seminar on
Mental Illness and the Criminal Law, Radisson Hotel, Washington, D.C.

1999 Physical Manifestations of Medical Disorders: First National Seminar of Mental
Illness and the Criminal Law, Radisson Hotel, Washington, D.C.

1999 The Kenya/Tanzania Embassy Bombings: When Forensic Science, Politics, and
Cultures Collide: International Academy on Law and Mental Health, Toronto,
Quebec, Canada

1999 Research Collaboration Between East Africa and the United States: World
Psychiatric Association/Kenya Psychiatric Association, First Annual East African
Conference, Nairobi, Kenya

1999 Trauma/Resiliency In East Africa Workshop: World Psychiatric Association/Kenya
Psychiatric Association, First Annual East African Conference, Nairobi, Kenya

1998 Mental Health Litigation and the Workplace: Sponsored by the University of
California Davis Health System, Division of Forensic Psychiatry, Department of
Psychiatry, and Continuing Medical Education, Napa, California

Exhibit 1 Page 28
1998 Psychological Disabilities: Charting A Course Under the ADA and Other Statutes:
Yosemite Labor and Employment Conference, Yosemite, California

1998 Current Trends in Psychiatry and the Law: Developing a Forensic Neuro-
Psychiatric Team: CLE, Federal Public Defenders for the District of Oregon,
Portland, Oregon

1997 The Changing Picture of Habeas Litigation: The National Habeas Training
Conference, New Orleans, Louisiana

1997 Accommodating Mental Illness in the Workplace: Employment Law Briefing,
Orange County

1997 Accommodating Mental Illness in the Workplace: Employment Law Briefing, Palo
Alto, California

1997 Accommodating Mental Illness in the Workplace: Employment Law Briefing,
Morrison & Foerster, San Francisco

1997 Psychiatric Evaluations in the Appellate Process: Emory University, Department of
Psychiatry, Forensic Fellowship, Atlanta, Georgia

1997 So You Wait Until Discovery Is Over to Consult with a Psychiatrist? Can You Tell
Me More About That? Morrison and Foerster Labor Law College, Los Angeles,
California

1997 The Changing Cultural Perspectives in Forensic Psychiatry, San Francisco General
Hospital Grand Rounds, San Francisco, California

1996 Evaluations of an Elementary School Child: Criminal Competency and Criminal
Responsibility, Stanford University School of Medicine, Department of Psychiatry
and Behavioral Sciences, Division of Child, Psychiatry and Child Development,
Grand Rounds, Palo Alto, California

1996 Forensic Psychiatry: Cultural Factors in Criminal Behavior, Malingering, and Expert
Testimony: The Black Psychiatrists of America Transcultural Conference, Dakar,
Senegal, West Africa

1996 Dangerousness; Evaluation of Risk Assessment: Grand Rounds, Department of
Psychiatry, University of California, Davis

1995 Violence in the Workplace: A Psychiatric Perspective of Its Causes and Remedies:
The Combined Claims Conference of Northern California, Sacramento, California
1995 Experts: New Ways To Assess Competency- Neurology and Psychopharmacology:
Santa Clara University Death Penalty College, Santa Clara, California

Exhibit 1 Page 29
1995 Multiple Diagnostic Categories in Children Who Kill: Psychological and Neurological
Testing and Forensic Evaluation: The American College of Forensic Psychiatry 13th
Annual Symposium, San Francisco, California

1995 Mock Trial: Client Competence in a Criminal Case: Testing the Limits of Expertise,
The American College of Forensic Psychiatry 13th Annual Symposium, San
Francisco, California

1995 The Use of Psychologists In Judicial Proceedings: The California Attorneys for
Criminal Justice/California Public Defenders Association Capital Case Seminar,
Monterey, California

1994 Commonly Seen Mental Disorders in Death Row Populations: The California
Appellate Project, Training Session for Legal Fellows and Thurgood Marshall
Investigative Interns, San Francisco, California

1994 Anatomy of a Trial: Mock Trial Participant, The California State Bar Annual
Convention, Anaheim, California

1994 Developing a Forensic Neuropsychiatric Team: The American College of Forensic
Psychiatry 12th Annual Symposium in Forensic Psychiatry, Montreal, Quebec,
Canada

1994 Responsibility in Forensic Psychiatry: Department of Criminology Faculty Seminar,
University of Nebraska, Omaha

1994 Attorney/Investigator Workshop: Brain Function: The 1994 California Attorneys for
Criminal Justice/California Public Defenders Association Capital Case Seminar,
Long Beach, California

1994 Appellate and Habeas Attorney/Investigator Workshop: Evaluating Mental Health
Issues in Post-Conviction Litigation: The 1994 California Attorneys for Criminal
Justice/California Public Defenders Association Capital Case Defense Seminar, Long
Beach, California

1993 Psychological Issues in Police Misconduct: Police Misconduct Litigation, National
Lawyers Guild, San Francisco

1993 Neuropsychiatry, Neuropsychology and Criminal Law: Maricopa County Office of
the Public Defender, Seminar on Investigation for Mitigation and Capital Cases,
Phoenix, Arizona

1993 Working with Experts: California Appellate Project, San Francisco, California

1991 Forensic Psychiatry and Ethnicity-Black District Attorneys Association, National
Convention

Exhibit 1 Page 30
Professional Forensic Publications
Greenspan, Woods (2016) Chapter 7 Personal and Situational Contributors to Fraud
Victimization: Implications of a Four-Factor Model of Gullible Investing. Financial Crimes:
Psychological, Technological, and Ethical Issues. Dion, Weisstub, Richet. Springer Publishing.

Wood, Hanoch, Woods (2016) Chapter 6 Cognitive Factors to Financial Crime Victimization.
Financial Crimes: Psychological, Technological, and Ethical Issues. Dion, Weisstub, Richet.
Springer Publishing.

Woods, (2016) Cognition and Aging: Impact in the Workplace: Paul Hastings Global.

Woods, (2016) Treat or Assess: Which Hat Should Your Expert Wear? Practising Law Institute.

Bigler, Jantz, Freedman, Woods, (2016) Structural Neuroimaging in Forensic Settings,
University of Missouri-Kansas City Law Review, Volume 82, No. 2. Psychiatry and Criminal Law,
Contra Costa Lawyer, Volume II, No. 8, August 1998.

Mock Trial: Client Competence in a Criminal Case: Testing the Limits of Expertise, The
Psychiatrist’s Opinion as Scientific, The Expert’s Foundation as Sufficient, 1995 (Available from
The American College of Forensic Psychiatry and on Audiotape).

Multiple Diagnostic Categories in Children Who Kill: Psychological and Neurological Testing and
Forensic Evaluation, 1995. (Available from the American College of Forensic Psychiatry and on
Audiotape).

Developing a Forensic Neuropsychiatric Team,1994. (Available from the American College of
Forensic Psychiatry on Audiotape).

Anatomy of a Trial: 1994 (Available for the California State Bar).

Forensic Professional Affiliations
2013 American Academy of Psychiatry and the Law

1998 International Academy of Law and Mental Health

Exhibit 1 Page 31
Professional Development & Corporate Services

2016 BetterManager, Expert Contributor

2016 Map1080, Big Timber, Montana, Advisory Board

2015 Grade LLC Evansville, Indiana Unified School District: Education/Neuroscience
Collaboration

2015 The Science Advisors, Founding Partner

2015 Defend Your Head Corporation: Medical and Neuroscience Advisor

2014 Forefront Behavioral Telecare, LLC: Assistant Chief Medical Officer

2013 Generations in Transition: YearUp, Atlanta, Georgia

2011 Forefront Behavioral Telecare, LLC: Director of Clinical Research

2009-2010 Forefront Behavioral Telecare, LLC: Chief Medical Officer

2009 AgeServe Communications, LLC: Director of Research/Director of Government
Programs

2004 Consultant, Corporate Structure, Tostan, Non Governmental Organization, Theis,
Senegal

2004 Toward Effective Retention Efforts: The use of narratives in understanding the
experiences of racially diverse college students., Narrative Matters, Fredericton,
New Brunswick, Canada

2003 In Association with the Council on Education in Management, Charlotte, North
Carolina, Accommodating Psychiatric Disabilities: Avoiding the Legal Pitfalls of the
ADA, Human Resources Conference, Palm Springs, California

2001-2003 Consultant, Vulcan Inc., Seattle, Washington

1999 In Association with Matthew Bender Legal Publishing, New York: Psychiatric
Disabilities and California Workplace Requirement, With the Bar Association of
San Francisco, San Francisco

1998 Psychiatric Disabilities under the Americans With Disabilities Act: Without Pretrial
Strategy, Atlanta, Georgia

1998 Psychiatric Disabilities under the Americans With Disabilities Act: Without Pretrial
Strategy, Los Angeles, California

Exhibit 1 Page 32
Johnson Freedman Woods Education, LLC

2017 Criminal Law and Mental Illness: The Rising Role of Neuroscience in the Courts:
The American Psychological Association, Washington, DC.

2012 - present An Evolution in Practice at the Intersection of Mental Health and the Law: Where
Mental Health Meets the Law by Jennifer Johnson, J.D., David Freedman, Ph.D.,
and George Woods, M.D. of Johnson Freedman Woods Education: a
comprehensive curriculum on the evolving field of forensic mental health.
Thomson Reuters West Legal EdCenter

The Critical Moments Consulting Group
2001 Part I- Responding Creatively to Cultural Diversity through Case Stories and Part II-
Strategies and Challenges for Campus-wide Diversity Project: Models of
Integrating Critical Moments, Fourteenth, Annual Conference on Race and
Ethnicity in American Higher Education, Seattle Washington

2001 Teaching Complex Case Stories, Faculty Development, Loras College, Dubuque,
Iowa

2000 Critical Moments: Creating a Diversity Leadership Learning Community, 13th
Annual National Conference on Race and Ethnicity in American Higher Education
(sponsored by the University of Oklahoma, Southwestern Center for Human
Relations Studies), Santa Fe, New Mexico

2000 Critical Moments: Practicum on Teaching Diversity Through Case Stories, 13th
Annual National Conference on Race and Ethnicity in American Higher Education
(sponsored by the University of Oklahoma, Southwestern Center for Human
Relations Studies), Santa Fe, New Mexico

2000 Improving Undergraduate Education: Teaching and Learning in the Context of
Cultural Differences, The Washington Center for Improving the Quality of
Undergraduate Education, Thirteenth Annual Conference, Seattle, Washington

1999 Critical Moments: Deepening Our Understanding of Cultural Diversity through
Critical Analysis, Effective Interviewing, Case Writing, and Case Teaching, The
Washington Center, Evergreen State College, Olympia, Washington

1999 Teaching Complex Issues with Case Studies: A Workshop for Faculty and Graduate
Teaching Assistants, University of Nebraska at Lincoln, Teaching and Learning
Center and Critical Moments Project

1999 Critical Moments: Writing the Stories of Diverse Students, Washington Center for
Improving the Quality of Undergraduate Education Workshop for College and
University Faculty, Administrators, Staff and Students, Evergreen State College

Exhibit 1 Page 33
1999 Critical Moments: A Case Study Approach for Easing the Cultural Isolation for
Under-represented College Students, Presented at Transforming Campuses
Through Learning Communities, National Learning Communities Conference,
Seattle, Washington

1993 Contextualism and Multi-Cultural Psychology-Graduate Seminar, University of
Nebraska, Omaha, Nebraska

1992 Curriculum and Developmental Stages-North Central Educational Research Lab,
Northwestern University

Critical Moments Publications
Diane Gillespie, Ph.D., Gillies Malnarich, and George Woods, M.D. (2006). Critical Moments:
Using College Students’ Border Narratives as Sites for Cultural Dialogue, In M.B. Lee (Ed.),
Ethnicity Matters: Rethinking How Black, Hispanic and Indian Students Prepare for and Succeed
in College. (pp. 99-116). New York: Peter Land Publishing Group.

Diane Gillespie, Ph.D. and George Woods, Jr., M.D. (2000). Critical Moments: Responding
Creatively Cultural Diversity Through Case Stories; Third Edition.

(Updated August 8, 2017)

Exhibit 1 Page 34
Attachment B

Exhibit 1 Page 35
DECLARATION OF GEORGE W. WOODS, M.D.

I, GEORGE W. WOODS, M.D., declare as follows:

1. Qualifications and Background

1. I am a psychiatrist in private practice based in Oakland, California. I received my

Bachelor's degree in 1969 from Westminster College in Salt Lake City, Utah. I received my

medical degree from the University of Utah Medical Center in 1977. I completed a medical

internship at Alameda County Medical Center, Oakland, California; then completed my residency

at the Pacific Medical Center in San Francisco, California in 1981, where I was Chief Resident my

senior year. I then participated in a National Institute of Mental Health/American Psychiatric

Association (NIMH/APA) Fellowship in 1982. I received my board certification in psychiatry in

1992.

2. In addition to my clinical and forensic practice, I teach Clinical Aspects of Forensic

Psychiatry to third and fOUith year residents at Morehouse School of Medicine, Department of

Psychiatry. I am also a member of the faculty of the Department of Educational Leadership and

Public Policy, California State University, Sacramento. I was previously on the faculty of the

University of Washington, Bothell campus, where I taught a course on Mental Illness and the

Law. From 1996 through 2000, I taught in the postgraduate Forensic Psychiatry Fellowship at the

Depaltment of Psychiatry at the University of California, Davis, Medical Center.

3. I am Secretary General of the International Academy of Law and Mcntal Health. I

am a Fellow of the Amcrican Psychiatric Association. I am also a member of the California

Psychiatric Association and the Northern California Psychiatric Association. I am a mcmbcr of the

American Neuropsychiatric Association, and the American Psychological Association. I am a past

membcr of the American Academy of Psychiatry and the Law. I am on the Scicntific and

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Exhibit 1 Page 36
Executive Committees of the International Academy of Law and Mental Health. I am a past

member ofthe Advisory Board of The Health Law Institute of the College of Law, DePaul

University. Currently, I am on the Advisory Board of the Center for African Peace and Conflict

Resolution, California State University, Sacramento, and the Global Advisory Board for

Humiliation and Dignity Studies, Trondheim University, Norway, and Columbia University, New

York.

4. I have been retained by the Arkansas Federal Defender Office to conduct a

psychiatric evaluation of capitally-sentenced inmate Jack Gordon Greene and to assess whether he

is mentally competent to participate in federal habeas corpus proceedings. Mr. Greene's attorneys

have requested that I write this preliminary declaration explaining, first, why I suspect that Mr.

