James Colburn was diagnosed as a paranoid schizophrenic while a teenager, but received only sporadic treatment for his condition. He spent time in various mental institutions and attempted suicide at least fifteen times. Symptoms of his illness included auditory and visual hallucinations that told him to harm himself and those around him. He reportedly was commanded by these hallucinations to attack his victim, Peggy Murphy. After he realized what he had done, he called the police and immediately confessed. A court appointed psychologist confirmed his mental illness in 1995. In prison, he continues to suffer from delusions and hallucinations.

In a letter to the Texas Board of Pardons and Paroles, Human Rights Watch also said that there are serious questions about Mr. Colburn's competence during the trial. He reportedly slept through most of his trial after being given powerful anti-psychotic drugs. The U.S. Supreme Court first granted him a stay in November 2002, but then rejected his appeal regarding his competency to stand trial in January of this year.

U.N. safeguards issued in 1984 prohibit death sentences for mentally ill persons. In 2002, as in preceding years, the U.N. Commission on Human Rights adopted a resolution that called upon states not to impose the death penalty on "a person suffering from any form of mental disorder."

Human Rights Watch opposes capital punishment in all circumstances. The death penalty is a form of punishment unique in its cruelty and is carried out in an arbitrary manner, inflicted primarily on the most vulnerable - the poor, the mentally ill, and persons of color. Because of the intrinsic fallibility of the criminal justice system, even when full due process of law is respected, innocent persons may be executed.