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Ladybbird · 08-10-22, 02:01

Man Who Killed Daughter to be Executed Despite Not Knowing He is Being Put to Death

Benjamin Cole, who killed his daughter by breaking her spine to stop her crying, is scheduled to be executed later this month. His lawyers argue he is mentally unfit and have issued another appeal

Daily Mirror UK 8 OCT 2022

The clock is ticking closer to the execution date for a jailed killer on death row despite his lawyers arguing he may not know he is being put to death.

Execution chamber Questions remain over Oklahoma's execution process

Brianna Cole suffered catastrophic injuries

Lawyers for convicted killer Benjamin Cole, 57, in Oklahoma criticised the decision by a judge to not award Cole a competency hearing that would have allowed a jury to decide if he was fit to be executed.

They argue he is suffering from schizophrenia, likely caused by an identified brain lesion and other factors such as extreme abuse as a child.

Attorney Tom Hird said Cole "simply does not have a rational understanding of why Oklahoma seeks to execute him".

He is due to be executed on October 20, but a Supreme Court ruling states this cannot take place if a convicted person has become mentally ill.

Attorney Tom Hird said his client "simply does not have a rational understanding of why Oklahoma seeks to execute him"

Hird said: "Benjamin Cole is incapacitated by his mental illness to the point of being essentially non-functional.

"His own attorneys have not been able to have a meaningful interaction with him for years, and the staff who interact with him in the prison every day confirm that he cannot communicate or take care of his most basic hygiene."

The state, meanwhile, argues that Cole merely has a personality disorder and is manipulative.

Pittsburg County District Judge Mike Hogan disagreed with the arguments of Cole's lawyers and drew on analysis by a psychologist at the Oklahoma Forensic Centre, who said they believed Cole would be able to understand he is being executed.

Cole is known to crawl around in his cell, is suffering from physical ailments and has been "pulling out his own teeth and mailing them to his mother and his legal team".

The appeal for clemency was knocked down by the Oklahoma Pardon and Parole Board by four votes to one last week and after the competency trial was denied, the team has said they will be appealing the judge's decision.

Hird added: "The warden’s refusal to initiate competency proceedings is an abuse of his discretion, and we will promptly appeal."

During the examination cited by Judge Hogan, Cole is reported to have said: "Are you asking if I see little green men running around on the floor that beam up in a spaceship to Venus and look for the purple monsters?

"No, I do not see things. I never have."

Warden Jim Farris also believes Cole to be fit to be executed and cited the same report.

What is not up for dispute is the brutality of Cole's crime. He murdered his daughter in 2002 when she started crying and he grabbed her legs, forcing her body to be bent back.

Just nine months old at the time, Brianna Cole died when her spine was snapped in half and the injury tore her aorta. Cole then went back to playing a video game.

At the clemency hearing, Brianna's uncle said he "can't fathom" what Cole did to his daughter.

Cole went back to playing video games when he murdered his child

Dr Bryan Young said: "I can't fathom how any human could do what this man did to this baby. How could any human do that to a baby? The mind boggles me. That's why I am encouraging you guys to deny him clemency."

Further concerns lie in the context of death penalty cases across the US and in Oklahoma in particular.

Oklahoma recently committed to executing a 'man a month', but has faced repeated criticisms for botched executions, the drugs it uses for lethal injection and a lack of transparency when executions are conducted.

Cole, for example, was due to be executed in 2015 but it was called off due to a mix-up involving the drugs.

Oklahoma parole board
The parole board decided four to one against clemency

Oklahoma was forced to halt executions in 2014 after a grim episode during the death of murderer Clayton Lockett.

Lockett was left writhing in pain for 43 minutes after he was injected with the drug midazolam.

After repeated attempts to find a vein, the paramedic administered the help of a doctor - this posed further questions over ethics - and connected the intravenous (IV) drip into his groin.

The execution was eventually called off, but Lockett, whose accomplice buried their victim alive in a shallow grave, died anyway.

Lawyers are not allowed in the room with their client as an IV drip is placed, so they are unaware if the correct drugs have been used or if there was a problem placing the IV.

They do not see their client again until they appear in the execution chamber.

Questions also remain over the type of drug use; the sedative midazolam. Its critics say it is unconstitutional and may leave a prisoner in severe pain while they appear to be at peace.

A judge upheld a previous ruling in June this year that said the eighth amendment "does not guarantee a prisoner a painless death".