Greene may be severely mentally ill and incompetent, and second, why it is impOltant that I have

the opportunity to conduct clinical interviews of Mr. Greene.

5. As is standard practice, in preparation for an evaluation ofMr. Greene, I have

reviewed psychological, medical, educational, social and family history materials. Background

documentation for Mr. Greene's childhood includes life history records from Mr. Greene and

multiple family members as well as interviews with siblings of Mr. Greene. Such materials are

essential to developing reliable opinions about a person's psychiatric condition. At this time, the

materials that have been provided to me in this case arc notably incomplete. It is apparent that

additional mental health and social services records regarding Mr. Greene and his family exist.

Counsel for Mr. Greene was not able to provide me the additional records because a release from

Mr. Greene or a court order is needed to collect them.

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Exhibit 1 Page 37
II. Relevant Social History

A. Jack's Childhood.

6. Jack Gordon Greene was born on March 13, 1955 in Lenoir, NOlih Carolina and

was the youngest of thirteen children born to his father, Turner Greene, Sr. Turner had six

children, Jack's half brothers and sisters, with his first wife, Florence Greene. Jack and his six full

brothers and sisters were born to Turner's second wife, Jack's mother, Ola. At the time ofMr.

Greene's bilih his father, Turner, was between 55 and 57 years old.

7. Jack's father, Turner, was an alcoholic whose addition to alcohol was quite severe.

Turner drank constantly and maintained a state of drunkenness for weeks and sometimes months at

a time. He reportedly experienced frequent severe headaches. Turner was also violent, beating his

wife and children and sexually abusing his daughters. According to one of Jack's sisters, Turner

would take her panties off and slide her body up and down the shaft of his penis. The reporting

sister would have been nine years old at the time of their father's death.

8. Jack was born into family that was not only scarred by abuse and alcoholism but

also suffering in extreme poverty. When Jack was an infant, his large family lived in a tiny three-

room house without power, running water, or indoor plumbing. The family drew their bathing and

drinking water out of the spring, washed clothes in the creek and used an outhouse. They did not

have an automobile and lived in rural area of North Carolina, miles away from everything and

everyone.

9. Jack's father, Turner, committed suicide on September 6, 1956. On that day, Jack,

then eighteen months old, was sleeping in the family's three-room home. Turner was intoxicated

and had been intoxicated for days. He was demanding his shotgun, but his wife, Jack's mother,

Ola, had hidden the gun in a lumber pile in the yard because she was worried that Turner would

3

Exhibit 1 Page 38
hurt someone. After Ola went down to the creek to wash Jack's diapers, Turner found the gun in

the lumber pile. He then went into the house where Jack was sleeping. Turner's death celiificate

shows that he was killed by a self-inflicted gunshot wound to the chest. When Ola discovered

what had happened to Turner she let out a horrible scream that at least one of Jack's sisters still

vividly remembers to this day and describes as scarring her for life. The sister states that Jack was

there when all of this happened and wonders how being exposed to that trauma would have

affected a small child.

10. The same sister reports that their mother, Ola, seemed to draw closer to Jack after

their father committed suicide and seemed to take solace in snuggling with her baby, Jack. Mr.

Greene's sisters consistently describe him as a sweet, humble little boy.

II. After Turner committed suicide, Jack's large family became even more destitute.

They were forced to move in with Ola's parents, Jack's maternal grandparents, Charlie Coles

Taylor and Gladys Dula Taylor. Jack's grandfather, Coles, is described by multiple sources as

extremely abusive. It was not possible to know what might set him off and he would demand the

siblings remove shirts or pants so that he could lash their bare skins. Coles is said to have beat the

children with belt or a stick to the point of causing free flowing blood, to the point of "blood

everywhere." He is even reported to have thrown salt in the wounds. One of Jack's siblings

described Coles waiting until he was asleep and then snatching him out of bed to whip him with a

handful of switches.

12. More than one sibling was puzzled by the fact that Coles appeared to have

particular antipathy for Jack, the youngest of his grandchildren. Coles would wrongly blame Jack

if anything turned up missing, like a hoc or a rake, even though Jack was just a small boy and

would have little use for such things. He was observed to have "a grudge" against Jack.

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Exhibit 1 Page 39
According to Jack's sister, Coles would beat him at least once a week or more, and little Jack

would crawl under the bed to hide and weep. Jack's siblings had no idea why Coles appeared to

target him. Jack's mother did not challenge Coles's abuse of her children; Jack's siblings suggest

that this was because she was fearful that her father would evict them all and she had nowhere to

go.

13. The children describe their mother as working hard to provide for them and state

with pride that they did not go hungry. Their mother raised a large garden and canned. They

regularly received "welfare food" from the county. The grandparents raised hogs and, as one

brother states, "we used everything out of everything, used everything but the squeal from the

hog." Ola made blankets by sewing together old feed bags. There was no money for children's

toys, but Ola would try to make due with such tricks as bunching up a towel and tying a string

around it for a makeshift doll for her girls.

14. Despite her efforts, Ola was far from an ideal caretaker and (as discussed further

below) suffered from serious mental illness. She remained dependent upon her abusive father

throughout her childrearing years and remained unable to protect her children from the abuses of

her father. The family remained poverty stricken and dependent upon government aid for food

and the kindness of neighbors and local ministries for clothing for the children.

15. Ola and the children initially lived with the grandparents in their modest house. In

an effort to escape the abuse meted out by her father, Ola ultimately movcd her children out from

under his roof. A couple hundred fect from the grandfather's house was thc chicken coop, where

the grandfather had kept his chickens. Ola and her children moved into the chicken coop and lived

there for several years. The chicken coop had no electricity, no running water, and no indoor

plumbing. It was one big space with a dirt floor, and according to one sibling, even lacked a

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Exhibit 1 Page 40
proper door. Ola would partition off the space for the boys to have a separate sleeping space from

the girls. The chicken coop did not even serve to protect the children from the elements, and one

of Jack's siblings remembers waking up covered in snow that had sifted through the cracks in the

walls. The chicken coop also did not serve to protect the children from their grandfather, who

lived a matter of feet away and continued his abusive practices with all of them.

16. The Greene children did not have such basic necessities as a toothbrush and

toothpaste. One of Jack's sisters recalls that staff at her elementary school gave her a toothbrush

and toothpaste, and she had no idea what to do with it. The children describe hauling water up the

hill from the spring, water that their mother would heat on the fire for baths or for cooking. They

would all share the bath water in a tub that was kept outside in the summers, inside in the winters.

17. Ola's children attended primary school, but it was not something that she

emphasized as important. No one ever helped Jack or his siblings with the homework or even

encouraged them to complete it. All of the children found school difficult both academically and

socially. The sisters describe being taunted by the other children for their poverty. Jack's brother

Danny was pushed through school, despite the fact that he could never learn to read or write. Jack

was reportedly unable to make any friends growing up.

18. Jack's siblings each describe a particular event in his life as being "Jack's

downfall." When he was II years old, Jack was committed to Stonewall Jackson Juvenile

Training School after his grandfather, Coles, accused him (wrongly, according to Jack's siblings)

of stealing Coles's gasoline. Over the course of more than four years, members of the training

school staff raped him. Jack physically fought to prevent the abuse but often was not successful.

The adults ostensibly charged with his care repeatedly forced him to have anal sex. Jack was also

exposed to alcohol, marijuana, and LSD during his years at the state's training school, and began

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Exhibit 1 Page 41
using those substances while there at age II. The information that has been provided to me covers

these matters only in the broadest outline, and it is critical that I have the opportunity to discuss

them with Mr. Greene so that he can fill in the details.

19. Jack and a companion, Michael Murray decided to flee from the abusive training

school in early October 1970. The boys took a 1966 Chevrolet and escaped the institution as the

police chased them out of town and over a major federal highway. The vehicle flipped while

being chased by Highway Patrol. Jack was 15 years old, and his companion was 14. Both Jack

and Michael were gravely injured and were rushed to the hospital. Michael died ten minutes after

he arrived. Jack sustained a head injury, fractured ribs, and a punctured lung. Jack's mother went

to visit him and returned, distraught, carrying his clothes, which were soaked with blood. I have

been unable to review the medical records from this incident because Mr. Greene has not signed a

proper release, and the hospital will not otherwise disclose them without a court order.

20. A family member describes Jack's reaction to what happened. Jack was absolutely

distraught and overcome with guilt. He blamed himself for Michael's death. He was described as

highly emotional, crying and wailing and saying that he would give anything in the world to have

those moments back and to bring Michael back. Once Jack was released from the hospital, he was

sent right back into the abusive environment that he had just traumatically escaped from.

21. Jack's relatives say that he was never the same after his experiences in the training

school. The changes appeared to be both acute and chronic in nature. For years after the accident

intrusive memories would keep Jack up late at night and he would visit relatives crying and

needing comfort. Family members describe a young man who became more withdrawn and quiet.

Prior to going to the training school, Mr. Greene had enjoyed a close relationship with his mother

and as a young boy loved to be held and rocked. Aftcr training school, he seemed uncomfortable

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Exhibit 1 Page 42
with physical touch - "couldn't stand to be touched." Early on after his release, his sister observed

that he always seemed scared and anxious even when there was nothing to be worried about. This

appeared to worsen over the years and she observed over time that he seemed edgy and suspicious

and could never sit still. He would constantly pace the floor and peer out the windows as if

someone were looking for him or out to get him, even though no one really was. She describes

him as "a nervous wreck for no apparent reason." More than one sibling states that Jack seemed

like a completely different person. Jack reportedly began to get "fixed ideas" that "no one would

be able to budge" even if they "did not make sense."

22. Following his commitment to the training school, Jack did very poorly

academically. With the exception of one term of History, when he scored a C, Jack failed or scored

a D in every academic subject. Jack's overall "failure in subjects" was noted beginning in his

seventh-grade year and continued through the two years that he tried but failed to complete the

eighth grade. A standardized test administered to Jack by his school at the age of 15 was

indicative of serious cognitive deficits. The test notes an I.Q. equivalency of78, though the

instrument used is not an I.Q. test, nor is it an appropriate instrument for a final diagnosis of

Intellectual Disability.

23. Jack's tcachers also rated him poorly on subjective assessments of personal

strengths and weaknesses. They consistently judged him as "low" or "below average" in such

areas as "Cooperation," "Courtesy," "Dependability," "Industriousness," "Initiative," "Leadership,"

"Maturity," and "Self-Control." Jack dropped out of school after he failed the eighth grade for the

second time.

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Exhibit 1 Page 43
24. The limited neuropsychological testing of Jack that has been conducted to date

indicates brain damage and significant impairments in the frontal lobes. He has never been

administered a valid I.Q. test, such as a Wechsler Adult Intelligence Scale 01' a Stanford-Binet.

B. Mr. Greene's Adulthood.

25. Mr. Greene tried to work beginning in 1971 but was never able to hold down a

steady job. Social Security record for Mr. Greene indicate that he worked for fourteen different

employers between 1971 and 1987, including several furniture factories and a chicken plant. He

rarely worked anyone job for more than several months at a time, rarely earned more than a

couple thousand dollars in a given year, and typically earned much less than that. For many years

he had no income at all.

26. During this period, Mr. Greene abused alcohol and a number of other substances.

He acknowledged a substance abuse problem and participated in Alcoholics Anonymous in an

unsuccessful effort to control it. Mr. Greene's sister, Mary Ellen, recalls that he had a self-help

book titled "Why Do I Do What I Don't Want to Do?" and that his efforts to combat his addiction

were SIncere.

27. Hospital records show a series of visits that indicate Mr. Greene experiencing

varying levels of psychological distress or disturbance. On June 3, 1982, Mr. Greene, then 27

years old, was admitted to a North Carolina hospital emergency room under strange

circumstances. Mr. Greene had taken his pocket knife and cut a 5-inch gash into the back of his

leg. The wound resulted in significant bleeding, and Mr. Greene was rushed to the ER, where he

lost consciousness due to loss of blood and "fright." At the hospital, Mr. Greene told the doctors

that he had eut himself because he had been bitten by a snake. The doctors found no swelling,

fang marks, or other symptoms that would indicate a snake bite, and did not believe that Mr.

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Exhibit 1 Page 44
Greene had, in fact, been bitten. ER staff noted that Mr. Greene was suffering anxiety and had

been having some difficulty sleeping.

28. On September 8, 1982, Mr. Greene was again admitted to the ER for cutting

himself, this time for slitting his wrists. Mr. Greene had made three 3-inch cuts in both of his

wrists. The cuts required stitches.

29. The following year, Mr. Greene's mother committed suicide. Not long thereafter,

Mr. Greene was seen in the ER a third time for self-inflicted wounds. On January 9, 1984, Mr.

Greene shot himself in the foot with a l2-gauge rifle. Although his wound was serious, Mr.

Greene irrationally refused to sign any papers, refused IV fluids, and "refused all therapeutic

attempts" generally. He was transported by ambulance (apparently involuntarily) to North

Carolina Baptist Hospital, where he received some form of inpatient treatment for fifteen days.

Records of Mr. Greene's relatives reveal that N.C.B.H. provided inpatient psychiatric care during

the early I980s; however, that hospital will not disclose its records on Mr. Greene without a

specific release from him or a court order.

30. Approximately six weeks later, on February 27, 1984, Mr. Greene was seen in the

ER after apparently being involved in an automobile accident and suffering a head injury.

Although Mr. Greene, who was intoxicated, had walked himself to the hospital, he emphatically

refused treatment of any sort. He repeatedly refused a cervical collar, refused to sign anything,

refused to stay on the stretcher, refused to allow his forehead to be stitched up, and left the

hospital. Mr. Greene returned to the ER a second timc several hours later and consented to the

stitching and to a skull x-ray, which did not indicate a fracture. After he was released for the

night, Mr. Greene returned to the ER for the third time on the following afternoon complaining of

a headache. Although he had been taking Tylenol with codeine for his injuries, a compound

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Exhibit 1 Page 45
analgesic that is used to treat moderate to severe pain, Mr. Greene was getting no relief for his

headache.

31. Four days later, on March 3, 1984, Mr. Greene was seen again in the ER. On this

occasion, Mr. Greene complained that the gunshot wound on his foot had become infected. Upon

examination, however, Mr. Greene's foot was found to be healing normally. The doctor declared

that there was "no infection present to inspection" and discharged Mr. Greene without taking

further action.

