Next death row inmate set to be executed in Oklahoma files for clemency
By Andy Weber
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OKLAHOMA CITY, Oklahoma (KOCO) — The next death row inmate who is set to be executed in Oklahoma has filed for clemency.
Benjamin Cole, who is scheduled to be put to death at the end of October, was convicted of killing his infant daughter in 2002.
In their clemency filing, Cole’s attorneys said their client suffers from severe mental illness and that he has no rational understanding of why the state is executing him. They do not deny he killed his child.
They said Cole has paranoid schizophrenia and brain damage. Attorney Tim Hird wrote that Cole’s mental health has deteriorated dramatically over his years in solitary confinement, and he is now so physically compromised that he can barely move.
A five-member Pardon and Parole Board will determine next week if that argument is strong enough for them to recommend clemency Andrea Miller with the Oklahoma Innocence Project explained even if the board votes for clemency, the final decision belongs to Gov. Kevin Stitt.
“Because the end of the day, clemency is an act of mercy, and ultimately it’s up to the governor, not a board, hearing the actual clemency hearing to determine if he or she wants to exercise that mercy in any particular case,” said Andrea Miller, Oklahoma Innocence Project.
On top of his clemency hearing, Cole also has a hearing before a judge at the end of the month. The judge will decide if a jury trial should be held to determine mental capacity.
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