The Best Books of 2017
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Big Marijuana is ready for you.
The fact is that Big Marijuana has been ready for some time. Now it is on the cusp of near-universal legalization in America. And that spells trouble, especially among the mentally ill, as we shall see.
But not just for the mentally ill. As we shall see.
Here is a quick annotation of what I mean by “trouble”:
To legalize, in our consumer-dominated society, is to legitimize. To legitimize is to strip away any considerations of risk—any considerations whatsoever, except price.
To legitimize, in short, is to commodify.
Consumers are paying for this particular commodity—this exciting new product being rolled out, or rolled up—in various ways. Some pay with their credit cards. Some pay with cash. Some pay with their sanity. Some pay with their lives.
As of September, twenty-nine states—three-fifths the total—and the District of Columbia have moved to legalize cannabis1 “Cannabis” is essentially the same as “marijuana,” a Latino variation. use under varying conditions. With a few exceptions on either side, only the Great Plains states, parts of the Midwest, and the Deep South have resisted legalization. The rules are complex in those states where it is approved. Many states, for instance, restrict it to medical use, as a relief for chronic pain.
Yet few players in what is now being called, without irony, “the industry” doubt that most if not all of these holdouts will eventually fall into line. And that the rules will relax. Some already are being flouted with impunity.
This is what happens when a “substance” becomes a commodity. Money begins to talk; and money, big money, is drowning out the rest of the conversation surrounding Big Marijuana.
The volume went all the way up to eleven when hip and youthful Colorado (2014) and then massive California (2016) became the fifth and sixth states to legalize pot for recreational use. California is expected to be issuing licenses for pot shops by January 1, 2018. Canada—Canada!—is working on legislation. The money people are lining up, clutching their open checkbooks.
They will be writing checks in the aggregate billions.
The “commodity” cachet of cannabis is being reinforced by such impeccably establishment periodicals as Forbes, which in May was pleased to advise its elite readers concerning “The Top 5 Financial Leaders in the Cannabis Industry.”
As the reporter Tristan Green wrote last July in the online magazine Finance: “It’s difficult to determine exactly how much money there is in the cannabis industry. A report from Forbes states that North American sales totaled $6.7 billion in 2016. Investors looking for an emerging industry that’s worth billions, doesn’t have stiff competition from major international companies, and is as close to a ‘sure thing’ as possible need look no further than cannabis. The Motley Fool expects a 300 percent increase in cannabis revenues, in the US alone, over the next five years. That figure could increase exponentially if more US States legalize cannabis for adult recreational use.”
I suppose I should say here that I don’t oppose marijuana use because I think it’s immoral. As a young Chicago journalist in the 1970s, I found it commonplace among the people I knew and liked. In my beloved adopted state, Vermont, I sometimes wonder whether the blue haze over the Green Mountains is mist or smoke. Yet I have never judged anyone on the basis of race, color, or tokes. Hell, I toked up myself. Once. It made me hungry for a pizza. I lost interest after that. In grass, not in pizza. Yet I was never “against” it. It was none of my business.
I’ve lately changed my mind. I have come to believe that marijuana poses a critical societal threat. Not to our morals, but to our public health—particularly the health of the mentally ill among us.
And the bedrock reason that it poses a critical threat? Commodification.
By this, I don’t mean to say simply that legalizing pot makes it easier to obtain. While that is certainly true, the deeper threat is more insidious, and more troubling. The deeper threat is increased potency. The cannabis on the market today is mind-altering on a scale far higher than the weed puffed by the counter-culture in the 1960s and 70s.
Cannabis’s main psychoactive component is tetrahydrocannabinol, commonly known as THC. You will find a variation of “cannabis” inside that name. Cannabinol is a chemical that interacts with receptors in the brain that are associated with pleasure. It is an adversary of dopamine, the neurotransmitter that controls (among other things) reward-motivated behavior. An overflow of dopamine, triggered by stress, trauma, or—oh—too much THC in the system—can produce psychosis.
(Because no two highly complex neurological systems are identical, some people—me, for example—are not as affected by THC as others.)
Over the long history of pot consumption, the THC level in cannabis plants averaged out to something under ten percent. This relatively benign percentage held through the years of love-beads and “Power to the People.”