32. The following year Mr. Greene again presented at a local emergency room in

considered distress. He complained of anxiety, depression, insomnia, weight loss, and disturbing

homicidal thoughts. In light of Mr. Greene's self-reports, a physician at a local hospital declared

that Mr. Greene was mentally ill and a danger to himself and others. He was judicially committed

to a state psychiatric hospital for further evaluation. The clinicians there noted that Mr. Greene

was suffering anxiety and depression and that he was unable to effectively cope with his stress and

anxiety. Mr. Greene expressed a fear that he was "cracking up." The clinicians were impressed

that Mr. Greene was "very sincere" in wanting help for his psychiatric and substance abuse

problems. Mr. Greene was given indefinite diagnoses of mixed substance abuse, mixed

adjustment disorder, and mixed personality disorder, and he was released without substantial

treatment.

33. Six years later, in 1991, Mr. Greene was arrested on charges of murder. I-Ie was

convicted and sentenced to death by an Arkansas state court on October 15, 1992. Mr. Greene has

spent the intervening years incarcerated on Arkansas's death row. Mr. Greene has spent many of

these years in solitary confinement and without visitation from friends or family.

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Exhibit 1 Page 46
C. Family History of Mental Illness and Suicide

34. Mr. Greene has an extensive family history of mental illness, substance abuse,

suicide, and cognitive deficits. Mr. Greene's father committed suicide when Jack Greene was but

eighteen months old and the father was fifty seven years old. Other than what has been previously

discussed, little else is know about Turner Greene, Sr., at this time. Mr. Greene's mother

committed suicide when Mr. Greene was twenty-eight years old and his mother was sixty-three

years old. More is known about Mr. Greene's mother's history than his father's history and shows

a documented history of serious mental illness that goes back to age 23.

35. In 1943, at the age of23, Mr. Greene's mother Ola was the subject of an

"Inquisition of Lunacy" held in Wilkes County Superior Court. A physician made an affidavit

under oath that he had carefully examined Ola and that he believed her to be an "insane person"

and "a fit subject for admission into a hospital for the insane." The Inquisition was tried to a state

judge, who took testimony from two physicians and from Ola's father. The judge found that Ola

was indeed a "lunatic" and that she should be involuntarily committed to the state psychiatric

hospital.

36. After she was released from the psychiatric hospital, Ola continued to have mental

health problems. She went on to marry Turner Greene and to have seven children. After her

husband's suicide, Ola was left with seven children, ages 18 months to II years old. Her children

state that they believe their mother had mental problems throughout their childhoods. They can

rarely remember ever seeing her smile. When getting up late at night, her daughter remembers

seeing her mother sitting in a chair simply staring at the fIre. For no apparent reason, Ola would at

times grab her head and hair and scream. Ola was quiet and isolative. One of her daughters noted

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Exhibit 1 Page 47
that she rarely would initiate any sort of conversation and would often retreat if other people came

around.

37. As her children became adults, they became more aware of their mothers

difficulties. She would often show up at the home of a family member and demand to be rushed to

the hospital. The doctors were unable to find anything physically wrong with her and would

prescribe "nerve pills" or a placebo for her anxiety. At some point, ala began taking psychotropic

drugs on a daily basis.

38. Her children describe ala as continuing to have "bad nerves" and "mental

problems" as she aged. She remained socially withdrawn and would rarely talk or smile; she

would often isolate to her bedroom, particularly when there was company. ala had become

religiously preoccupied. She became fixated on the idea that she would die and go to hell. She

would say that she was going to hell over and over to the extent that she was unable to do anything

else. When asked what she had done to deserve going to hell, ala would say, "Because I took my

medicine wrong, I have sinned." ala was obsessed with taking her medications just so and "went

crazy" ifshe "remotely thought she took something wrong." When asked why taking just the right

pill at just the right time was so important, ala would say that "the Lord will not forgive me"

otherwise.

39. Multiple sources attest that ala firmly believed that her father was being visited by

"demon spirits." She thought that there were "demon spirits all around Coles." She became

preoccupied with the idea that her father was reading "devil worshipper" books and following a

"preacher worshipping something other than the Lord." Her daughters describe ala as

experiencing a high degree of psychological and physical agitation and that she would get fixed

ideas that she would believe as true no matter what. Reportedly, ala was hospitalized a second

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Exhibit 1 Page 48
time at some point later in life for her "nerve problems." Counsel for Mr. Greene informs me that

he is unable to obtain these inpatient records without a court order.

40. Due to her destitute circumstances, Ola ended up living with her father after her

children were grown. For unknown reasons, on July 7, 1983, Ola attacked her father, 84, with a

hammer, beating him in the face and almost killing him. At the same time, Ola ingested a large

quantity of prescription pills. A neighbor found Mr. Greene's grandfather, Mr. Taylor, in his

trailer home bloodied, gravely injured, and crying for help. Ola was likewise inside the trailer and

was discovered standing with the hammer still in her hands. Mr. Taylor was taken to the hospital

and treated for cuts and a broken jaw. Ola, however, died from the overdose of pills she had

taken. At the time of her suicide, Ola had a prescription for Ativan, a drug used in the treatment of

anxiety disorder.

41. Mr. Greene's full brothers and sisters also have clinically significant histories. Two

of Mr. Greene's full siblings have had mental health problems significant enough to be judicially

committed to the state psychiatric hospital, like Mr. Greene and his mother. Mr. Greene's brother,

Turner Greene, Jr., was involuntarily committed at the age of 18. Turner's mother, Ola, brought

him before the court, which had Turner examined by three doctors. All three diagnosed Turner as

a mentally disordered person needing commitment to the psychiatric hospital.

42. Mr. Greene's sister, Mary Ellen Blankenship, was judicially committed for mental

illness in 1984; the details of the commitment are unavailable because the Caldwell County

Superior Court requires a court order for the release of Ms. Blankenship's file. Ms. Blankenship's

medical records do reveal a lengthy history of severe Panic Disorder and Major Depressive

Disorder dating back to at least the 1970s. Ms. Blankenship's mental illness has required inpatient

psychiatric hospital care on multiple occasions.

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Exhibit 1 Page 49
43. Ms. Blankenship also has a history of agitation and psychosis. Intermittently

between 1971 and the mid 1980s, she was treated with multiple antipsychotics, including

Haloperidol, Perphenazine, and Thioridazine. After her mother died, Ms. Blankenship reports she

would be harassed by a "suicide spirit" and that "[s]omething would say to [her], 'Go and get a

knife.'" She has sometimes attributed her problems to "a trick of the devil." For decades, Ms.

Blankenship has repeatedly visited the emergency room under the belief that she is having a heart

attack, but doctors have not been able to find anything physically wrong with her. Mr. Greene's

counsel informs me that he cannot get disclosure of Ms. Blankenship's inpatient psychiatric

records without a court order.

44. While I have no indication yet that they have been judicially committed, Mr.

Greene's other siblings are also chronically mentally ill. His sister, Georgia Howell, has struggled

with Panic Disorder and Major Depressive Disorder since before her mother's death in 1983. She

has been repeatedly prescribed powerful antianxiety and antidepressive medications. Mr. Greene's

brother, Danny, likewise has a longstanding and consistent history of Major Depressive Disorder

and Anxiety Disorder dating back approximately thirty years and has been prescribed antianxiety

and antidepressive medications. Danny also reportedly gets fixed ideas, and when he does there is

"no changing him," even with "proof" to the contrary. In particular, Danny has long been

obsessed with the idea that his older brother, Tommy, was responsible for his mother's death, and

he impressed Mr. Greene, his younger brother, with this notion.

45. Mr. Greene's brother, Hulette Greene, also has a long history of psychological

problems, with his dating back to at least 1961. Hulette was treated for Seizure Disorder with

Grand Mal, Major Depressive Disorder, and Anxiety Disorder with panic attack for many years

before his death in 2007. Even when he was a child, Hulette would engage in bizarre behavior,

15

Exhibit 1 Page 50
described by his siblings as "hollering and screaming and beating on the walls" in the middle of

the night that terrified his family. Siblings also describe that Hulette as a child experienced

periods of anergy and isolation to the point that he would refuse to get out of bed for days on end.

46. Hulette is described by those who knew him well as a chronically depressed "basket

case" who "couldn't or wouldn't face reality." Hulette was known to isolate as an adult, refusing to

come out of his house or to open his door to visiting family members. By 1991, Hulette's

difficulties were so well established that he was diagnosed with "chronic stress reaction." There

are indications in his medical records that Hulette may have had psychosis. On one visit that

Hulette made to the emergency room, Hulette reported symptoms consistent with a panic attack

but simultaneously reported experiencing hallucinations.

47. A number of Mr. Greene's half siblings also have clinically significant histories.

Only limited medical history information is available for most ofMr. Greene's half siblings, and

counsel for Mr. Greene informs me that their records cannot be secured without a court order.

What limited history I do have regarding Mr. Greene's half brothers, Bobby Greene and David

Greene, is revealing. Like Mr. Greene's mother and father, his brother, Bobby, committed suicide.

In 1986, Bobby shot himself in the neck with a 20-gauge shotgun, and he died from his wounds.

Bobby is described by siblings as a "heavy drinker" and had said that he would "go the same way

my daddy went." He also experienced frequent severe headaches. Bobby had apparently been

suicidal for many ycars before he killed himsclf. Grccne family lorc holds that numerous Greenes

going back furthcr than Turner Sr. also committed suicide.

48. Mr. Greene's half-brother David has a history of Anxiety Disorder dating back to at

least 1998 and probably earlier, and he has been treated with a number of antianxiety medications

over the ycars.

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Exhibit 1 Page 51
49. Mr. Greene's children also have serious mental illness. As with Mr. Greene's half

siblings, I have limited (albeit psychologically significant) information about Mr. Greene's

children. Most notable is Mr. Greene's son, Timothy Greene, who has struggled with mental

illness since at least 1993. Timothy has received mental health treatment for panic attacks,

insomnia, anxiety, and depression, and he has been diagnosed with Bipolar Disorder. Mr.

Greene's only other son, Brandon Eller, has a long history of substance abuse problems as well as

a documented history of suicidal ideation and at least one suicide attempt. On that occasion, Mr.

Eller ingested 30 unidentified pills, for which he was hospitalized for three days. Mr. Eller's sister,

Mr. Greene's daughter, Jessica Darling, has a history of substance abuse problems, for which she

has received counseling.

D. Family History of Cognitive Impairments

50. Mr. Greene's family has a significant history of cognitive impairment. Mr. Greene's

father, Turner, was unable to read or write. His brother Hulette was likewise illiterate, as is his

brother Danny. His sister, Mary Ellen, only learned to read in her teens and still does so only with

difficulty.

51. The academic histories of at least four of Mr. Greene's full siblings reveal evidence

of intellectual disability. Mr. Greene's brother, Turner, Jr., scored a 79 I.Q. equivalency on a

standardized test, which indicates a significant cognitive impairment. Turner Jr. failed the 3rd,

4th, and 8th grades and then dropped out of school after he failed the 9th grade. Teachers noted

that he was irritable most of the time, often very restless, and usually did not get along well with

others.

52. Mr. Greene's brother, Hulette, scored a 65 I.Q. equivalence, indicating that he was

likely suffering from an intellectual disability. Hulette had poor grades, failed the Ist and 6th

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Exhibit 1 Page 52
grades, and left school after the 8th grade. At age 16, his teacher noted her perception that Hulette

needed psychological testing and "help from a social worker." She noted that he "tried to behave

but was often restless."

53. Mr. Greene's sister, Mary Ellen, scored an l.Q. equivalence of81 on a test of

mental ability, placing her in the lower level of intellectual functioning. She had to repeat the 1st

grade and left school following after the 8th grade. A teacher wrote that, at the age of fifteen,

Mary Ellen was only reading at a primary (or third-grade) level and that she was unable to follow

oral instructions unless they were repeated to her. In one of her adult medical records, Mary Ellen

is noted as "slow" and as someone who needs special assistance with reading.

54. Mr. Greene's brother, Danny, took multiple standardized tests, resulting in the

following l.Q. scores: 78,76,67, and 64, with the lower scores coming later in Danny's school

career. These scores indicate that Danny was likely suffering from an intellectual disability.

Danny's grades were always very low, and he failed 1st, 5th, 6th, and 7th grades before being

placed in "Special Projects," where he received no formal grades.

55. The materials that 1 have been provided contain no academic, medical, or

psychiatric records for Mr. Greene's sister, Joyce Osborne, and counsel for Mr. Greene informs me

that he is unable to obtain them without a court order. Ms. Oshorne is described by her siblings

has having "nerve" troubles. She is said to have had "fits" like her brother Hulette during her

childhood in which she would "fall out and hit the ground, passed out." Ms. Osborne does not

work, never learned to drive, receives disability payments, and lives with one of her daughters.

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Exhibit 1 Page 53
III. Contemporary Observations and Evidence

56. Contemporary observations of Mr. Greene and the evidence provided by his own

writings suggest that he may be psychotic. Numerous and diverse witness accounts consistently

describe Mr. Greene as experiencing persistent paranoid and somatic delusions.

57. First, Dr. Dale Watson, a highly qualified clinical and forensic psychologist with a

specialty in neuropsychological assessment, observed Mr. Greene's symptoms during his aborted

neuropsychological evaluation ofMr. Greene. Dr. Watson, who visited with Mr. Greene in May

2009, describes witnessing Mr. Greene engaging in bizarre behaviors and experiencing delusions

of extreme pain that lacked any medical cause. Dr. Watson heard Mr. Greene give "paranoid and

delusional attribution of his 'injuries' to the actions ofa conspiracy." Dr. Watson writes that such

"[d]elusions are associated with a number of psychiatric disorders, especially psychotic disorders,

and based upon my clinical experience I suspect that Mr. Greene suffers from one of those

disorders. "

58. Second, four ofMr. Greene's prior attorneys, who met with him over more than a

decade, describe him generally as "mentally ill," "mentally incompeten[t]," "insane," "crazy,"

"nuts," "irrational[]," having "significant psychiatric or psychological issues," and "hav[ing] lost

his mind." In particular, like Dr. Watson, they describe persecutory and somatic delusions. Dale

Adams, who represented Mr. Greene during 1995 and 1996, describes Mr. Greene as "very

paranoid" and "totally preoccupied with these crazy conspiracies" that everyone was plotting

together "to kill him." JefIRozensweig, who represented Mr. Greene during 2002 and 2003, says

that "Mr. Greene was convinced that" "everyone in the past," including "all of his previous

attorneys," "had been purposefully undermining him." Mr. Rozensweig says that Mr. Greene

ultimately came to believe that "I was out to get him, too."

