By Naya Wiezel and Britney Cao
OKLAHOMA CITY, OK – Benjamin Cole, a death row inmate set to be executed on Oct. 20, has asked through his attorneys the US Supreme Court to stay his execution date, ahead of competency proceedings.
Cole’s team is asking the court for a chance to determine whether or not Oklahoma’s procedure for determining an inmate’s competency pre-execution violates the Eighth Amendment. Under the Eighth Amendment, a person is protected from execution when they lack any rational understanding of why the State seeks to execute them.
A substantial amount of evidence has been brought forth by Cole’s team, bringing Cole’s competency into question, said the defense, noting expert opinions that determined Cole suffers from severe mental illness, such as paranoid schizophrenia and brain damage.
Emma Rolls, one of Cole’s attorneys, stated, “The state courts’ acknowledgment that experts have reached conflicting opinions about Ben Cole’s competency should have been all they needed to order a full competency hearing.This is particularly true given the implausibility of Dr. Orth’s claim to have had a lengthy conversation with Mr. Cole, which conflicts with the reports of prison staff, medical personnel, and others who have been unable to have any meaningful interaction with Mr. Cole for years.”
Experts said Cole’s condition is so severe that he cannot move without a wheelchair, cannot maintain his own basic hygiene, and rarely ever communicates with anyone.
Defense lawyers argue if Cole were to be executed under these conditions, it would be in violation of both the U.S. Constitution and Oklahoma law, which ban the execution of mentally incompetent individuals.
Under Oklahoma law, it is the responsibility of the Oklahoma State Penitentiary to begin these proceedings, if it has any doubt in their mind about the competency of a prisoner.
The Warden of the Oklahoma State Penitentiary, Jim Farris, refused to initiate competency proceedings, solely relying on the doubtful report by a State-hired doctor, said the defense.
This doctor claimed to have had an engaging conversation with Cole in July of this year, yet no one in the prison, medical field, or on his team of attorneys has been able to communicate with him efficiently for many years, said the defense petition.
And, the defense team said Warden Farris completely disregarded the highly credible report of Dr. George Hough, who illustrated extensive evidence of Cole’s deteriorating condition and mental health.
Despite the conflicting reports of both the state doctor and Dr. Hough, a district court in Pittsburgh County ruled Cole was competent on Oct. 4. Following this decision, Cole’s team filed an appeal to the Oklahoma Court of Criminal Appeals, to hopefully compel the warden to initiate competency proceedings.
Attorney Rolls concluded, “No execution should proceed until a court has heard expert testimony and carefully considered all the evidence of Ben Cole’s mental state to determine whether or not he is competent to execute.”
This article is at least a day late, an execution short. [if it was a call to action]
Benjamin Cole died ~10:30 A today (CDT)…