State Court Delays Execution

Monday, August 21st 2006, 3:07 pm
By: News On 6

OKLAHOMA CITY (AP) -- Tuesday's scheduled execution of a man who killed his 13-month-old daughter is being delayed so he can testify in the case of another death row inmate.

The state Court of Criminal Appeals reset the execution of James Patrick Malicoat to August 31st so he can testify in a case involving Gary Allen.

Allen's execution has been stayed pending a jury trial on whether he's competent to be put to death.

Malicoat's cell is directly above Allen's and Allen's attorney has interviewed Malicoat and says he has relevant and material information about Allen's claim of incompetence.

Malicoat was sentenced to die for the 1997 beating death of 13-month-old Tessa Leadford.