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Exhibit 1 Page 54
59. Didi Sailings, who previously represented Mr. Greene and observed him in 2004,

says that Mr. Greene "was convinced that the guards were trying to contaminate him," and that he

was "absorbed with the pain" that "he thought the prison was inflicting upon him." According to

Ms. Sailings, Mr. Greene "thought that everyone, including me, was involved in this conspiracy

against him" and that he "did not want anything done on his case because he was convinced we

were going to use it against him somehow." Julie Brain, who represented Mr. Greene between

2005 and 2009, describes Mr. Greene as "feeling constant, intense pain in his brain, ear, and spinal

cord" for which doctors could find no physical cause. Ms. Brain further says that Mr. Greene

attributed these injuries to state officials' efforts to punish him "for asking to be extradited to North

Carolina" and that Mr. Greene believed that "numerous high public officials, the courts, and his

prior attorneys" were involved in a "cover up" of these actions. Mr. Greene's present attorneys

inform me that Mr. Greene is not accepting mail from them.

60. Third, the Depattment of Correction's medical staff has made consistent

observations which provide significant insights into Mr. Greene's mental health. One doctor

describes Mr. Greene as complaining of pain so severe that he "would rather be dead" than live

with it, yet the doctor was unable to find any medical causc for such pain. The samc doctor

described Mr. Greene as being "mentally unstable," complaining of "damage[ to] his brain," and

engaging in "yoga-ish contortions" of his body. Another doctOl: described Mr. Greene as engaging

in such bizarre behavior that she was unable to complete her physical examination of him. Nurses

describe Mr. Greene as demonstrating "paranoia," exhibiting "scattered speech," and claiming a

"conspiracy" between prison guards and his attorneys to "burst[] his ear drum."

61. Finally, I have reviewed some ofMr. Greene's personal writings, which are

consistent with the foregoing, reflect fixed delusions, and also seem to indicate a level of

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Exhibit 1 Page 55
disorganized thinking. (Spelling and grammar are from the originals.) For example, Mr. Greene

writes:

Sence befor July 5th 2004, my cell door trap-door has/is being used as a weapon 24/7 to
inflict more ceaseless debilitating agonizing pain w/injury by the forceful jamming of steel
bor and slomming of trap-door opened/closed bock so hord purposefully repeated for
which originally caused my left inner ear etc. to erupt/burst on the morning of July 5th
2004, the permanent destruction of these vital bodily functioning organs was
orchestrated/conspired criminally by the following and in this chronological order, fired
ex-attorney Jeff Rosenzweig, Worden Grant Harris, Unit Medical dept Nurse Connie
Hubbard, and prison guard Sgt. V. Morris.

62. In another representative example, Mr. Grecne explains:

I stort this I-Iunger Strike until my Demise Due to the prolong and repeated injuries
inflicted on me by the same means sence July 5, 2004 by staff of the ark. Dept. of
Corrections with the deliberate permanent destruction of such vital bodily functioning
organs thats caused injuries so severe and traumaticly inflicted to my brain, head, left inner
ear etc. with such neurological spinal system nervous and other trauma brain damage that I
suffer as well with a deadly and severe Concussion for all of which is so painfully torturing
and inhumane I con no longer humanly function properly and live with.

63. Mr. Greene also writes in a private letter:

oh deor Ms. Nixon, please try and except my humble apology for just now replyin that is
due to the severity of these such prolonged injuries I have, I truely connot rembel', or con
honestly sit. etc. for long enough to try and write ....

64. In a journal entry, Mr. Greene writes:

Due to prolong burst inner ear etc. without the proper specialized medical treatment and
without the ability to no longer breath through my nose I started hyper-ventilating
uncontrollably with my bodily collapse in floor unable to get up from 7:30AM until
11 :30AM (four(4)hr's) all wile all four of my extremitys, both legs and arms were totally
numb and ice cold to the touch w/out of control contraction of muscles and violent shaking
as I go in and out of shock w/possible cardiac-arrest and or stroke at least ten (I 0) or more
different high ranking ADC guords plus three(3) different ADC nurses do nothing but
literally watch me almost die.

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Exhibit 1 Page 56
65. Mr. Greene writes of his belief that "the state of at'kansas ... now inflict me with

such at1 inhumane injury as described within these affidavits all because I have always pushed the

issue sence 1994 when my N.C. case being overturned got my arkansas case set aside as weI!."

66. Mr. Greene also writes of the "endless destruction of my legal mail etc. by the ark.

dept. of Corrections" and of the "Dept. of Corrections destroying my legal mail etc.... in their

attempt to prevent me from seeking justice." Mr. Greene further writes that he is being stymied by

"corrupt ADC collaborating attorneys," by "some corrupt lawyer" and by "corrupt ADC with its'

corrupt shot calling lawyers." He writes that he "connot keep being forced to live in such a

manner due to this corrupt ADC and their attorneys with whom I have been firing." He writes that

his court-appointed attorneys secretly took on his case for the purpose of "help[ing] cover up" the

crimes being perpetrated against him.

67. In one filing Mr. Greene explains the "corruption" of one prior attorney as follows:

If after I fired attorney Jeffery Morx Rosenzweig had not have influenced improperly their
government agency in which this case being the ark. Dept. of Corrections as described in
formal complaint with attached nine (9) sworn afIidavits where I am being housed on
death-row I would surely not be inflicted with such debilitating permonent injury so
"Prolonged" for which I am literally being tortured by force to death due to the Corruptness
of the ark. Dept. of Corrections brought on by fired attorney Jeffery Morx Rosenzweig. In
which corrupt attorneys such as him self are the very reason this ark. Dept. of Corrections
con bring its' self above the law to inflict such in-humane injury up on another human
being and then as I be forced to live with such a torturing injury of the destruction of a vital
bodily functioning organ all because of such an improper influencing of a government
agency by fired attorney Jeffery Morx Rosenzweig.

68. Mr. Greene also writes that he has filed a number of judicial ethics complaints

against state and federal judges. I-Ie writes that everything will "be made very public soon."

In an affidavit labeled "Stort of til-Death Hunger Strike," Mr. Greene then writes:

U.S. Presidential Candidate prior ark. gov. Mike Huckabee and prior att. gen. ark gov Mike
Beebe. both with political knowledge of appointed and retained attorney's. prior of Current
in their illicit influence of bias senior ark. Dept of Corrections staff to have expedited by
racial black staff of ark. death-row to inflict constant re-injury to brain with concussion

22

Exhibit 1 Page 57
destroying all thirty one (31) paired neu-rological spinal nerves through burst left inner ear
etc. as initially described by some means in eleven (II) sworn affidavits. court filed in both
Johnson Co. ark. Wilkes Co. N.C. in 2005.06 whereas through inhumane injuries maim
and torture I expose this state's apointee political officials.

69. In a letter to ajudge submitting affidavits describing his "injuries" and the

conspiracy he believed was being perpetrated against him, Mr. Greene wrote: "Judge Patterson if

you took the time to read these legal documents then you cleorly undertond why I droped my

appeals in 1999 .... " Mr. Greene has sent bizarre writings to lawyers, judges, politicians, other

public figures, and family members for many years now.

IV. Risk Factors for Psychotic Disorders

70. In light of this substantial evidence, I should note that Mr. Greene's history reveals

a number of important risk factors that predict psychotic disorder, including the following:

71. Extensive Family History of Severe Mental Illness. Mr. Greene's extraordinary

family history of severe mental illness is an important predictor of psychosis. Mental illness,

particularly Schizophrenia, has a significant genetic component. Mr. Greene's mother and siblings

appear to have experienced psychotic symptoms themselves, which is especially significant.

72. Family History of Seizure Disorder. Mr. Greene's brother, Hulette, suffcred from

Seizure Disorder. A family history of Seizure Disorder is associated with increased with of

psychotic disorders such as Schizophrenia. Foong, 1. (2006). Epilepsy or a family history of

epilepsy incrcases the risk of Schizophrenia or Schizophrenia-like psychosis, Evidence Based

Menial Health 9(1): 23-23. Researchers believe that common structural brain abnormalities likely

underlie both epilepsy and psychosis. Saehdev, P. (1998). Schizophrenia-like psychosis and

epilepsy: the status of the association, American Journal ofP.\ychiatry 155:325-36.

73. Advanced Paternal Age. Mr. Greene's father was 55 to 57 at the time of his birth.

The literature reveals that such advanced paternal age is strongly associated with psychotic

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Exhibit 1 Page 58
disorder. The risk of a father having offspring with Schizophrenia begins increasing substantially

at age 35 to 40 years. The posited cause of this increased risk is mutation in the male sperm cell,

which increases exponentially with advancing paternal age.

74. Extreme Poverty. Mr. Greene grew up in extreme poverty, which places him at

greater risk for many forms of mental illness and for psychotic disorders such as Schizophrenia in

particular. Harrison, G., Gunnell, D., Glazerbrook, C., Page, K., Kwiecinski, R. (2001).

Association between Schizophrenia and social inequality at birth: case-control study, British

Journal ofPsychiatry 179:346-50.

75. Early Parental Loss. Increased risk of psychosis is associated with early parental

loss, pmticularly in persons who, like Mr. Greene, lost a parent before the age of 9. Agid, 0.,

Shapira, B., Zislin, J., Ritsner, M., Hanin, B., Murad, H., Troudmt, T., Bloch, M., Heresco-Levy,

D., Lerer, B. (1999). Environment and vulncrability to major psychiatric illness: a case control

study of early parental loss in major depression, bipolar disorder and Schizophrenia. Molecular

Psychiatry 4(2): 163-71.

76. Prolonged Exposure to Severe Childhood Trauma. Childhood trauma of the sort

that Mr. Greene experienced is a risk factor for a plethora of psychiatric disorders, including

psychotic disorders generally and Schizophrenia in particular. Read, 1., van Os, 1., Morrison, A.P.,

Ross, C.A. (2005). Childhood trauma, psychosis and Schizophrenia: a literature review with

theoretical and clinical implications. Acta Psychiafrica Scandanavia 112: 330-350. Childhood

trauma has a dose-response relationship with psychosis, meaning the individuals who, like Mr.

Greene, experienced severe trauma over a number of years have a greater risk of psychosis and

morc severe psychosis, on average, than those with a more limited trauma history.

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Exhibit 1 Page 59
77. Early Marijuana Use. Recent studies have shown a multiplier effect between

childhood sexual abuse of the SOlt that Mr. Greene endured and use of marijuana (in particular)

before the age of 16. Among children who are sexually abused, those who, like Mr. Greene, use

marijuana before the age of 16 are nearly twelve times as likely to receive a diagnosis of psychosis

later in life. Houston, J.E., Murphy, J., Adamson, G., Stringer, M., Shevlin, M. (2007). Childhood

sexual abuse, early cannabis use, and psychosis: testing an interaction model based on the National

Comorbidity Survey, Schizophrenia Bulletin 34(3): 580-85.

78. Low Cognitive Functioning. Premorbid cognitive impairment of the sort suggested

by Mr. Greene's academic record, work history, and family history is strongly associated with

psychosis. Indeed, contrary to certain popular conceptions of the disorder, cognitive impairment

(not secondary to the disorder) is present in the majority of patients with Schizophrenia.

79. Early Impaired Social Functioning. Early impaired social functioning of the sort

indicated by the subjective assessments of Mr. Greene's teachers and siblings is associated with

psychotic illness later in life. Schizophrenic patients often had difficulty in developing and

maintaining friendships with peers during the prodromal phase.

80. Traumatic Brain Injury. Psychosis may also develop secondary to head injuries of

the sort that Mr. Greene sustained, and it is especially likely to develop in people, like Mr. Greene,

who have had more than one head iqjury. The literature shows that the consequences of head

injury are long term and that psychosis may take years and even decades to develop.

81. History of Self-Harm. Self-harming behaviors of the sort that Mr. Greene exhibited

during the mid 1980s are also significant. Self~harm is common during the early, pretreatment

phases of psychotic illness. Harvey, S.B., Dean, K., Morgan, C., Walsh, E., Demjaha, A., Dazzan,

25

Exhibit 1 Page 60
P., Morgan, K. (2008). Self-harm in first episode psychosis, British Journal ofPsychiatry 1982:

178-84.

82. Solitary Confinement. The sensory deprivation and social isolation inherent in

supermax confinement of the sort Mr. Greene has experienced increases the risk of psychosis.

This is particularly true in persons who, like Mr. Greene, are predisposed to mental illness and

have impaired cognitive functioning.

83. The information that I have strongly suggests the presence of a psychotic disorder.

However, I cannot establish a diagnosis for Mr. Greene or assess the forensic significance of his

symptoms without conducting a clinical evaluation. The extensive history that I have for Mr.

Greene is necessary, but it is not sufficient. A skilled and careful exploration of the information

that only Mr. Greene himself can provide is required. Likewise, an expert examination of Mr.

Greene's appearance, attitude, consciousness, psychomotor function, speech, thinking, affect,

mood, thought content, cognition, insight, and judgment is essential. The signs of specific

psychiatric disorders often will not be apparent to a layperson. Those signs may even be missed

by medical or psychological professionals who lack specialized expertise in clinical

neuropsychiatry. I would need to visit with Mr. Greene personally before I can offer any definite

opinion in this case.

I declare, under penalty of perjury under the laws of California and the United States that
the foregoing is true and correct to the best of my knowledge.

George W. Woods, M.D.

Date: February 15,2010

26

Exhibit 1 Page 61
Exhibit 2 Page 1
Exhibit 2 Page 2
Exhibit 3 Page 1
Exhibit 3 Page 2
Exhibit 3 Page 3
Arkansas Community Correction

lnstitutional Release Services

cc
Serving Justice
28Ot South Olive Street, Suite 6 D
Pine Bluff, AR 71603
Telephone 870-543 -LO29 Fax 870-87 9-67 25

-
September L,2017

John C. Williams
Federal Public Defender Organization
1401 W. Capitol Ave., Suite 490
Little Rock, AR722OL

RE: iack Gordon Greene ADC #SK922

Dear Mr. Williams,

The above reference inmate has applied for executive clemency and will be interviewed by a panel of the Arkansas
Parole Board on October 4,2017, at 9:00 a.m., at the Varner Unit, Grady, Arkansas.

Foryour information, a protesters hearingwill be held on October 4,20I-/, at 1:00 p.m. atthe office of the Arkansas
Parole Board, Two Union National Plaza,5th Floor, 1"05 West Capitol, Little Rock, Arkansas72201..