That was then. In recent years, researchers have found that the THC in legalized-sale states is three times that percentage. This means that today’s puff produces a higher high—but also a threefold increase in the likelihood of psychosis due to interference with dopamine.
And this is not the only change in the plant. Another component of cannabis is cannabidiol, or CBD. This secretion, traditionally only 0.28 of each plant’s makeup, is responsible for marijuana’s cachet as a benefit to patients who suffer extreme pain. Legalization for medical purposes would be meaningless without it. CBD’s presence in the blood system reduces pain and anxiety. It also is found to block the psychotic potential of THC.
Guess what: lately, those same research projects have found that CBD’s average level has fallen from .028 to 0.15 percent.
What has happened to jack up the potency and lower the medical benefits of cannabis? Is it some abrupt shift in the evolution in the plant?
No. As I have heard public-relations people smirk after their company’s product gets a favorable story in a newspaper: “These things don’t happen by accident.”
The changes have happened because of selective breeding. Another name for this is “eugenics.” Marijuana growers are finding that more potent plants fetch more money from wholesalers. Among the leading wholesalers is Tardiv, Inc., of Boulder, Colorado, a startup in 2015 that now calls itself “the cannabis industry’s largest online wholesale marketplace.” (The acceleration of commodified weed can be grasped from the report of one market research firm Arcview that the cannabis “industry” generated $2.4 billion in sales in 2014, up 74% from 2013.) Tardiv, which keeps its profits a secret, advertises its mission as “To Make Wholesale Cannabis Trade Efficient, Easy & Secure.”
Secure from what?
Secure from being evaluated on its own demerits, for one thing. Big Marijuana is in its infancy compared to, say, Big Tobacco, Big Pharma, and Big Guns. Yet it is learning quickly from its elders.
Learning to turn liabilities into assets, for example: higher wholesale prices mean more cost to the consumer. But with this commodity, that’s not a problem. Higher bucks connote a higher high, not to mention the fantasy of elite consumption. And anyway, many smokers develop a tolerance for THC over time, and actually require ever-larger jolts. In this sense, marijuana is its own gateway drug.
Here some other adaptive skills that Big Marijuana has absorbed.
Its business structures serve to further camouflage the irreducible gaminess of its product. These ape the sleek structures of the Corporation Eternal: advertising, marketing, and research divisions; sophisticated advertising accounts; acquisitions (“Aurora Cannabis Acquires Larssen to Offer Turnkey Cannabis Cultivation Services Worldwide”); flow charts; conferences (the “Aspen High”); burnished websites; speakers bureaus.
All of these strategies are important. None, perhaps, is as important as the manipulation of language to (further) neutralize activist opposition on public-health grounds. Big Marijuana has scrubbed its jargon clean of any usage that might summon thoughts of the product’s potential menace to human well-being and sanity, and replaced that usage with the antiseptic jargon of Corpspeak: “We connect investors and entrepreneurs to the deals and information they need to make the most of this emerging market.” “Cannabis, meet capital.” “Quality Products that Pave the Way for Mainstream Acceptance.”
And get this, for appropriation of the gilt-edged idiom of politesse:
“Snoop Dogg is one of the most revered figures in music, entertainment and more recently, a business pioneer in the cannabis sector. Over a respected career that stretches 25 years, his repertoire has turned him into a cultural icon across mediums. Snoop and business partner Ted Chung recently launched online media platform MERRY JANE, the definitive cultural destination for news and original content.” https://www.canopygrowth.com/
A capitalist juggernaut has formed and is rolling. Armed with its vast arsenal of persuasion; outfitted in the fine-woven haberdashery of Success; anointed with further legitimacy-by-association bequeathed by “progressive” billionaires such as George Soros and former Facebook chairman Steve Parker; dripping second-hand stardust from celebrity investors such as Roseanne Barr, Whoopi Goldberg, Melissa Etheridge, the inevitable Willie Nelson, and others, Big Pharma seems poised to overrun the rusting Maginot Line of social checks and balances: federal and state governments, regulators, educators, medical doctors and psychiatrists. It seems guaranteed to take its place among the rest of the ethically impervious Bigs: a massive Goliath striding forward, its path clear of natural enemies.
And yet a resistance remains in place. Across the country, determined local activists have dug in against the onslaught. They are armed with the flimsy-seeming small-bore weapons of medical research, demographic statistics, personal testimonies, and legal savvy. Their most valuable weapon, in the end, may prove to be what William Faulkner called “man’s puny, inexhaustible voice.” They are determined to prevail.
