Benjamin Cole was put to death Thursday at Oklahoma’s state penitentiary in McAlester. He was the sixth Oklahoma inmate to be executed since the state resumed carrying them out in October 2021.
Attorneys for Cole did not dispute that he killed 9-month-old Brianna Cole by forcibly bending her backward, breaking her spine and tearing her aorta. But they argued that Cole was severely mentally ill and that he had a growing lesion on his brain that had worsened in recent years.
The panel voted 4-1 to deny clemency, and a district judge earlier this month determined Cole was competent to be executed. Two last-minute appeals filed with the U.S. Supreme Court seeking to halt his execution were rejected, one on Wednesday and another Thursday morning. Cole had a lesion on his brain, which was separate from his diagnosis of paranoid schizophrenia, that had grown in size in recent years and affected the part of his brain that deal with problem solving, movement and social interaction, Conrad-Legler said.
“He is not severely mentally ill,” said another prosecutor, Assistant Attorney General Ashley Willis. “There is nothing in the constitution or jurisprudence that prevents his execution.”Sign up for our newsletter to get breaking news and daily digests sent to your email.Prosecutors noted that the infant had numerous injuries consistent with a history of abuse and that Cole had previously served time in prison in California for abusing another child.
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