Court Denies Claremore Man's Sanity Challenge - - Tulsa, OK - News, Weather, Video and Sports - |


Court Denies Claremore Man's Sanity Challenge

Posted: Updated:
Benjamin Cole [Oklahoma Department of Corrections] Benjamin Cole [Oklahoma Department of Corrections]

The Oklahoma Court of Criminal Appeals has denied a death row inmate's request to halt his execution over claims that he is insane and challenges to the state's drug formula.

But Benjamin Cole, 50, of Claremore had his upcoming execution was stayed anyway Friday, as the court delayed all pending executions at the request of Attorney General Scott Pruitt following concerns about the wrong drug that was shipped for an execution this week.

10/2/2015 Related Story:Oklahoma Court Stops Three Pending Executions Over Lethal Drug Concerns

Cole's attorneys are pursuing a separate legal challenge, arguing his mental state has deteriorated while he's been on death row to the point that he is no longer sane enough to be executed.

Court ruling

Cole was sentenced to die for killing his 9-month-old daughter Brianna in 2002.

The Associated Press contributed to this report.

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