In some ensuing blogs, we will meet some of these Davids, and we will see what they have in their slingshots.
If neurochemistry can be thought to have a cruel side, it is evidenced in anosognosia. This loathsome side-effect of severe mental illness accompanies about fifty percent of all cases. As the link explains, it renders its victims incapable of understanding that they are afflicted, and prompts them to strongly resist doctors’ efforts to medicate them and, in cases of active psychosis, commit them to hospital treatment.
My family is acquainted with anosognosia and its lethal power.
Our younger son Kevin almost certainly was a victim of this ride-along predator, and it cost him his life. He accepted psychiatric treatment and medications for most of the three years after he was diagnosed with schizophrenia, yet never acknowledged the disease itself, insisting that it was merely a “condition.” Near the end, after he had been re-diagnosed with schizoaffective disorder he renounced medication of any kind. He hid the pills that we continued to insist he take, and committed suicide just days before his twenty-first birthday.
Kevin’s older brother Dean, stricken a few years after his sibling’s death, has been more fortunate. An enlightened psychiatrist observed Dean’s own resistance to intervention, and turned it to my son’s advantage: In brief, “Report to a clinician for a monthly antipsychotic injection, or be legally hospitalized when the inevitable psychosis erupts.” Dean has taken this carrot/stick choice seriously, and has significantly improved from his psychotic depths.
Now comes medical science (via the pharmaceutical industry) with a product designed to defeat anosognosia. The Food and Drug Administration has approved the digital modification of a popular oral medication, Abilify® (Aripiprazole, manufactured by Bristol-Myers Squibb). As explained in this New York Times story, each pill will be equipped with a digitalized sensor that can transmit electronic data to doctors and family members, reporting whether and when the patient took the medication.
The device will surely be welcomed by parents who have exhausted themselves begging in vain for their children to accept professional intervention, and watched helplessly as their children have refused, and deteriorated into deep psychosis, and sometimes, as with Kevin, death.
My own instinct (naturally) is to celebrate this promising solution to a scourge that would be called “evil” if there were sentience behind it. Yet reason tells me that celebration is premature.
An obvious roadblock to the product’s success is that those who most need it may not take it. If anosognosia leads SMI sufferers to resist acknowledging their illness, why would it not lead them to reject a medication that treats a “nonexistent” illness? (It should be noted that the digitalized medication will also be marketed to older sufferers of various discomforts who tend to forget taking their meds.)
Another barrier is popular distrust–legitimate distrust, to an overwhelming extent–of Big Pharma itself. The distrust has been earned.
Bristol-Myers Squibb is a part of a massive industry that has recently been rated as the second-most hated in America. (The top pariah varies from website to website. The far-flung electronic communications industry is often the No. 1 contender, or nolo contenderer.) Pharmaceutical companies raked in a composite global revenue of more than one trillion dollars in 2014. This ongoing bonanza has made them virtually impervious to the restraints of the law. In 2012, for instance, GlaxoSmithKline paid the U.S. Department of Justice three billion dollars in a false-claims settlement, the largest in the long and bloated history of penalties assessed Big Pharma. Bristol-Myers Squibb’s history of producing Abilify® has been tainted with lawsuits: the watchdog organization drugwatch reports that as of September, 365 actions were pending against the company. Most of them charged that Abilify’s® side-effects include compulsive tendencies toward gambling, eating, shopping and sex.
Big Pharma’s excesses are making headline news, and disrupting America’s social fabric, to this very day. The October 30 issue of the New Yorker carries a bold and searing investigative essay by the writer Patrick Radden Keefe. Keefe’s immersive journalism meticulously lays out the chain of greed, recklessness and “ruthless marketing” that led to our present opioid crisis. Keefe trains his sharp lens on the family of multi-generational philanthropists and drug entrepreneurs, the Sackler family, private owners of Purdue Pharma, which has built them a net worth of thirteen billion dollars, and which is responsible for the prescription painkiller OxyContin. OxyContin’s active ingredient, as most people now know (many of them through catastrophic experience) is oxycodone, a chemical similar to heroin.
Keefe reports that “Since 1999, two hundred thousand Americans have died from overdoses related to OxyContin and other prescription opioids.”