The full board will meet later to review all information and make a recommendation to the Governor

lf you have any questions or comments regarding this matter, please contact me

Sincerely,

Brandi Harris
Executive Clemency Coordinator

Exhibit 3 Page 4
RETE¡VËÐ
($)t:41,Ìr ,llr:nnLl;v rx' ,t,i{ir [m.¡rri,lrxlrronl. T/ilJroul Ir¿irolt:;)
süi; o I aotT
'NTËffiËff

:lN^lVrlTlil DCj# "çll ^ Gt¿¿

Serf:enr:c: (t)l)c;,Llå
() LilÌ: ItTrpr:isrnmxrr¡l Willouf. Parnls

I lrot:by a¡tpJv iÌrr rixgorúive clcurcrruy ac<xlrcl.itt¡; to tho laq¡s and Cousl.ilul-ion o.f 1lr.c Saic
o f'Alk.álrs¿ry alrr.l rrrlcs (,:ritrrblí$hcd tly thc Uover:ror ancl thc .At{cansas llo¿rrcl olll'¿rroJo.

'I'lxl s¡recif-ic ¡¡urmcls or rc¿ríjons u¡:on whioir clernonc;y is aslcctl atc as lirllowtl:
¡l I

II

C

It Ir
l.)

(C

All cxhibits and supporl;ing matorial to l:c oousirJorcci arc attaolted to thi.s applir:ation.-

Signecl:

Date: ú
Sencl applicatiorr wilJ: snppoltlng ma;lerial [o:

Arkansas Oommr¡nitv Oorrection
lnstituticlrral Relei,¡ser $ervicc;s
2801 fioul.h Olive, Íiuik:¡ ôt")

Exhibit 3 Page 5
Nf O¡
N*C

Srnre oF NoRTn CRnolrNn
Josn Srerr.r DrpRRtH¡Erl¡ror J u sr¡ce Reply to: tlngie Ll/est ßyrd, NCCP
I!-r r a d t io n,\e rc a ry
t i c I

ArroRruey GeneRnl PO Box 629 7'elephone: (919) 7 l6-6578
RRLETcH, NonrH CRRolrru¡ 276A2 Fax (919) 716-6760
F) n a i l : t;¡; !r1.r'.i : ¡t1!¡¡itf j,lf l¡:lj.t-t
.
j

hrly 20,2017

Tonya Y, Willinghalt
Miti gation Investigator
Federal Public Defender Organization
EasÎern District of Arkansas
1401 West Capitol
Suite 490
Little Rock, Arkansas 72201

Rc: Correspondence received from Jack Gordon Grecnc

Ms. Willingham,

Per your request fi'om 19 July 2017, I have enclosed the conespondence received from
Jack Gordon Greene.

Sincerely,

Angie West Byrd
Exlraclitiorr S ecretary

Cc (w/enc): Ms, Darnisa Johnson
Arkansas Attorney General's Offioe

WWY\/,NCDOJ,GOV 1 14 W, EoeNroN Srnrçr, RATETGH, NC 27603 919 716 6400
P. O. Box 629, R¡iL.ero¡, NC 27602-0629

Exhibit 3 Page 6
( ,'{..,/

FEDERAL PUBLIC DEFENDER ORGANIZATION
CAPITAL HABEAS E,A.STERN DISTRICT OF ARKANSAS
UNIT July 1 9,2017
Jenniffer Horan
FEDERAL DEFENDER

C,APITAL HABEAS CHIEF
Scott Braden

ASSISTANT DEFENDERS Angie West Byrd
lulie Vandiver
State of North Calolina
iohn Williams
Jamie Giani Dept. of Justice
DOJ Legal Services
RESEARCH LAWYER Via El ectronic Mai I : nn \l'csl.€)nc dr.) i, str v
Jason Kearney
April Golden
RE Jack Gordon Greene
INVESTIGATORS
Dana Harrison
Joseph Cummings
Tonya Willingham
Dear Mrs. Byrd

ADMINISTRATIVE
OFf:ICER
Debbie Williams
Our office represents Jack Gordon Greene in his federal appeals of the death
sentence which he is under in Arkansas. He has expressed that he has written
COMPUTER SYSTEMs several letters to you regarding his desire to be extradited back to North Carolina.
ADMINISTRATOR
It is our request that copies of any and all correspondence from Mr' Greene to
Sharon Robinson
you or your office be provided to our office,
OPERATIONS
ADMINISTRATOR Thank you in advance for any assistance you can give i¡ this matter,
Jeri Robinson

ADMf NISTRATIVE
ASSISTANT Sincelely,
Dana Liner

T'onya Y Willingham
Miti gation Investigator

MAILINC ADDRESS
1401 West Capitol
Suite 490
Little Rock, Arkansas
72207

PHONE NUMBER
50r-324-6t74

FAX NUMBER
501-324-5630

Exhibit 3 Page 7
w
From: Tonya Willingham < Tonya-Willin gham@fd.org >
Sent: Wednesday, July 19, 2017 3:05 PM
lo:. West, Angie
subject: Jack Gordon Greene
Attachments: tyw 07 L9 17 letter to Angie West Byrd.docx

Mrs, Byrd,

Thank you for your assistance earlier today regarding the above referenced Arkansas inmate, I am attaching a letterfrom
our office as we discussed.
I look fonuard to hearing from You.

Sincerely,

Tonya Y Wlllingham

(See attachedfile: W A7 19 I7 letter to Angie West Byrd.docx)

Exhibit 3 Page 8
( 'f/

Extradition -Jack Greene
Tonya Willingham to: John C Williams 0711912017 01:52 PM
H istory: This message has been replied to.

john,

i located and spoke with Angie West Byrd

here is what she said

she has received letters from jack but she does not respond to inmates and does not intend to respond to
any of Jack's past or future letters. she stated that she has communicated with our extradition person
about his writing her and let him know that she will not respond.
${i.., _, . ,,.,.¡i¡1,
as for their plans for extradition, she stated that he was under executive order to be returned to $fr and
she didn't add any more to that statement

thanks tyw

Exhibit 3 Page 9
Exhibit 3 Page 10
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- - --*'n/,4\f'"-ltor:t1aff "
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Exhibit 3 Page 12
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(*
/'.>

$fÅTE ÛF ÀNI(,4NS.AS Bill Êünlon
brl'lcË CIF fIrE tovsnnon Cott¿rr¡tOf
St¡la C¿þilol
IÁtir Rocli 72ßoI

c2
E:ffiÚtrNTE ÀGNgEüFff

ro cffi ÉrEgÎtllrr$ ÀüIEOB'XrI
Otr 1É STåTF' Ol Noeg8 CånOI¡f¡rÀ

lfffiagåsr Ehe undersl-Ened ss ÀcÈLag Govertror of
uhè ÊËaÈe' of,
ghe' ocecuþlve aüEhorfby e! uhe sEar'e
årkangasr has made dernand u99n
of NorEh carollna for the ranðftion of úfaclË' Go¡dsp Greeno a8 a
gEaÈe of ¡rkaasasi Brrd
fugJ.E,Lve fror¡t Ehe lusltêe of, the

wEEnEås,ü+ekGordoaéreeueãEandÊchargedinJohngoncorrnty¡
,A.rkausas, wlth Ehê f,ollowLng cr¿me:

CaptÈal. Mutde¡

È.he SE¿Ue of, .¡trlcansas legued âû' aÍtre8e
warranÞ
}TSEREÀ.g,
Àrlca'naag r aB more
agaínÊE Íaclc Gordo¡t GrgèBÊ 1n ,Iohngon Councy,
f,rr3.ly appÊarg fron Þhe reguleiÈ{os and.
Ebe Irapeüs and exlrtblE's
aEt,ached hereüo¡ ånd ,

of
nüngeg. üach Gordon Greene i's now und'er Ehê Jurísdict'lon
Nôreh caroltna oepsrrJ¡enË of cortrecllons '
Btrè
ghê gcaÈe of
ball.eveg Ehat' *T¡ah
WEEREAS, Ehe unùèf,sJ"gned le tntotmed 4nd
Gêrdon. Gseeue wltL nots be
,
rel"eased ànrl dj.scharged from

ùmpr{sotmeng f or a cong{dprable lengch of
Ë'Lme a¡rd.
'
auLhoritJ'es of,
I{EERgås' Ehe undersj'gûed aad' bhe proseëuEtäg
È.!re SbaÈ,e of Àrlcansas atre desiroue trbaÈ ü¡ck
Gord.ou ,Fr,+q.qF þF' ,r'':':r't çr*t
Ii l, h i:" :' i l , ' r, ,,.', .Ì li'- I
t;:,,,'.'-.,
Ìrrougtrb Eo Cttät ac bhe earlíesE date' afld .":
r; :r 1,r,li,i'i
i
"'1.
ì'
- ft¡/
ì.i
\,/
i:,r¡'rl
. Y
,>¿ '
'

Exhibit 3 Page 13
{y}
G

ÀrclcLe IV, SecEJ.on 2 'of the ConstleutJ"on of lhe
t{ffiEEà,St,
UndEed SE,aEes auÈhorizes a¡¡d' reçrlres sgabes Þo exbradLce
fugltives;
, pl¡fÉUant to Eb.e aulhority sÈg f,oruh aþove, I[
NOW, ÎrIrEnEFoR.E,
fS ÀCnEED beüvreen tha undersiEned åcting Governor of, ç'he SEaEe of
t\f.haäsaÊ 8r1d Uhe undersigneCt Goverr¡of Ôf NorÈh CarolLna fhat rfaalc
Gordon Greeae shAII be . e¡<tradiEad lorühwith 'Èo Èhe Siate of
å,rkar¡eaE for thJ.al, aË Ehe ex¡ler¡ea of EhE SEaÈe of å¡kansaB' Þrj'or
uo such trj.a1, Èhe SÈ,aEe of tlrlcarrsaÊ shall Êênd lÈs 'du1y auhhori.zed
us to the Star,e of lforth Carollna to rÏaclc
Gr¡raË Eo Ehe State of årk¿.ngas vhere he sbaü be eafel:¡ housed ln
CUEE of, the Àrkansag DèPartmettt of Co¡rec Ëton or J.us
ì au zed ÈÊ atr the êof
an8Bg. EI eed, thaE lf ¡T¡dh Gordoa Graa¡a
or all taI are
dlsm!.sEed i.n Che StabÊ A¡kaügäE of ¡houl d LhÊ
ÀrkansaÊ bs, Ëe¡¡nfnEted ln trlaüfrer olhar tha^ô
f,e and senfêü,trË ath de ahall be
gËauê ôf Àf,kanËas Èo Èhe scabê of Noruh Carolj'na tbê et4tênse of,
rh e SEaÈê of ârlcansas at Ehe ear Llesb reasoneblê ttné.

fh{s sha1l const{EuÈe a decafnEr todqsd .¿s¿lnË E, Íaclc
Gordon f,orma1 exÈradLtùon ghail noÈ 'bê
effecË hLe f,êturn a¡d Era¡refÊrÉ {n aa oordsl¡ce wtuh'Ë,híg
,
lny raEu¿'n of, üaclc Glordo¡r 6r,cc¡¡¡ under L,hâ uar:$s of
g'hlE

sh¡rlL noË be dêI ,Ebe of or
t convi.çli"on ftlèd ln Ehe qsurÈÊ of Bhê e

þhe B[aEe of Norrh Caroll¡ra,' zurEheEinorê r âtlY rêquesE
ö f Gardon Greene ated Èhe rrns of
glirll be made certlfiEd IeCter from tlte Gt¡¡ernotr
of oEhes ect ercecuÈive auÈhorJ.tY of elbhar ÊÞaEê Èhe
reÈurn Do cha Goverrror of oBher acÞ l¡tg exeeutl ve ¡uthori ln
llher state ln whfch ,lach Gordon Grse:ra C.s incarceraged,

Exhibit 3 Page 14
{ /t:!)
lg

rE fg by Ehé und,årslgoed Gor¡ernor of bl¡e sEaBe
mr"xtnÉn å.cnn&Ð
of, Norch Carolf¡ra and Governor of, Ehe SÈaEe of Arkansae tha¡ i.n rhe
evenË rlaeh 6o¡doa 6reèqê i-s convicted and aenÈenced co deaEh ín fhe
csurgs o! .å¡)canÊaÉr, !,haE safd üaclc Gordon Greene shatl be clefalned
Ln uhe Àrlcansas b*parg¡nenu of êorrectfon pendfng execuËLolr of such
dearh Benlence.

Ff WItrllEsg wæn¡gorr w€ t¡ave hereunEo get our hande and caueed
Èo ba afflxed Ebe seals of þbe Suase of å,rtransae and Ehe gt'at'e of
NorBh CaroLl¡ra.

¡tI ÌtIl[ü]ESg llgERtOF, f have hereunlo Fef
my h¡'nd caused c,o be afffxed Ehe SêÊ.1 o t
Þh€ sÈaÈe on 8Èh daY of
Àpr lr,
199

OF

ÀEtesE:
t

t,l ,
o5' ÀRKA¡{gÀs
I

OF THE ÊTJITE OF NORTH CAtr'Of.¡INA

Tt¡ls Ztst daY of, , /\Bril ,, 1992,
Ra1efgh, NorËh Carolfna

AEEEgE

ggAm NORI$ cåxoL${À

Exhibit 3 Page 15
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,!

I

STATE OF ARKAJVgA.S
.i
iJ
I
I

j
:

.:
R.EQUISITION OF EXTRADITION
j

'i T1lc Gov¿¡nor of thc Stqte of Arkânsas
To His Exccllency. Thc Covcrnor of
'l
il
;l
¡1

:l

il
t

.j
:ì or
I
li convtcred ot
,l
t
I

il committ€d in the county or i:i:.ti'l¡j^,:-.:,ij.* * tlü$ state, rvhich I cenlfy ro
:i
I be a crimc undcr tlc laws ofrìis Sirte, ând that he/she has fled from this Stâtc aod ir a fugltivc frorn the justice li,
---.in '|

tbereof, and it ís belleved spcb fugitive bas ralen refuge irì (bc Slstc ol .,,t;:\: 'ì - '.'.:i:r.I¡J¡,ji,.r. ..,.. .

i'; :*L!,r,r-=f*
)i Now, Thercforc,l 'ilr4*+;:--*i::i f.irt{-i)tlr!Jft4l|J!--- Covcrnor of thc State
I'
t... r¡f A¡kansa¡, pursuant to tb¿ provisions'óf thc Constitution and Laws of the Unhcd Statcs, and thc Larvs of
¡r'
ii
li
t¡c Stllc o1'Alkansal and thc State of ' , trud ¿hc
ti
ll
t.i tl¡rform Crimilnl Extradltion Act, do hctcby makc requisition for thc apprchctrsinri of îl¡c said fugitive and
j'j fo¡ hir/bcr dclivcry tc
f.l
I
til¡
who ís bercby aùthori¿cd to leccive and convey him/her to the State of A.rkansag, hcrrî !o be dcalt with according
irì l: ,:
l: ,;
lo lãw.
li l
!'t
ì"
!),
t,
Ia Testjmony Whereol I have hercunlo set my hald and caused

I to bc sffi-xcd úrc 6rcàl Scal of thn Sta(€ of Arka¡6äß. Douc at
;' ,.:4)l

i' .1

of Lirtle Rock, tlìis thÊ- .:/ . ..:,-........---,.*.. -..
rhe City
t'
i': Jay of
,:- ,-.\.."i i'
.. , in lhc yur ol our l-orC
li:
ii .i
i: I otìe thousao(l nit¡c ì:tlrtdrnd uui -- ,i ,.'¿/ ,ìì ,
I

t.
t'

ì

i t3ovcrno¡ of Arkansas
l.

