The Oklahoma Pardon and Parole Board has denied clemency for a Claremore man sentenced to die for killing his 9-month-old daughter in 2002.
The five-member board voted 3-2 Thursday against recommending that Gov. Mary Fallin grant clemency for 50-year-old Benjamin Robert Cole.
Cole was convicted of first-degree murder and sentenced to die by a Rogers County jury for the death of his daughter, Brianna Cole. His execution is scheduled for Oct. 7.
Cole has not denied killing the child, but his attorneys maintain his mental and physical condition has significantly deteriorated since he has been in prison.
Cole's defense attorney, Susan Otto of the Federal Public Defender's Office, says Cole is mentally ill and urged the board the spare his life. Cole declined an opportunity to speak to board members.