Chapter 15, “Antipsychotics,” in my book NO ONE CARES ABOUT CRAZY PEOPLE, covers the era of Big Pharma from the introduction of Thorazine in 1954 through our present time. The saga is one of proliferating medications, global expansion of companies, almost inconceivable profits, false claims, hidden or downplayed side-effects, and a corporate culture whose manifest amorality was damningly characterized by a former insider, quoted in the chapter, as fulfilling “the criteria for crime in U.S. law.”
Given the details that I have amassed, in this essay and in NO ONE CARES, covering the nearly 70 years of depredations that make up the worst of Big Pharma, it may seem surprising that I do not, out of hand, dismiss the introduction of digitalized Abilify. And the entire universe of antipsychotic pharmaceuticals along with it.
The reason I do not is at once simple and complex: many of them work. Or work for some patients, if not others. Or work in spite of their problematic side effects. Or work until they don’t work. Our vexed universe of care for the seriously mentally ill, even at its best, remains enshrouded in mystery, incomplete science, and human failing.
I believe that until the day that an infallible cure arrives, the advocates of intervention (including conditional support for new products such as digital Abilify, and strong support for laws that ease intervention’s barriers) must acknowledge that we take our stands in a world of risks. Some of the risks we advocate might result in more harm than good, or in harm, period.
But I also believe this: that the biggest risk of all is doing nothing. For this way lies madness.
At a Writ of Habeas Corpus hearing the Judge verbally confirmed the long sentences because he did not believe that Chris could recover from his illness. As a result Chris is serving multiple life sentences in a system of punishment because he is ill. Chris who never killed anyone has a longer sentence than the sniper who killed 22 people.
Since when in the United States do we sentence someone to prison simply because they are sick?
Please sign this petition to Governor Terry McAuliffe and ask him to pardon Chris so that he can receive care from a mental health care facility and not suffer a lifetime of punishment because he has a mental illness.
Ray Weaver is a singer/songwriter whose daughter is afflicted. With his permission I am reposting his recent message on the private Facebook site CCAC. Never have I seen the many griefs and agonies of a parent expressed so compactly and so bursting with truth.
Ray’s words remind us, among many other things, that far too many Americans remain uneducated about the nature of serious mental illness. It is a genetic brain disease, beyond the control of the sufferer. Yet its effects can be stabilized by medications, therapy, and a loving environment.
Thank you, Ray, and peace to you and to her.
When you have a sick child, there is never a day off. Never. Every day. Waiting for the phone to ring. Trips to the hospital. Fear. Fear. Fear. Sadness. Regret. And yeah, anger. At them. At yourself. At the fucking world. My daughter tried to kill my own mother. Demons. She tried to stab them out to save mom-mom’s life. And so, my own family, my own sisters have washed their hands of her, and, because they cannot understand the sickness, the illness, they have turned their backs on me as well,
I understand. I am not angry.
I am just tired. So very, very tired.
While in Providence to give a talk to the powerful advocacy group, the Mental Health Association of Rhode Island I stopped in for an interview with Molly O’Brien, a young and talented host for the innovative public-affairs webcast GoLocalProv. Here is the clip:
Read the full story here: http://www.golocalprov.com/live/pulitzer-prize-winning-journalist-powers-on-mental-health-in-america
I have posted several blogs about the unconscionable jailhouse ordeal of Tyler West, the 18-year-old mental-illness sufferer who has been held in the Muskegon (MI) County Jail since February (!) while awaiting trial on a felony charge of breaking and entering. (He committed this offense early this year, walking into a neighbor’s house and falling asleep on a sofa while in a psychotic state.) Last week Tyler was beaten up by a violent inmate in a cell. It was the second beating he has endured.
Tyler has suffered unthinkably: deprivation of his medications for periods, stints in solitary confinement for no discernable reasons, and the one previous beating by an inmate. I cannot recall a case in which so much punitive state power and so much negligence for well being has ever been visited upon an ill and essentially peaceful young man. His adoptive parents, Dan and Kimberlee West, have held themselves together with remarkable fortitude as they have pleaded again and again for humane treatment and public recognition of Tyler’s torment.
The futility of finding help for Tyler–legal or through mass-media sources–rivals his ordeal itself in surreality. Together with many of you who read this blog, I have alerted media outlets in Michigan and an NPR program dedicated to investigative reporting. I am–we are–met with silence.
