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Crime Oklahoma judge stays Jan. 6 execution for competency hearing

05:37  07 december  2021
05:37  07 december  2021 Source:   msn.com

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Wade Lay is set to be executed Jan . 6 for the slaying of a Tulsa, Okla., bank security guard in 2004. Photo courtesy Oklahoma Dept. of Corrections. 2 (UPI) -- Defense attorneys for an Oklahoma death row inmate scheduled to die next month are seeking to stay the execution , citing a state judge 's order for a mental health competency trial for Wade Lay. Lay, 60, is set to be executed by lethal injection on Jan .

Oklahoma has not carried out an execution since January 2015, more than six years ago. A lethal injection scheduled for later that year was called off after the wrong drug was delivered. The Oklahoma Court of Criminal Appeals in September set execution dates after the inmates were kicked out of a federal lawsuit over The federal judge plans to hear expert testimony at a trial next year about the sedative used at the start of the lethal injection procedure. Death row inmates complain in their lawsuit that administering that drug, midazolam, will cause "constitutionally intolerable pain and suffering."

OKLAHOMA CITY (AP) — A state court judge in Oklahoma granted a temporary stay of execution on Monday for a death row inmate convicted of killing a security guard during a 2004 bank robbery in Tulsa.

This undated booking photo provided by the Oklahoma Department of Corrections, shows death row inmate Wade Lay. On Monday, Dec. 6, 20212, a state court judge in Oklahoma granted a temporary stay of execution for Lay, convicted of killing a security guard during a 2004 bank robbery in Tulsa. (Oklahoma Department of Corrections via AP) © Provided by Associated Press This undated booking photo provided by the Oklahoma Department of Corrections, shows death row inmate Wade Lay. On Monday, Dec. 6, 20212, a state court judge in Oklahoma granted a temporary stay of execution for Lay, convicted of killing a security guard during a 2004 bank robbery in Tulsa. (Oklahoma Department of Corrections via AP)

Pittsburg County Associate District Judge Tim Mills issued the stay so that a competency hearing can be held for 60-year-old Wade Lay. Lay and his son, Christopher, were convicted in the shooting death of bank guard Kenneth Anderson, 36.

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OKLAHOMA CITY (KFOR) – An Oklahoma judge has denied a stay of execution for five death row inmates, including Julius Jones. Julius Jones, John Grant, Donald Grant, Wade Lay and Gilbert Postelle have filed for a preliminary injunction in relation to their executions . During today’s hearing , attorneys for the inmates asked the With a trial on that very question set to begin in February, executions should not go forward. We will ask the Tenth Circuit to review the district court’s decision and stay Mr. Grant’s scheduled execution on Thursday, as well as those that are set over the coming months.”

Christopher Lay received a life-without-parole sentence, while Wade Lay was sentenced to die.

Lay was scheduled to be executed on Jan. 6, but after a hearing before Mills last week, the judge determined there was “good reason” to believe Lay is not competent to be executed. Lay’s attorney Sarah Jernigan has said Lay has a decadeslong history of severe mental illness, including schizophrenia and delusions.

“Wade Lay believes he is being executed as part of a vast government conspiracy aimed at silencing him," Jernigan said in a statement. “The court correctly found sufficient concern about his competency to warrant a trial, and ensured that he will not be executed while incompetent by granting a stay until the trial can be conducted.”

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The state has put executions on hold since 2015 after killing Charles Warner with a three-drug cocktail. An autopsy report noted that the state botched the process by used the wrong drug to kill Warner, who was convicted of raping and killing a baby. There are currently 46 people on death row in the state, but the Oklahoma Court of Criminal Appeals set execution dates for seven inmates in September. Jones is among inmates on death row who have requested an Oklahoma City federal judge for a temporary stay in their executions . A hearing on the matter is scheduled for Tuesday.

STAYED 15 OH Kareem Jackson October None November None December None Executions Scheduled for 2023 Month State Prisoner January 12 OH Antonio Franklin… Stayed by U.S. Court of Appeals for the District of Columbia Circuit on January 11, 2021 pending “highly expedited initial hearing en banc of Montgomery’s appeal to resolve our circuit law on the important question of the meaning of ‘implementation of death in the manner prescribed by the law of the State in which the sentence is imposed,’ under the Federal.

Dr. Richart DeMier, a forensic psychologist who interviewed Lay in September, determined Lay lacks a rational understanding of the basis for his execution. DeMier reported that Lay's delusions center on the idea that there is a conspiracy among the courts and his attorneys to silence him so that his ideas about the U.S. Constitution and the government won't reach the public.

“In Mr. Lay’s mind, his knowledge coming to light would have an undeniably persuasive effect causing the existing order to topple, therefore, powerful and wealthy individuals, including judges, have good reason to ensure he is silenced and maintain the status quo favorable to them,” DeMier reported, according to a court brief.

A spokeswoman for Attorney General John O'Connor did not immediately respond to a request for comment on the stay. But attorneys for the state did not object to an order staying Lay's execution, according to court filings last week.

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The Oklahoma Attorney General ’s office has agreed to a stay of execution for a severely mentally ill death-row prisoner who may be incompetent to be… After hearing testimony on November 29, 2021 that Wade Lay experiences paranoid delusions from schizophrenia that leave him without a rational understanding of the reason for his January 6 , 2022 execution , Pittsburgh County District Court Associate District Judge Tim Mills found “good reason to believe’ that Lay is incompetent to be executed .

A federal judge granted Lisa Montgomery, the only woman on federal death row, a stay of execution pending a competency hearing -- just hours before she was scheduled to die. Judge James Hanlon of the US District Court for the Southern District of Indiana wrote in the order granting the stay , "Ms Montgomery's attorneys, family and supporters have pleaded with President Donald Trump to read their clemency petition and make an executive decision to commute her sentence to life without the possibility of parole. Montgomery was sentenced to death in 2008 by a Missouri jury for the 2004

In interviews with The Associated Press last month, Lay didn't deny his involvement in the killing and said he's a “rational person who has a good mind."

But he also said he believes his attorneys, prison workers and a federal judge are conspiring against him and that he suspects the state's executioners will try to intentionally torture him.

He also said he planned to use his opportunity to address the state's Pardon and Parole Board during his upcoming clemency hearing to detail to them and the public about the conspiracy against him. The hearing was set for Dec. 15 but is expected to be rescheduled.

“I’m not going quietly, because I’m not mentally ill," he said in a telephone interview.

Under Oklahoma law, a 12-person jury must decide if an inmate is competent to be executed, and the next Pittsburg County jury call is after Lay's scheduled Jan. 6 execution.

Mississippi Death Row Inmate Asks State to Execute Him After '25-Year Wait for Justice' .
"I ask to see that my execution should be carried out forthwith," said Grayson in a letter to the state Supreme Court justices filed Friday with the court. In August 1997, he was convicted of capital murder for stabbing 78-year-old Minnie Smith while burglarizing her home in George County in May 1996, The Associated Press reported. Grayson wrote in his letter that he would give up all his appeals."Sirs & Ma'ms I drop my appeals and thank the courts of our nation for doing its burdensome duty," Grayson wrote.

usr: 1
This is interesting!