Oklahoma death row inmate who killed a bank guard is incompetent for execution, judge says

An Oklahoma justice has recovered that 63-year-old decease enactment inmate Wade Greely Lay is incompetent to beryllium executed

OKLAHOMA CITY -- An Oklahoma justice has ruled that a decease enactment inmate is incompetent to beryllium executed aft the captive received intelligence evaluations by psychologists for some defence attorneys and authorities prosecutors.

Pittsburg County District Judge Tim Mills wrote Thursday that some psychologists recovered that Wade Greely Lay, 63, lacks a “rational understanding” of wherefore helium is to beryllium executed.

“Given Mr. Lay's contiguous authorities of incompetence, the tribunal finds that Mr. Lay whitethorn not beryllium executed astatine this time,” Mills wrote successful an bid signed by defence attorneys and authorities and section prosecutors.

Under Oklahoma law, an inmate is mentally incompetent to beryllium executed if they are incapable to person a rational knowing of the crushed they are being executed oregon that their execution is imminent.

Defense lawyer Callie Heller said the ruling is simply a relief.

“Wade firmly believes that his execution is portion of a wide-ranging authorities conspiracy aimed astatine silencing him,” Heller said successful a statement.

Mills ordered that Lay acquisition intelligence wellness attraction successful an effort to reconstruct his sanity, which Heller said is unlikely.

"Given the duration and severity of Mr. Lay’s intelligence unwellness and his deterioration successful caller years, helium is improbable to go competent successful the future,” according to Heller.

Heller said prosecutors are expected to question a ceremonial enactment of the execution.

A spokesperson for Attorney General Gentner Drummond did not instantly instrumentality telephone calls for comment.

Lay, who represented himself astatine trial, was convicted and sentenced to decease for the May 2004 shooting decease of a slope defender erstwhile helium and his then-19-year-old lad attempted to rob a Tulsa bank.

His son, Christopher Lay, was sentenced to beingness without parole for his relation successful the attempted robbery.

Thursday's ruling is the 2nd clip this twelvemonth a tribunal has recovered an Oklahoma decease enactment mentally inmate incompetent to beryllium executed.

In March, a abstracted justice ruled the authorities could not execute 61-year-old James Ryder for his relation successful the 1999 slayings of a parent and her big son.

In April, Oklahoma executed Michael Dewayne Smith for the 2002 shooting deaths of 2 women.

Smith was the archetypal idiosyncratic executed successful Oklahoma this twelvemonth and the 12th enactment to decease since the authorities resumed executions successful 2021 pursuing a astir seven-year hiatus resulting from problems with executions successful 2014 and 2015.

Drummond, the authorities lawyer general, has asked the Oklahoma Court of Criminal Appeals to acceptable execution dates for 5 further condemned inmates starting 90 days aft Lay's planned execution.