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Oklahoma to execute man for 2002 killing of infant daughter

Oklahoma is preparing to execute a man for killing his 9-month-old daughter in 2002

By SEAN MURPHY
Published - Oct 20, 2022, 01:16 AM ET
Last Updated - Jun 24, 2023, 02:09 AM EDT

McALESTER, Okla. (AP) — A 57-year-old Oklahoma man is scheduled to receive a lethal injection on Thursday for killing his 9-month-old daughter in 2002, despite claims by his attorneys that he is mentally ill and not competent to be executed.

Attorneys for Benjamin Cole do not dispute that he killed Brianna Cole by forcibly bending the infant backward, breaking her spine and tearing her aorta, but argue that he is both severely mentally ill and that he has a growing lesion on his brain that has continued to worsen while he has been in prison.

Cole has refused medical attention and ignored his personal hygiene, hoarding food and living in a darkened cell with little to no communication with staff or fellow prisoners, his attorneys told the state’s Pardon and Parole Board last month during a clemency hearing.

“His condition has continued to decline over the course of this year,” Cole’s attorney Katrina Conrad-Legler said.

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