Exhibit 3 Page 16
(. l ,'i. ./

Í,/
/,=
(/,
No.

(wPE oR PRINT lN BLACK tNK) ln The General Court Of Jtlstice
fl o¡strict E superior court Division Addltlonal Fila Nos.

STATE OF NORTFN EAROLINA 92 CRS 48s6 92 CRS 687
9)- ó88 9:¿ CRS 689

Coun
ol ASSIGNTúENT OF COUNSEL
Jack Gordon Greene BY OFFICE OF INDIGENT DEFENSE SERVICES
IN FIRST-DEGREE MURDER
lvo .goclal Socunfr No'
(OR UNDESIGN,ATED DEGREË OF MURDER)
.
f- | tlas
CASES AT THE TRIAL LEVEL
NOTE: Ihe Qfltce of lndigenl Defense Servlces or Qfllce
ol the Capital
G,s, 7A-451(o), (d); 744s2
Defendør comPlelês thls form.

or müder aase where the degrue is
thls lorm ln any lirst-degree murder case
NOÏE: Ihe /Ds Off¡6e þr|lþ offiÇa tl lhe caqîlal D efënele r vll i! çrlnÞlete Parl 2A' Rule 2A,1 (2001).
Legal ¡n CaptlalCases,
undes¡gnated. See JDS Rr/es fçr

fl 1

frl 2. The Court having determined that the defendantisindigentandhasbeenchargedwithfirst.degreemurder(oran
p-i-näåi ãppoints thi attorney named below as trial
undesignated degree of murder), the tDS Directoricapital
counsel for the defendant'
828-386- I 96s s28-262-9899
Garland B. Baker
P. O. Box 30 garl andbakerlaw@gmai l,com
Boone NC 28607
en öharge d wlth first'degree murder (or an
u e
r having ri etermined that ttre case will lìkelY
appoints the attorneY named below as second

Atlomøy

ttl 4 Havinq atrpointed the attorney(s) narned
'oui*nä*i
also appoints the attorrrey(s) tcr
rrrught ootìternþàraneously with rrr have

Seccrncl Degt'ee K idnappin g, I",at ceny ì r,,jar' 'ir
ij'j
2 Counts FelonY LarcenY
t:i
t.. )..1 : :. 'r ,':'.,i;;

1I
of this assignmeni of counsel
of the CaPita I Defencler has Provided a coPY
The Office of lndigent Defense Services/Office ending, the District AïorneY, the a ppointed attorneY(s), and
charges are p
order to the Clerk of S uperior Court where the
the defendant. a p¡l ãl D cf an d s r
SiCJn¿llure O/ /O.9 Oi mcl(1 r/C

0s-18-2016 Robert E- Shar Jr,

AOC-CR.ñ?4, lìGV. 9/02
O 2002 Âdnllnlolrâllve Offìce ol the Courts

Exhibit 3 Page 17
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ll 8004
I
,ì i

STATE OF ARKANSAS )
tf '- i
)s l'
COLNTY OF {r;rn/,, )

, after fìrst being duly swom, do hereby swear' depose

and state tlrat

È,19*ç!

t fuñher srvear that the statements, rnaners and things conlaincd herein are true and accurate to

thc bcst of my knowledge, information and belief ,

DAT'Ë AFFIA

SOCIAI- SECURITY IJ

AN D s w FORE ME, a Notary Public, on this /Jf:':duv ot
"Ti)ji 3 I1]......

NOTARY PU

My Comrnission Expires

Exhibit 3 Page 18
k ::. "t{ ll

Uo)

800-4

STATE OF"A,-RKÄNSAS )
)$
COUNTY OF ) C>

,ÀFFIDAYIT

, after first being duly s\¡/orn, do hereby swear, depose

and state that:

,r

f further swear that the stâtements, mafiers and things contained herein are true and accurate to

the best of my knowledge, infonnation and belief'

DA AFF

SOCIAL SECURITY #

AND SWO ,a Notary Pub on this day ol
S E
$ffino
h ^-
NOTARY BLIC
iiìi, i ' i
My Commission Expires û- i1rlI
;'1, ): 'i:.
:

Exhibit 3 Page 19
( t'¿t.l

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8004

STATE OF ARKANSAS )
)$
COLTNTY OF 3, "r, ny'- )

AIIFIDAVIT
depose
I, , after hrst being duly sworn' do hereby swear,

and state tlrat:

herein are true and accurate to
I further swear that the StaternentS, mafters and things contained

the best of rny knowledge, information and belief

_sd*g.&*&,..
AT"'I;IA
DA

SOCIAL SECURITY #

Notary Public, on th is day of
SUBSCzuBED SWORN TO BEFORE ME, a

,?0 t) \:

l¡ YPU

My Commission ExPires

,:)

t,

Exhibit 3 Page 20
(I (":'
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( /,1. )

800-4

STATE OF A.RKANSAS )
)$
COT.INTY OF )

I after ñrst being duly sworn, do hereby swear' depose

and state that:

an d accurate to
I further swear that the statements, mafters and things contained herein are true

the best of my knowledge, information and belief

L) AFF t'

SOCIAL SECURITY #

c,
rl AND SWO RN TNÆ EFOR,E , a Notary Public his day of
20_{¿_
6 1,L-'W L-
NOTARY PU IC

Ìv1y Commission Expires
i ,,

-,
a

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t.,., . "-'a'ií .:',:,

Exhibit 3 Page 21
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8004

STATE OF ARKANSAS )
) $
COUNIY OF )

AFFII)AVlTr, Cå
, after fìrst being duly sworn' do
hereby swear' depose

and state that:

rn aners and things conta ined herein
are true and accurate to
I further su'ear that the statements'

the best of my knowledge, information and belief

fuffifu\á-t'aaþ-
I)r{'l-E
AFF

SOCIAL SECURITY #

AND SWORN TO BEFORE ME, a Notary Public,
on this .Å daY of
SUBSCRIB
)ñ.4ç

NOTARY LIC

ll
My Cornmission Expire s" - 1-.!t'.:i rt'/t i.i.. r:. l

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8004

STATI OF ARKANSAS
$
CO{JI{TY OF

AFFIDAVI' EA
-'---.\/-
I, after first being duly sworn, do hereby sweâr, depose

and state that:

accurate to
I flurther swear that the statements, malters and things contained herein are true and

the best of my knowledge, information and belief,

rd,
DA]'Ë ¡\

SOCIAL SEC #

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SUB swo RN TO B€ FORE ME, otary Pu blic, on S
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20 (/l.
.11'Í" C ),t Y--'
NO'I'ARY PUBL

My.Commission Exptres: ¿ '//' / I rí), i :ll

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800-4

STATE OF ARKA.F.{SAS )
)s
cou{TY OF )

Á,FFg)AVIl

I, , after first being duly sworn' do hereby swear' depose

and state that;

TL

true a nd accurate to
I further swear that the stateme nts, mafters and things contained herein are

the best of my knowledge, information and belief

?4.aonl - -
#rffi)g-, AFFI

SOCIAL SECURITV #

day of
BS AND SWO RN T-O il¿[O RE ME, a Notary Public, on this
2alJ_
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My Commission ExPires

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8004

STATE OF ARKANSAS )
)s
COUNTY OF )

ATFMAVIT
lì','
after ftrs t being dul y swbni, öo hérebY'swear, dePose

and state that:

srvear that the statements, matters and things
confained herein are true and accurate to
I further

the best of my knowledge, information and belief'

AFFI
DATE

SOCIAL SECUzuTY #

D SWORN TO BEFORE ME, aN lic, on thís ?í'c)aY of
SUBSCPJBED
20 0 5-.

AR'/ P IC

My Commission Expiresi ---.-. *-.-,
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800-4

STATE OF ARKANSAS )
)$
COUNTY OF )

ÀFFIDAVTT

I, after Ftrst bèing.duly s\¡r'om, do hereby swear' depose

and state that;

e statementrs, aners ngs reln are lrue
r swear r

the best of my knowledge, information and belief'

D AFF T

SOCIAL SECURITY #

Notary Public, on this 25'day of
SU IUBE¡J AND SWORN TO BEFORE ME, a
70 ó,5..,

NOTP.RY LIC

lvf y Commissirin ExPires :i

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(a7,

800-4
SITATII OF'ARI<ANSAS )
)$
COTNYTY OFLIVCOLN )
ÆrnÐ.,$¡IT

I, after firstbeing duly sworq do hereby sweaç depose

and state that

End of Statement
i further swear that the statementg matters anl things contained herein are hæ and accurate to tlB

best of rny knowledgg information and belief

i:¿rn / /l
:í*!,:ul. .l,u ,âð/'¡)

.L Furbliq on of
20^n*

PUBLIC

My Commission Expres:

IC-STATE OF ARKANSAS
0Ln VEI,ô.ND COUNTY
oormissicn Ex os 03-16-2025

Exhibit 3 Page 36
(';',: )

czs )

800-4

STATII OFAITKANSAS )
)$
COLINTY OF Ír,i"rJ*, )

ÄFFIDÄ\aIT

I, after fìrst being duly swo¡n, do hereby swear, depose

and state that:
t/

lgs*I, .ú
lr

c

L

!

I fuúher swear that the staternents, ntatters and things contained herein are true and accurate to

the best of my knowledge, information and belief.

Ò6
DATE AI;.T/T

SCRIBED AND SWfIIìN 1\) IlliPo l{E ME, a Notary Public, on this 0¿ day of
,20 ll
NOTARY Lll-,lc:

My Commission lixpire., - , p./ 'J l: tç&-
f;Et !(.ìlÀ Pt(;GFt:
NOTARY PUBLIC-STATE OF ATìIGNSAS
DESHA COUNTY
tv4y tomnlission

Exhibit 3 Page 37
[. '.' ), ,'
(2f )

800-4

STATE OF'ARI(ANSAS )
)$
couNrY on _;l¿â.¿"&_ )

AFFqpA\¡rr
, *þ/ .&"/r"- -Ú,,t, * , after first being duly sworn, do hereby swear, depose

and state that:
t( lt

t

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I further swear that the statements, matters ant.l things contained herein are tn¡e and accurate to
\
the best of my knowledge, information and belief.

TE
^Flr

SUBSC]UB AND SWO RNTOB EFORE ME, a Notary Public, on this g-day of
20 /).

PUBLìC
Ê
My Cornmission Expires
cCIuht'ty
My
UJ- 6"2026

Exhibit 3 Page 38
Exhibit 3 Page 39
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pa

800-4

SÏ'ATE OF A-r{KANSAS )
)$
couNrY oe -*,{t,i*dr. )

AFFIDAVtrT

I. -, a1ìer first being duly sworn, do hereby swear, depose

and state that:

I

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!

I fuúher swear that the statements, matters and things contained herein are true and accurate to

the best of my knowledge, information and belief.

fr,, /
DAI'E /
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/
* an¿?. - À¡r¡;l¡¡r'Y-
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.' .'{.1 -/Jû.,tr t

S{JBSCRIBED TOB EFORE ME, a Notary Public, on this eLday of
zo,/__2_.

Y

My Commission Expires

N OTA

My

Exhibit 3 Page 41
(.)t:;l
( '33,

800-4

STAT-E OF ARK,A.NSAS )
)$
COUNTY OF :$;u,/,r' )

AFFIDA\rIT

t, after first being duly swolrì, do heleby swear, depose

and state that:

fuå*y:W
1.

f

I fu¡ther swear that the statements, matters and things contained helein are tt'ue and accilrate to
\
the best of my knowledge, inforrnatio¡r and belieli

DATE AFFIA

SUB AND SWORN TO BEFORE ME, a N otary Public, on this e1'7 day of
.-... - -t ?0

5-
¿/)-
I]LIC

My Comrnission Exp tres:
AS
ptJ I] LIC.STAT E ÀRKANSAS
NOTAR
CLEVE LAND c0u NTY
My Commission 03- ß.2A25
ts SI 1

Exhibit 3 Page 42
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"'i
l
(ey

800-4

STATII OF ARKANSAS )
)$
COUNTY OF )

AFFIDAVIT

., after fir"st being duly swont, do hereby swear, depose

and state that:

I firrther swear that the statelneuts, matters and things contained herein are true and accttlate to
I
the best of rny knowledge, information ancì belief.

Å-,,1 z.ü, ."/!n,,,,,
DATE

SUBS ,,\N SWORN TO B EFORE ME, a Notary Pubiic, onthìs /? day of
20/:2
-4-"
NO'l-A 13t.lc

My Cornmission Expires:

NOTARY PUf]LIC.TJlA Ë OFARKANSAS
CLEVELAND COUI(TY
My llornnus-<icn 03-1 6"2025

Exhibit 3 Page 43
t".;,),¿,'/

(3s,

800-4

STATE OF ARKANSAS )
) $
corrNTY or
-ß¡tta&,- )

AFFIDAVIT

after first being cluly swolrì, do hereby,swear, depose

and state that:

¿#:t/:¿
I

¡

tl

I further swear that the statemeuts, rnatters and things contained hel'ein ale true and accurate to
\
the best of my knowledge, infonnation and belief,

DATE

SULISCIif IsIJI) ANI) SWOR N TO BEFORE ME, a Notary Public, on this 2n day of
'4¡,^. 1 ,2 0/)

PUBLIC

My Cornmission Expires
NOTARY PUßLIC.STATE OF A
CLEVËIAND COUhITY
fuly Commissicn 03-16-2025

Exhibit 3 Page 44
{,iri !
('a ø

800-4
STATE OF'ÁRKANSAS )
(]OT]]VTY OFLNVCOLN
)$
)
¿.11¡'ü)ÅVI'i'

r, afrer fi¡stbeing duly sworrr, do hereby swea[ depose

and state that

End of Statement
I further s\¡/ear that the statementq matters and thíngs contairpd herein are firþ and accurate to tlp
best of my knowledgE information and belief

,Å*' i,,,t, .',ûn,t.t nt,
DATE AFFiAÑ*

a Publicl on this of
20

My Commíssion Exp,ires:

NOTARY OF ARKANSAS
CLEVELAN D
My Comnti ssion 03- 1 6-2025

Exhibit 3 Page 45
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DATE AFFIANT

SUBS SV/ORN TO B EFOREt' ME, a Notary Public, on this 7 day of
20+ aF

NOT.{RY BLIC

My Commission Expires

NOTARY PIJBI.IC.S]ATE OF ARKANSAS
CLEVELAND COUhITY
My Commission rers 03-16-2025

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06 / 03,/ furttD
DATE / /- AFFIA

S ED AND SWORN TO BEFORE ME, a Notary Public, on this 0? day of
20_17_

NOTARY PUBLIC

My Commission Expires: 0t-,3t Â0

NOTARY PUBLIC-STATE OFARKANSAS
DESHA COUNTY
My Commission 01-31-2021

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the best of my knowledge, information and belief.

