Texas executes 'mentally ill' man

Christina's family lived across the road from Green in Dobbin, north west of Houston.

It appeared the Supreme Court cleared the way for his execution yesterday when it rejected an appeal from his lawyers just as the window for the lethal injection opened at 6pm.

However, the punishment was delayed last night by another appeal that was finally refused less than two hours before the midnight expiration of the death warrant.

Asked by the warden if he had a statement from the death chamber, Green shook his head and replied: "No."

Seconds later he changed his mind, saying: "I'm an innocent man. I never killed anyone. You are killing an innocent man."

He then looked down and said his left arm, where one of the needles carrying the lethal drug was inserted, was "hurting me bad", but almost immediately he began snoring loudly. The sounds stopped after about six breaths.

Green was pronounced dead 18 minutes later.

His lethal injection is the 10th this year in Texas and the first of four scheduled for this month in the nation's most active death penalty state.

Green's lawyers argued that his hallucinations made him ineligible for the death penalty and said a state competency hearing for him two years ago was unfair.

That led to a reprieve from a federal district judge in Houston, but the Texas attorney general's office persuaded the 5th US Circuit Court of Appeals to overturn that ruling and lift the stay of execution late on Tuesday.

Green's lawyer, James Rytting, said his client hallucinated about the "ongoing spiritual warfare between two sets of voices representing good and evil".

The appeals court found the procedures at Green's competency hearing were not improper, that no Supreme Court precedents were violated and that it was reasonable to find Green competent for the death penalty.

Green told a psychiatrist who examined him before the competency hearing that he did not and could not have killed Christina, that false evidence was used against him and that he understood a murder conviction could result in him receiving an injection that would kill him.

Supreme Court guidance says mental illness cannot disqualify someone from execution if they understand the sentence and reasons for the punishment, the state lawyers argued.

Green declined to speak with reporters as his execution date neared.

Investigators questioned him at least twice in the days following Christina's disappearance 12 years ago.

His wallet was found in woods near clothing and jewellery that belonged to Christina, but authorities found nothing else of significance at the time.

A few weeks later, a tip from a neighbour about an unusually large burn pile behind his ramshackle home brought them back again.

While Green was co-operative in the past, he grew testy and ordered officers off his property when an FBI agent looking at the fire site detected the smell of a decaying body and inserted a metal probe into a patch of disturbed earth. They returned hours later with a search warrant and a dog trained to detect human remains.

The dog led officers to the girl's body, stuffed inside a laundry bag in the home and wedged into a corner behind a piece of furniture. Green said someone else had placed the body there and that he was being set up.

Evidence at his trial indicated he tried to burn the body, buried it in a shallow grave, then removed it when detectives left to obtain the search warrant. DNA from her remains tied him to the killing.

A carpet fibre from her clothing found in the woods was traced to a carpet in his home.

Two years ago, Green came within about four hours of execution before the Texas Court of Criminal Appeals stopped the punishment amid similar arguments that he was too delusional and too mentally ill to be put to death.