Attorneys file clemency petition for Oklahoma death row inmate

Sep. 19—Attorneys for an Oklahoma demise row inmate filed a clemency petition whereas a competency case continues.

Benjamin Cole, 59, was sentenced to demise within the 2002 killing of his 9-month-old daughter in Rogers County and is scheduled to be executed Oct. 20.

Public defenders await a Pittsburg County choose’s order Sept. 30 on whether or not to set a competency trial — however a clemency listening to can also be set for 9 a.m. Sept. 27.

Cole was taking part in a online game in December 2002 when his toddler daughter began crying earlier than he paused the sport, pulled her ft backward to the purpose of breaking her backbone, then began his recreation once more, in accordance with courtroom data.

Case information state the kid turned blue and foamed on the mouth, main her mom to ask what was unsuitable and Cole denying any drawback. The kid died on the hospital.

Attorneys request the board and Gov. Kevin Stitt grant Cole clemency — with courtroom filings exhibiting many related competency challenges introduced in Cole’s case in 2015 earlier than Oklahoma’s moratorium on executions.

Oklahoma’s parole board beforehand voted 3-2 to disclaim him clemency in August 2015 after attorneys and a physician described Cole’s psychological state as declining and saying he may barely talk.

Court docket data present Cole would crawl on the ground and refuse to speak with attorneys or medical doctors throughout visits. An assistant legal professional common argued these have been selections Cole made and never an indication of madness.

Prosecutors argued the warden and employees members at OSP acknowledged Cole acknowledged his execution date and signed paperwork.

Cole declined to seem for the 2015 clemency listening to — however he appeared in a competency listening to later that month and answered few questions. Cole advised a choose he was being executed to “Go residence to be with Jesus,” in accordance with experiences on the time, earlier than a jury discovered him competent to proceed.

Attorneys keep Cole shouldn’t be a menace to anybody if his sentence have been commuted to life in jail with out parole — describing him as a frail man “with a broken and deteriorating mind, affected by progressive and extreme psychological sickness who poses no menace to anybody in any method.”

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An evidentiary listening to is about for 9 a.m. Sept. 30 within the competency case with petitioners to name two witnesses: Cole and OSP Warden Jim Farris. Hogan ordered different witnesses to be submitted by experiences.

His attorneys describe Cole’s psychological capability to seek the advice of together with his counsel and take part in his protection as “nonexistent and challenged for the reason that inception of this case.” They wrote Cole exhibited indifferent and incongruent habits, an MRI confirmed a lesion on his mind, medical doctors identified him with schizophrenia, and extra.

A clemency listening to for Cole earlier than the state’s parole board is about for 9 a.m. Sept. 27.

Oklahoma regulation requires clemency hearings for demise row inmates to be scheduled 21 calendar days earlier than the scheduled execution date.

Every inmate is allowed 20 minutes to talk to the board. The victims’ households additionally obtain 20 minutes to talk.

Prosecutors and protection attorneys then every get 40 minutes to deal with the board with the choice to order time for rebuttals.

Board members will then vote. If the board votes in favor of clemency, the choice will go to Gov. Kevin Stitt, who can then both settle for or deny the choice made by the board.

Contact Adrian O’Hanlon III at aohanlon@mcalesternews.com