DATE AFFI

SUBSCRIBED AND SWORN TO BEFORE M E, a Notary Public, on this bA, day of
flln,t .20 l7
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NOTARY LIC

My Commission Expires: t tút poa
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NOÏARY PUBLIC-STATE OF ARKANSAS
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<.

GREENE. Jack Gordon 27 HISt. No.: 12-3734
Phystcian~ HARDAWAY Dafe 6-3-82 Rm. 10/;
CC: SIUilee bite
PI: This 27-year-old white married male states that some time last night about midnight
he was walking up a bank from the Interstate 77 near Union Grove. because his car stopp,d
running. As he walked. something stung him on the anterior aspect of the left leg.
He then states that he felt a snake crawl across the shoe of his right foot. He did not
see a snake. He became extremely frightened and went to the top of the bank and in thG
streetlight there was able to see that the wound was two small holes which he took to be
fang marks. He took his pocket knife and made a five-inch incision through the fang marks
and placed a tourniquet proximal to the wound. He states he tilen sucked t.he wound fOl'
approximately 10 minutes. He bled rather heavily from the cut and bet. e somewhat nauseated.
H£ found his way to a telephone. called his wife who was in Wilkesboro and after a while
she came with another man and picked him up and brought him to the EQ here at Iredell
Memorial. and he arrived here at 4:07 a.m. He does not remember all that happened in the
ER. but he was nauseated and complained of so~ chest pain. The ER physician ane.thetize~
the incision and sutured it and as he did. patient complained of some chest pain. became
nauseated. pale. sweaty and vomited. His BP dropped to 72/0 and IV fluids were started.
EKG was done which showed ST elevation in the lateral V leads and aT-wave dow!1 in Vl
and V2. Because of his fainting episode. chest pain and nausea he was admitted to the
hasp; trll .
PAST MEDICAL HISTORY: He has alwa;s had good health. He has had no ser',..us illness. At
age 13 he was in a wreck and fractured ribs on the left and punctured his lung.
REVIEW OF SYSTEMS
HEENT: He rarely has a cold. He keeps a headache much of the time. He
says thi~ is because he does not wear glasses. He has hdd several pair and has lost them.
He says he is far sighted. His hearing is good.
C.R.: No history of heart or pulmonary disease. No history of chest pain or
shortness of brea til.
G.I.: He is not bothered with gas, indigestion, constipation.
G.U.: Negative.
FAMILY HISTORY: Several members of the family have had heart disease and high blood
pressure, His grandmother had cancer. ,here is no fam11y history of diabetes. tuberculosis.
______________ • M _

i
PHVSICAL EXAMINATIO~

VITAL SIGNS; T. 97.4. P. 88. R. 20. BP 130/80 i.l
"
GENERAL CONDITION: T~~ patient is a well-developed, well-nouriShed. white male who states
that he was bitten by a snake about 4-5 hours prior to admission to the hospital. but he
did not see the snake.
HEENT: Pupils are round. regular and equal and react to light and accommodation. Ears,
nose and throat are root remarkable. He has some dental decay.
HECK: Supple and there are no masses.
TlIVRAX: Heart is not enlarged. There is a regular sinus rhythm and no munlllr is heard.
lungs are clear to percu~sion and auscultation.
-conti nued-

Exhibit 4 Page 1
27 Hist No. 1I2-3734
Fhysicl£;,: HARDAWAY Dale: 6-3-82 Am • 106
ABDOMEN: Soft and not distended. No organs or masses are felt. Bowel sounds are
active. There is no inguinal adenopathy.
SKIN. GLANDS & EXTREMITIES: Not remarkable. There is a five-inch laceration of the
left lower leg which has been sutured in the ER. There is essentially no swelling around
the wound which makes one suspicious that he was either not bitten by a poisonous snake or
possibly not by a snake at all. Dorsalis pedis and posterior tibial pulses are good.
Refle1es are active and equal.
BONES & JOINTS: Normal.
IMPRESSION: Possible snake bite of the left leg. Laceration of the left leg through
area of quest~onable snake bite. Syncope secondary to fright and possible blood loss.

JSH/jms D: 6-3-82
T: 6-4-82 )JkJ~~
. ~
HARDAWAY. .--'- M.D~'

Exhibit 4 Page 2
Exhibit 5 Page 1
NORTH CAROLINA DIVISION OF
MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES

BROUGHTON HOSPITAL

Admitted: 5/30/85
Discharged: 6/6/85

REASON FOR ADMISSION:

The patient was involuntarily committed to this hospital because of alleged threats to
kill other people.

MENTAL STATUS ON ADMISSION:

The patient is anxious and agitated, but coherent. He expresses no suicidal ideas, "I
felt I was going to hurt my brother". No delusional ideas. He is of above-average
intelligence. Affect is anxious and mildly depressed. Insight and reality testing good,
judgment at times is fair, but poor at other times. Personality trait is impulsive,
dependent. His chief complaint, "My nerves".

PHYSICAL EXAMINATION:

Essentially normal.

Supportive laboratory data: Positive drug screen for Marijuana. Urine for C&S is negativ •
Routine urinalysis is within normal limits.

PROVISIONAL DIAGNOSES:
AXIS I:
SUBSTANCE ABUSE, MIXED, 305.92
AXIS I:
ADJUSTMENT DISORDER WITH MIXED DISTURBANCE OF EMOTIONS AND CONDUCT 309.40
AXIS II:
PERSONALITY DISORDER, MIXED 301.89

CLINICAL COURSE IN HOSPITAL:

Problem #1: History of Alcohol Abuse, Fear of Harming his Brother:
S&O: The patient was admitted to this hospital because he had been drinking, and
had been using marijuana and lost control of his behavior. He was afraid he
was going to hurt his brother over some alleged family conflict, stemming back
to the death of his mother sometime back. The patient went to Caldwell Memorial
Hospital where the doctor felt he was probably dangerous to himself and others,
and committed him here.

While in the hospital the patient settled down, requiring no extensive medicatio
He,gs not suicidal at the time of discharge by court, and it was felt that he
was ready for release. He felt that he could go back to Oklahoma.
A: At time of discharge by court no psychosis and no depression of any great
magnitude, even though he was on Sinequan, 100 mg. at h.s. to help him sleep.
P: Patient plans to return to Oklahoma. No trnc appointment will be made for him.
Form No. DMH 1·20·81 BH DISCHARGE SUMMARY

Exhibit 6 Page 1
GREENE, JACK GORDON
NORTH CAROLINA DIVISION OF //27-66-01
MENTAL HEALTH, MENTAL RETARDATION CALDWELL 14 NR
AND SUBSTANCE ABUSE SERVICES

BROUGHTON HOSPITAL

PAGE TWO

FINAL FORMULATION:

This is a 27-year-old white male who came to the hospital, allegedly under the influence
of alcohol, and possibly marijuana. He had made some verbal threats which he now says
he didn't mean. No evidence of psychosis; more likely related to his abuse of drug and
alcohol.

FINAL DIAGNOSES:

Unchanged

TYPE OF DISCHARGE:

Direct. The patient left in care of himself, to return to 2700 North Council Street,
Bethlay, Okhhoma 73008. No medication was sent with him.

Wade Woodard,P. ., Unit D

WW/dmp

Form No. DMH 1-20-81 BH DISCHARGE SUMMARY

Exhibit 6 Page 2
o
BROUGHTON HOSPITAL
NORTH CAROLINA
DIVISION OF MENTAL HEALTH
AND MENTAL RETARDATION SERVICES

Dictated: 6/4/85
Transcribed: 6/10/85 _~LLLi
Format: Identifying Information, Presenting Problems, Previous psy~iH§Jft~!WRrf'~:il)ifa1?~M%fl~~A!iHt-gocJJptJ;esPnent,S ocial-environmental
Assessment, Physical Functlonlng, Social Assessment.
D, te --,5,-,/,-,3,-,0,-,/-=8",5,--_

IDENTIFYING INFORMATION:

This is the first admissiDn tD BrDughtDn HDspital fDr this 27-year-Dld white, divDrced
male frDm Caldwell CDunty. He is referred fDr invDluntary admission by Dr. Ranier Mc-
Guire, Caldwell MemDrial HDspital, LenDir, NDrth CarDlina. CorrespDndent listed for
this admissiDn is the patient's friend, DDnna Greene, 2600 North Council, Bethlay,
OklahDma, 73008.

The patient has a high school education, plus three years of education in a Vocational
Technical SchoDI. Pri.or to admission he was unemployed. He does not have any type of
charges pending, nor is he a veteran of military service. This is his first admission
to this facility. He has never been declared legally incompetent.

PRESENTING PROBLEM:

The patient states that he is Driginally from Wilkes County, but has lived in Oklahoma
City for the last IY, years. The patient states that he and his girlfriend were on
their way to Wilkes County to see their family members. Apparently the patient and
his girlfriend left Wilkes County apprDximately IY, years ago and the girlfriend is back,
trying to get custody Df her two children, from her husband. The patient states he is
trying to get visitation rights with his children. The patient states he has been
married twice. He does admit tD drinking prior to admission and states he was afraid
that his drinking was becDming too heavy. The patient states he is an alcoholic and has
been involved in AA prDgram in OklahDma City for the past two years. He states he has
been under a lot of pressure, has been working two jobs in OklahDma City. According to
Mr. Greene, "I thDught I was going to crack up if I did nDt get some help". Due to his
feelings, commitment was sought to this facility.

PREVIOUS PSYCHIATRIC HISTORY:

The patient has never been to the MHC before. This is his first admission to BroughtDn
Hospital. He has attended AA in the past.

FAMILY DYNAMICS:

Exhibit 6 Page 3
(
~,

.J

BROUGHTON HOSPITAL
I NORTH CAROLINA
DIVISION OF MENTAL HEALTH
AND MENTAL RETARDATION SERVICES
GREENE, JACK GORDON
1127-66-01
CALDWELL

PAGE TWO

Format: Identifying Information, Presenting Problems, Previous PsychiatrIc HIstory, Family Background, Psycho-social Assessment, SocIal-environmental
Assessment, Physical Functioning, Social Assessment. .
Date _

the ptient and his siblings. The patient seems to have a poor relationship with his
family members. Mr. Grane states that his father committed suicide, and that he was an
alcoholic. He states he was only 18 months old when his father died. The patient does
not have any type of rel~ous pr~ference. Prior to admission the patient had been
residing in Oklahoma City, but upon discharge from this facility he plans to return to
Wilkes County and attempt to get visitation rights set up with his children.

PSYCHOSEXUAL FUNCTIONING:

The patient is presently divorced from his second wife. He does have a girlfriend and
no sexual problems are noted.

PSYCHOSOCIAL FUNCTIONING:

The patient began school at the age of seven and completed the 9th grade. He states he
eventually obtained his GED, plus completed three years of vocational tech school. He
describes his personality as being friendly, easy-going, and personable. He states when
he begins drinking He personality begins to change. When angry or under stress the
patient states he prefers to be by himself.

SOCIAL ENVIRONMENTAL SITUATION:

Prior to admission the patient was working at a 7-11 Store in Oklahoma City, and was
also doing some part time landscaping work. He is diovrced from his second marriage
and has four children. He has two children by his wife (first), age seven and eleven,
and two children by his second wife, ages five and two. The patient states that he does
plan to reside in Wilkes County until custody suit is settled. He describes himself as
being a fair manager of money. Military service history is not addressed. The patient
is not involved in any type of community activities.

PHYSICAL FUNCTIONING:

Prior to admission the patient was not on any type of medication. He states he has had
surgery on his foot before from an old gunshot wound. Please refer to Physical Exam
for further information.

Form No. DMH 2~25·81
/3 PSYCHOSOCIAL ASSESSMENT

Exhibit 6 Page 4
o
BROUGHTON HOSPITAL
I NORTH CAROLINA
DIVISION OF MENTAL HEALTH
AND MENTAL RETARDATION SERVICES

GREENE, JACK GORDON
1127-66-01
CALDWELL COUNTY

PAGE THREE

Format: Identifying Information, Presenting PrOblems, Previous Psychiatric History, Family Background, Psycho-sodal Assessment, SocIal-environmental
Assessment, Physical Functioning, Social Assessment.
Date _

SOCIAL ASSESSMENT AND PLAN:

Mr. Greene was admitted to this facility on 5/30/85. He states he had been living for
l~ years in Oklahoma. He states he is an alcoholic and has had various problems with
alcohol, and run-ins with the law-enforcement officers due to alcohol consumption.
He states that alcohol has been aproblem for him since age eleven. At one time he
states he spent three years in a training school. He states he has been in prison
approximately four times for DWIs, and at one time received felony time for two years
for escaping from prison, after being kept there for DWI charge.

The patient appears to be very sincere in stating that he plans to receive help for his
alcohol problem. He did say that he plans to go back to Wilkes County upon discharge
from this facility. It will be recommended to the patient at discharge that wherever
he goes, he become involved with AA once again to seek continued treatment for his
alcohol problem.

The patient does have his GED, and was working two jobs while residing in Oklahoma.
Upon discharge he will be referred to his local MHC, and also will be encouraged to
attend at least two AA meeting s per week.