Kimberlee West herself updates the story in the message below, which I reprint with permission from the Circle of Comfort and Assistance Community website.
Please read it, and the letter she sent to the Muskegon County sheriff, and follow your conscience.
Wish with all of my being, I had nothing to post. Unfortunately, that is not the case. Our son Tyler was assaulted again, last week in jail. Tomorrow I will email another letter to Sheriff Poulin. Also I will bring forensic psych report into jail medical and to CMH. It is overwhelming. It is hard to carry on, when it has been one fire after another for the last 3 years. So hard to work like this. Ty has had struggles, but, this is a completely different matter. Admire all of you, who have been doing this year after year. This may be a ridiculous question because I already know the answer. How do ya all do it!? Hope one day we will have real choices! We told the sheriff several months prior, “Ty can’t protect himself”. Please do not place him with violent offenders. They are NEVER proactive! They mentioned placing him in security. What does that mean? Isolation!? The last week it has been hard to have a real conversation with Ty. He seems scared. He will barely talk to us. He fears he will be a snitch. Then someone else will get him. We found out during his video visit. We also noticed he had lost weight. Just wanted to reach through that computer and hug him, never letting go. Daddys and Mommys, if your kids and adult children are with you physically, hug them like there is no tomorrow. It is precious to have them near you! Even if you have rough days. Prayers ya all! Ty has a target on his back. Below is the letter to the sheriff. Hope I get it right?
Hello Sheriff Poulin,
We appreciate your quick response last time we emailed.
This is to inform you as of 10-31-2017, Tyler Daniel West,#131395, continues to be in your care at the Muskegon County Jail. We are Dan & Kimberlee West we are his parents, guardians and advocates. Should anything else happen to our son we hold you responsible for the damage/ or loss of life. We seek, for Ty to be moved to the appropriate pod. He was assaulted last week. Tyler is not violent. He has black eye and his neck, snapped back. He does not know how to fight. The last week he has has had a flat affect. Currently he does not feel safe? He is now a target in this unit. He is not street smart.
Ty was also, assaulted March 11, 2017. Ty has traumatic brain injury as he has sustained, several serious concussions. Tyler has Healthwest,(CMH) Dan Scanlan is his liason. Ty cannot protect himself, which means he is a danger to himself. Should he not be, in either a disabilities, medical/mental or handicap pod? His previous pod, he was safe. Tyler is autistic, and has a neurocognitive disability. He also has a Serious Mental Illness. He has intrusive auditory command hallucinations. Sensory integration disorder and ADHD. We will also send his recent Psychiatric report, from Dr. Harris. Tyler is only 18.
We thank you for your help and hope you have compassion to do the right thing for Ty.
Greene, whose impending Nov. 9 execution I condemned in my previous post, is likely suffering from one of serious mental illness’s most insidious and common “companion” affflictions, anosognosia. (The term is Greek for lack of insight, and is explained here: http://www.
The violent mentally ill comprise a small percentage of those afflicted. Yet they are among the most feared and despised of society’s scourges, and many people mistakenly equate schizophrenia with homicidal tendencies. http://depts.washington.edu/
The Arkansas prison administrators who may soon exercise their power to kill Jack Greene appear to be equally clueless about the general nature of brain diseases such as Greene’s. They are physical genetic flaws that cannot be cured. Their effects can be modified by proper medication. Untreated, their victims lose all power to understand reality or control their actions.
If the November 9 execution goes forward, Jack Greene will die, but the real culprit–the disease that destroyed his reason–will live on, doing unspeakable human damage. It will continue to operate under the cloud of ignorance that still obscures justice for the mentally ill.
Please watch the video below to learn more about Mr. Greene and share his story with friends.
via ABC News
Jack Greene’s lawyers say he’s severely mentally ill. The Arkansas death row inmate says they’re lying.
As Greene approaches a Nov. 9 execution date, his lawyers are raising questions about who should determine his mental competency. Arkansas gives considerable weight to its prison director’s opinion in deciding whether a condemned inmate has the mental capacity to understand his execution; Greene’s lawyers want doctors to have a greater say.
“The system is really quite antiquated,” John Williams, an attorney for Greene, said in an interview. “(Prison director) Wendy Kelley is an arm of the state. She doesn’t have the expertise to make that determination.”