Cole is due to be executed on October 20

08-10-22, 02:01	#1
Ladybbird Join Date: Feb 2011 Posts: 47,569 Thanks: 27,629 Thanked 14,458 Times in 10,262 Posts Awards Showcase Total Awards: 8	Mentally Unfit Killer Doesnt Know He;s Being Put to Death Man Who Killed Daughter to be Executed Despite Not Knowing He is Being Put to Death Benjamin Cole, who killed his daughter by breaking her spine to stop her crying, is scheduled to be executed later this month. His lawyers argue he is mentally unfit and have issued another appeal Daily Mirror UK 8 OCT 2022 The clock is ticking closer to the execution date for a jailed killer on death row despite his lawyers arguing he may not know he is being put to death. Execution chamber Questions remain over Oklahoma's execution process Brianna Cole suffered catastrophic injuries Lawyers for convicted killer Benjamin Cole, 57, in Oklahoma criticised the decision by a judge to not award Cole a competency hearing that would have allowed a jury to decide if he was fit to be executed. They argue he is suffering from schizophrenia, likely caused by an identified brain lesion and other factors such as extreme abuse as a child. Attorney Tom Hird said Cole "simply does not have a rational understanding of why Oklahoma seeks to execute him". He is due to be executed on October 20, but a Supreme Court ruling states this cannot take place if a convicted person has become mentally ill. Attorney Tom Hird said his client "simply does not have a rational understanding of why Oklahoma seeks to execute him" Hird said: "Benjamin Cole is incapacitated by his mental illness to the point of being essentially non-functional. "His own attorneys have not been able to have a meaningful interaction with him for years, and the staff who interact with him in the prison every day confirm that he cannot communicate or take care of his most basic hygiene." The state, meanwhile, argues that Cole merely has a personality disorder and is manipulative. Pittsburg County District Judge Mike Hogan disagreed with the arguments of Cole's lawyers and drew on analysis by a psychologist at the Oklahoma Forensic Centre, who said they believed Cole would be able to understand he is being executed. Cole is known to crawl around in his cell, is suffering from physical ailments and has been "pulling out his own teeth and mailing them to his mother and his legal team". The appeal for clemency was knocked down by the Oklahoma Pardon and Parole Board by four votes to one last week and after the competency trial was denied, the team has said they will be appealing the judge's decision. Hird added: "The warden’s refusal to initiate competency proceedings is an abuse of his discretion, and we will promptly appeal." During the examination cited by Judge Hogan, Cole is reported to have said: "Are you asking if I see little green men running around on the floor that beam up in a spaceship to Venus and look for the purple monsters? "No, I do not see things. I never have." Warden Jim Farris also believes Cole to be fit to be executed and cited the same report. What is not up for dispute is the brutality of Cole's crime. He murdered his daughter in 2002 when she started crying and he grabbed her legs, forcing her body to be bent back. Just nine months old at the time, Brianna Cole died when her spine was snapped in half and the injury tore her aorta. Cole then went back to playing a video game. At the clemency hearing, Brianna's uncle said he "can't fathom" what Cole did to his daughter. Cole went back to playing video games when he murdered his child Dr Bryan Young said: "I can't fathom how any human could do what this man did to this baby. How could any human do that to a baby? The mind boggles me. That's why I am encouraging you guys to deny him clemency." Further concerns lie in the context of death penalty cases across the US and in Oklahoma in particular. Oklahoma recently committed to executing a 'man a month', but has faced repeated criticisms for botched executions, the drugs it uses for lethal injection and a lack of transparency when executions are conducted. Cole, for example, was due to be executed in 2015 but it was called off due to a mix-up involving the drugs. Oklahoma parole board The parole board decided four to one against clemency Oklahoma was forced to halt executions in 2014 after a grim episode during the death of murderer Clayton Lockett. Lockett was left writhing in pain for 43 minutes after he was injected with the drug midazolam. After repeated attempts to find a vein, the paramedic administered the help of a doctor - this posed further questions over ethics - and connected the intravenous (IV) drip into his groin. The execution was eventually called off, but Lockett, whose accomplice buried their victim alive in a shallow grave, died anyway. Lawyers are not allowed in the room with their client as an IV drip is placed, so they are unaware if the correct drugs have been used or if there was a problem placing the IV. They do not see their client again until they appear in the execution chamber. Questions also remain over the type of drug use; the sedative midazolam. Its critics say it is unconstitutional and may leave a prisoner in severe pain while they appear to be at peace. A judge upheld a previous ruling in June this year that said the eighth amendment "does not guarantee a prisoner a painless death". Cole is due to be executed on October 20 __________________ PUTIN TRUMP & Netanyahu Will Meet in HELL ..................*SHARKS are Closing in on TRUMP*.......................... *TRUMP WARNS; 'There'll Be a Bloodbath* If I Don't Get Elected'..MAGA - MyAssGotArrested...IT's COMING** PLEASE HELP THIS SITE..Click DONATE & Thanks to ALL Members of ... 1.. 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