DL/dmp

Form No. DMH 2·25·81
J+ PSYCHOSOCIAL ASSESSMENT

Exhibit 6 Page 5
Exhibit 7 Page 1
Arkansas Department of Correction
SOAP Note Summary

Inmate (Last Name, First Name, MI): Greene, Jack ADC #: 000922
Facility: Vamer Unit Site: Varner.
Completcd by: Connie Hubbard, NP
Encounter date: 09/0912004

Subjective
CIO persistant ear pain on left. Cont. to claim a conspiracy to close traps loudly for the purpose of
bursting his ear drwn. Claims he ha'ld fired an attorney for being part of the conspiracy. C/O
shoulder pain. Upset he has not been seen by ENT

Objective
He is aggitated, upset that mental health employee came to see him. He talks about filing federal
suits or injunctions to be able to get out to be seen by ENT for his ear. Should be noted while in
CB 4 there was no loud closing of traps

Assessment
Rt shoulder pain - No surgical lesion per orthopaedist's evaluation on 7-2 I-04
Subjective ear pain and tinnitis on left - TM has been intact on past exams it should be noted
eventhough he claims il is burst

Plan
Will increase Elavil to bid
he is to complete his steroids as prescribed
He docs not hav~ sli~~ although it \\:as not indicated for use by Dr. Lytle

Medical StaffSignaturel
0-1// 11/7 dV
~ul[¥.j/ ~~ Reviec,'er Signature: _

.'

Exhibit 8 Page 1
Patient ill: 000922 PaIicnt Name: Greene. Jack F.ncounter dale;09/()9/2004, 9:17 PM SOAP Note
UAMS
MEDICAL
CENTER

GREEN, JACK G
UAMS#: 00070-11-89
DOB: 03/13/1955
ACC'l'il: 070118906003
LOCATION: OTO
DATE: 01/26/2006

ATTENDING PHYSICIAN: Felicia lJohnson, M.D.

CHIEF COMPLAINT: I,eft ear pain.

HISTOEY Of' PHESEN'l' ILLNE:SS: Mr. Green is a 50-year-old instItutional
pati.ent who presents to t:he E'.NT Clinic today with a chiet complaint at
severe, constant, 1.8ft ear pairl. TIe states that thj.s ear pain started on
July 5, 2004, after he felt a pop in hIs left ear. He also states tllat
lhis pain was caused by a pu_cposeful and repeatod slamming of hi::> cell door
at hi.s j.llstj.tuti.on. He states that no treatment he has tri.ed has rs.l.i.eved
thl.S pain and that the pai.ll i.s "tortlJriI19 hi.m to deatl1.'· The patient
denies any heaL'ing loss. He donie.s any tL'LlG vertigo symptoms, although he
does state that he has a constant genc.calized dysoquilibriurn. He denies
any acute episodes of vertigo aasoctated with bearing down or heavy
lifting. lIe does admit to a Bonae of aural pressure and tullno:";;3 1 i1:", weT I
as sensitivity to noise. He also admits to tinnitus in hi:] lett eaL that
includes anything from ringing, Lo a cricket sound, to .cour:inq. The
pati.ont doni.os any i.nfecti.ons or drai.nage.

PAST MEDICAL HISTORY: The paLieIlt 3uslairled a stIotgurl WOUIld to his riqtlt
foot in 1984. he ulso tlus a Lore rotator cuff in tlis rig tIt stloulder. lIe
also complains of left sided neck pain for tl", past two months.

SOCIAL HISTORY: The patient doe~.) have d 30-pack Y+JiJr hi:3tory of .'Hnok:inq,
but qu.i t srnoki nq [ollryears ago. He (jellies aJ.cotlol 113e ()r (jrlleJ llSP.

CUHHENT MEDICATIONS: Tylenol.

ALLF.RGIF.S: None_

FEVIEW OF SYSTEMS: A complete review of systems is listed in the
pati.entrs paper chart.

PHYSICAL EXAM:
Gerlcral: In geIlersl l tllG paticflt appears weJ.l afId is ill flO acuLe
distress.
I-IE~ENT: Head is normocephaltc, at.raumatic. Pupl.ln equal, round, reactive
Lo light. extraocular movements are in tact. Ears were examined undeL'
microscopy. Examirlutiorl DILlIe riqIIt ear ShOW3 eviderlce of a previous
tympanic membrane perforation in the anteri.or/inferior quadrant that: hBS
now healed over with a thin squBmous layer. There is no middle ear
effu,sion. Exam of the left eur is completely normal with no middle ear

? of ?

PIUNTED BY: l\NSMITH DATE 2/18/2009

Exhibit 9 Page 1
UAMS
MEDICAL
UAMS OUTPATIENT NOTE
CENTER
GHEEN, JACK G
U1IMSj[: 00070-11-89
ACCT,: 070118906003
LOCATION: 0'1'0
01/26/2006

effusion or tympanic membrane abnormality. There is no abnormality of the
external auditory canal or auricle. F:xam of i-.he nose is normal. Exam of
the oL·ul cavity is nor:mal w-ith a class 1 occlusion. The paLLenL does have
Lenderrless to palpatiofl oiLlIe left temporomandibular joint. Ttlere is flO
obvious crepitus or clicking however.
Mirror exam: Normal hypopharynx and larynx. The vocal cords are immobile
biJ.aterilJ.Jy, arId ttlere are no J.8510T13 seerl.
Neck: EXiJIH oJ: the neck cloe~:; not. r.'c..;JveiJ:! i:lny rnil~),<3e~> oc aclenopdLhyLhaL ar(~
palpable.

AUDIOLOGY: The patient has an audiogram from December 200~) performed in an
outstde insti.tution. Thi.::> shows a mi.ld symmetric, hi,gh frequency
sensorirloural lloarirlg loss.

RADIOLOGY: The pattent had an MRI of hi.s brai.n and cervi-ca'] spi.ne done on
December 9, 2000. He brought this to clini.c today and thts wa~l reviewed.
The MJ{1 of the bL'ain i.s completely nonnal with no ovidence of tumor in tho
internal auditor"y canal. The" Ml-G of the C-spine showed deq()neraLlve
changes i.n C4 and CEI and C~') and C6 wi.th d.i.scs bulging more pronouncod <1t
the C~), C6 .level. rt a,1so showed iJ C5, C6 posteroJatoraJ npondylytic npur.

ASSE~SSME:N'r AND P.LAN:
1. This is a 50-year-old male with severe left sided otalgia that is
probably due to temporomandibular joint dysfunction. The putient WU3 given
a prescription for ibuprofen 600 mg Lo Lake Un"ee Lo four Limes daily. lIe
was also advised to stay on a 80f1: di.et for about two wc:cks and apply warm
compresses to the tender area. 'T'he patient:: also describes some: symptoms of
Meniere's disease, i)J,thollgtlttlSy are flot cJ.ussj.c. Ttle piltierlt: was gi.ven iJ
prescri.f)'ti.on f()r Maxzide 25/3"J.5 mg ilnd was advi.sed to re~i1~ri(:t tli.s saJ.1:
inLake in his diet to 1500 mg peL" day. 1 counseled Lhe paLienL LhaL his
pain is most likely related to dysfunction in his temporomandibular joint
and that the treatment

The patient was seen and examined by Dr. Johnson, who formulated the plan.

Electronically Signed by
Felicia Johnson, MD 03/31/2006 17:46

Felicia Johnson, MD

cc:

2 of 2

PIUNTED BY: llNSMl'l'H DATE 2/18/2009

Exhibit 9 Page 2
• ..... . ..
ARKANSIIS
f".p.cMred
L MSF-202C
/c,Yr~.p,:)

,
DEPARTIVlENT 0 -Health Service Re uest Form

1) 2) 31

Subjective Dpta

Objective DliIta: BP: Pulse: fi~spir<a[ions: Temperature: Weighl:

Assas;Sfl'lont;

Plan by Nursing Care:

Body S stem Code: III IlfObl~j'I'1 6:;tl Pa.lient Education: II H31ldoUI t) VerbQllns.tJuction Topic:

ReIer toO: I J Physician I) Mid-level II Denial

DC#,

Exhibit 10 Page 1
STATE OF ARKANSAS )

COUNTY OF ~r..ct. . )

AFFIDAVIT

, after first being duly

sworn, do hereby swear, depose and state that:

thi ngs

contained herein are true and accurate to the best of my

knowledge, information and belief.

DATE

this
SUBSCRIBED AND SWORN TO BEFORE ME,
oJ,S-(- day of av.~ , a Notary Public, on
20 {)g_____ .

NOT
~AJ~L
Y PUBLIC
\. My Commission Expires: 5/31IXJ'7

05.22

Exhibit 11 Page 1
:HSS027J - Condensed I- ~alth Services Encounter Page 1 01 L.

::HSS027J ~ :ondensed Health Services Encounter Monday October 10, 2008 01::3'Hl3 PM

ADC #: 000922S Inmate Name: Greene, Jack

r(...;ADC #: 0009225 In ate Name: Greene, Jack
ENCOUNTER DATil 10/\612OOS TIME: 03:29: IS PM DURATION: minutes TYPE: Follow-up Care (Doctor)
LOCATION: Yame Super Max [F021 SETTING: Health Services Ollice
S NOTES: Pt here for cj of pain all over especiall "in his spinal cord". Pt will not stay still and states that he would rather be dead than
live in nain. He states t at his left ear hurts bis ril!ht shoulder hurts.
o PREVo 07:31:39 AM TEMP: 96.6 PULSE: 86 RP: 20 BP: 133114 HT: 5 ft. II in. WT: 146 Ib BLOOD SUGAR: NA
NOTES: Tro's opaque ~i1aterally, but no defects noted. Balance of Heent exam is benign. Hrrr without Murmur Lctab M/S: Pt is
contorted. He is c/o pa n, but .1 times he looks like he is in no distress. Neuological:DTR 2/6 bilaterally. Loud phone ringing doesn't
seem to affect his pain ill ear.
A NOTES: Pt does have MRI that shows disc disease. 1feel that he has pain out ofproportioll with his exam.
STANDARD FORM Medical Restrictions/Limil1>tII.
P DRUG PRESCRIPT ON: Ibuprofen/SOO mg table'
EFFECTIVE DT: 0/16/2008 RT: PO DOSE: ltablet STRENGTH: SOOmg METHOD: Unit Dose
FREQ: TID FOR: 30 DAYS EXPIRATION DATE: 1I/151200S REFILLS: 0 STATUS: Ordered

DRUG PRESCRIPT ON: Propo><yphene/65mg tablet ,
EFFECTIVE DT: 0/16/2008 RT: PO DOSE: 2 tablet STRENGTH: 65mg METHOD: Unit Dose
FREQ: TID FOR 30 DAYS EXPIRATION DATE: 04!14/2009 REFILLS: 5 STATUS: Received from Pharmacy

DRUG PRESCRIP' ON: Oroeprazole. OTCII Omg
EFFECTIVE DT: 0/1612008 RT: PO DOSE: 1 STRENGTH: 10mg METHOD: Daily Dose
FREQ: QD FOR: 30 DAYS EXPIRAnON DATE: 04114/2009 REFILLS: 5 STA TUS: Received froro Pharmacy

X-RAY ORDERED C-spine Series WI Odontoid VW
X-RAY ORDERED Shoulder XR
L' APPT SCHEDULE : X-ray WITH: Hoyt, Jacqulyn S
...., ON: IO/111200S ,T:04:0S:17PM
APPT SCHEDULE~: X-ray WITH: Hoyt, Jacqulyn S
ON: IO/17/200S T: 04:09:31 PM
TREATMENTS: Other Special Authorizations UNTIL: 01/14/2009
Orthopedic Appliance: (describe briefly) cuff in ITont only
SPECIAL EQUIP1\' ENT: Othopedic Appliance UNTIL: 01/14/2009
Orthopedic Appliance: (describe briefly) cuff in front only
NOTES: Pt may ber fit from continuation ofthe darvon as well as Ibuorophen SOO mit po tid.
E NOTES: None
STAFF: Turner, Rc off P, MD Medical Doctor
If

https://eomiscluster.st te.ar.us:7002/servlet/com.marquis.eomis.EomisControllerServlet 10/20/2001

Exhibit 12 Page 1
DECLARATION OF DR. RULOFF TURNER

I, Dr. Ruloff Tunrer, being of sound mind and legal age do hereby swear and state:

l. I am a medical doctor licensed by the State of Arkansas. I previously was

employed by Correctional Medical Services (CMS) which was contracted by the Arkansas

Department of Corrections to provide medical services and care to their inmates. I have worked

at the Varner Unit as well as the Delta Unit. I am no longer employed by CMS.

2. I remember Jack Greene while I was rvorking at the Varner Unit. He was a

grizzledold man. I remember he was moving all the time, he would never stay still, He did

these yoga like movements constantly. He said he had to move to ease his pain.

3. I ordered some x-rays be taken of him. However, on examination of him I could

not determine that anything was physically wrong with him. He might have had mental

problems, I just don't know. I am not a psychiatrist.

4. I have looked at my notes in Mr. Greene's prison medical chart and they are

accurate.

I declare under the penalty of perjury that the foregoing is true and corect.

Executed on this 4a auyof August, 2011.

øh/*^e aa.
öiãu-toff
rurner

Exhibit 13 Page 1
Exhibit 14 Page 1
Exhibit 14 Page 2
, i ,/
Case 5:04-cv-00.:.3-SWW Document 230 Filed 06/l-: -5 Page tl9 of t9 ' '',

WIIEREFORE, for the foregoing reasons and authorities, ,"rVond"fl\¡rUff
/
respectfully requests that the relief prayed for in-Gfeene-¡-Motion to Vacate

Judgment be denied.

Respectful ly submitted,

I.ESLIE RUTLEDGE
Attorney General

BY: /s/ Darnisa Evans Johnson
DARNr S å, .EVAN S .JOFINiË Olf
I Arkansas Bar # 90041
Deputy Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72201
(s0l) 682-807 s
Darnisa. Johns on@arkansas ag. gov

ATTORNEYS FOR RESPONDEI{T

L CA

I, Darnisa Evans Johnson, Deputy Attorney General, do hereby certiff that I
have electronically fîled the foregoing pleading with the Clerk of the Court using
the CN4/ECF system, which shall send notification of such filing to Josh Lee,
Assistant Federal Defender, l40l W. Capitol Avenue, Suite 490, Little Rock,
Arkansas 722Q1, this l9th day of June 2015.

/s/ Darnisa Evans J ohnson
DARNISA EVANS JOHNSON
ti
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Exhibit 15 Page 1
I - 1
~I
Exhibit 16 Page 1
Exhibit 16 Page 2
Exhibit 16 Page 3
Exhibit 17 Page 1
Exhibit 17 Page 2
Exhibit 17 Page 3
Exhibit 18 Page 1
Exhibit 18 Page 2
Exhibit 19 Page 1
Exhibit 19 Page 2