Greene was convicted for the 1991 killing Sidney Jethro Burnett after Burnett and his wife accused Greene of arson. At least one court this week will take up Greene’s case.
The inmate hasn’t always made it easy for his attorneys. While pleading for clemency, he told the Arkansas Parole Board this month that his lawyers are wrong to call him “delusional” and that courts have routinely found him competent. He also told the board, “I knew what I was doing to him,” when he tortured Burnett for an hour before shooting him. When a doctor testified that Greene has done headstands during examinations and even in courtrooms, Greene told the panel that he does yoga to remain “functional.”
Williams says the seemingly lucid moments mask severe mental illness.
“A lot of people who are mentally ill don’t think they’re mentally ill,” the lawyer said.
The case has drawn the attention of both the American Bar Association and a collection of 28 mental health professionals, who wrote to Gov. Asa Hutchinson saying it would be “morally and ethically wrong” to execute Greene.
“Mr. Greene’s illness manifests itself in extreme physical contortions, in self-mutilation, and in delusional beliefs he holds about a conspiracy against him between his attorneys and prison officials,” the mental health professionals wrote.
Greene stood throughout his Oct. 4 appearance before the Parole Board, fidgeting and fumbling through documents that, he says, promised him a transfer to his home state North Carolina, where authorities say he killed a brother days before killing Burnett. Bloodied, rolled up strands of tissue stuck out of both ears and his left nostril; his lawyers say that is a symptom of Greene’s mental illness.
“If I could go back to North Carolina and get medical treatment, that would be great, but if not, let’s come on with this execution,” he told the panel.
Williams says Greene believes he’s being executed because he uncovered a purported (and to Greene, successful) conspiracy among guards and lawyers to torture the inmate and dissolve his central nervous system and spinal column.
“He thinks that the Department of Correction cannot send him back to North Carolina because he knows too much about what has happened to him in prison,” Williams said. “They won’t send him back to North Carolina, so they have to execute him.”
Baloney, state lawyers say. North Carolina sent Greene to Arkansas for his murder trial on the condition that he would be returned if he received any sentence other than the death penalty. Greene knows a transfer is a lifeline, Assistant Attorney General Kathryn Henry said.
The governor said Friday that he was still reviewing Greene’s file after Parole Board members recommended that he not spare the inmate’s life.
Greene’s execution would be Arkansas’ first since it put four men to death in an eight-day period in April.
Unless a national petition sponsored by an Arkansas social-justice group succeeds (see the bottom of this blog), the life of a hopelessly insane man will be extinguished by the Arkansas Department of Corrections on November 9, less than two weeks away at this writing.
Jack Greene was convicted of murder in 1991. Greene’s lifelong history of suffering abuse, organic brain damage, psychotic disorder, and intellectual impairment amount to traditional grounds for being spared the death penalty. That history cries out for psychiatric attention and, yes, perhaps lifelong confinement. But not death. Yet, as this essay by Jessica Brand of Injustice Today reveals, Greene’s legal representation has been spectacularly clueless and negligent. The jury in his capital murder trial never received evidence of the manifold damages to his brain.
Jack Greene is the embodiment of what can (and often does) happen when a state criminal-justice system loses its fundamental sense of justice. But he is also a maimed human being who does not deserve to die for the violence impelled by a deformed brain.
Please sign the petition below, and repost this–and help in the effort to ward off what Brand rightly calls “a stain on our country’s moral conscience.”
via Injustice Today
“It is so loud inside my head. It feels like electrical impulses are going through my head all the time. If you took that pen and tapped it on the table I can feel it all the way down my spinal column. It is so loud inside my head.”
Those are Jack Greene’s words. He is the 62-year-old man that the state of Arkansas hopes to execute on November 9th for the 1991 killing of Sidney Burnett. Greene suffers from crippling psychiatric deficits, a possible intellectual disability, and a mental illness so severe that there are questions about his competency. He received such grossly inadequate representation at trial that the jury that sentenced him to death never heard of his devastating mental illness — a refrain all too familiar in capital cases. The state is aware of the glaring problems in Greene’s case, but it still hopes to execute him next month.
Greene, for example, regularly stuffs his ears and nose with paper “to alleviateperceived (but delusional) injuries.” Sometimes he intentionally causes his nose to bleed, and guards discover his face covered with blood. He eats out of his sink; his toilet is his desk. He thinks his central nervous system is totally destroyed, caused by, in his words,
[t]he prolong and repeated injuries on me . . . by staff of the Ark. Dept. of Corrections with the deliberate permanent destruction of such vital bodily functioning organs that’s caused injuries so severe and traumaticly [sic] inflicted to my brain, head, left inner ear, etc. . . . for all of which is so painfully torturing and inhumane I can no longer humanly function properly and live with.
He believes that his ex-attorney, the prison warden, a nurse, and a prison guard have conspired together (in that “chronological order”) to destroy “these vital functioning organs,” and that they are also preventing him from being extradited to North Carolina, where he could receive adequate medical care. He thinks his looming execution is part of this conspiracy.
Doctors believe Greene has organic brain damage. He has had a serious head injury in the past, and neuropsychological testing reveals damage to his frontal lobes. Several experts who have examined him have diagnosed him with a psychotic disorder, and his current lawyers are certain he is not competent to be executed. He also might be intellectually disabled, a status that, like incompetence, would render him categorically ineligible for the death penalty.
Then there is the trauma and the familial mental illness visible in many of Greene’s relatives. Greene’s father killed himself when Greene was an infant. His mother would later overdose on pain pills, and his brother later shot himself. Greene’s grandfather physically abused him and his siblings, sometimes rubbing salt in the wounds he caused. Greene lived in a house with no running water, electricity, or plumbing. At eleven, his grandfather handed him over to a notorious state-run training school for boys. While there, Greene was sexually and physically abused.
The evidence described above is the type that often causes juries to spare someone’s life, according to the findings of the Capital Jury Project. But at Greene’s sentencing trial, his attorney did not put on a mental-health expert and he presented no other mental-health evidence, although the signs of his illness were readily apparent. Instead, to convince the jury to spare Greene’s life, his lawyer presented a measly 46 pages of testimony, 33 of which were read from a cold, emotionless, transcript from a prior proceeding.
What happened next is equally disturbing. During post-conviction proceedings, an expert found that Greene might be intellectually disabled but stated that he needed to do additional testing to confirm. Greene, insistent that his lawyers were conspiring to torture him, asked the district court to withdraw the claim. He accused the Federal Defender’s Office of “making [him] out to be some kind of incompetent retard to get their office appointed to [his] case and try and cover up crimes of inhumane injuries maim and torture.” The judge found Greene competent to abandon this potentially life-saving claim and withdrew it. No court has ever heard it.
Perhaps the most shocking thing in Mr. Greene’s case is that, with a little more than two weeks until the scheduled execution, he has yet to receive a hearing to determine whether he is competent for execution under U.S. Supreme Court precedent that bars the execution of persons who lack a rational understanding of the punishment they are to receive. Arkansas’s unusual statute gives the Director of the Department of Correction sole discretion in making competency determinations. This means that the same person who is in charge of carrying out Mr. Greene’s execution also gets to determine –without a fair and independent court hearing — if he is competent for execution.
If the state has its way, Jack Greene will join a group of four other men executed by Arkansas in 2017, a group that to a man suffered from the most debilitating illnesses and trauma and received the worst lawyers. Ledell Lee, who might have been intellectually disabled, had lawyers who tried to withdraw from his case, citing a “gross [ethical] conflict,” a drunk lawyer, a mentally ill lawyer, but never, until it was too late, a competent lawyer. Marcel Wayne Williams had a mother who pimped him out for sex at ten and who tortured him by pouring boiling water on him and covering him with tar; Kenneth Williams may well have been intellectually disabled; and Jack Jones suffered from extreme physical abuse, was brutally raped by strangers, and suffered from bipolar disorder. Juries never heard these stories because of ineffective lawyering.
What is happening in Arkansas is a stain on our country’s moral conscience. Under the Eighth Amendment, the death penalty is supposed to be reserved for the worst of the worst, society’s most culpable. The prosecutors’ continued push for death in the face of severe illness and trauma, never heard about by juries, flouts that constitutional promise. And each time a court allows a state to carry out the harshest of punishments on the most impaired and least represented, it mocks the promise of justice. Will a court finally recognize this reality and intervene? Or will Greene become another tragedy in a system that is completely and utterly broken?
Please watch the video below to learn more about Mr. Greene and share his story with friends.