An Oklahoma judge declared a death row convict unfit to face execution after mental evaluations concluded he did not have a "rational understanding" behind his sentencing .
Following evaluations by psychologists representing both the defense and state prosecutors Judge Tim Mills of Pittsburg County District, waived 63-year-old Wade Greely Lay’s death sentence . Judge Mills said in his verdict on Thursday: “Given Mr. Lay's present state of incompetence, the court finds that Mr. Lay may not be executed at this time.
Oklahoma statutes state an inmate is deemed incompetent for execution if they are unable to understand the rationale behind their impending execution. Callie Heller, Lay's defense attorney, expressed relief at the ruling.
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“Wade firmly believes that his execution is part of a wide ranging government conspiracy aimed at silencing him," Heller said . Judge Mills directed Lay to undergo psychological interventions in a bid to improve his mental health, but his lawyer did not think rehabilitation was possible.
"Given the duration and severity of Mr. Lay’s mental illness and his deterioration in recent years, he is unlikely to become competent in the future," she said. Lay, who represented himself during trial proceedings, received a conviction and death sentence for the May 2004 fatal shooting of bank guard Kenneth Anderson during an attempted robbery of a Tulsa bank, in collaboration with his then-19-year-old son.
His son, Christopher Lay, received a life sentence without the possibility of parole for his involvement in the attempted robbery. Phil Bacharach, spokesperson for Attorney General Gentner Drummond, expects the Oklahoma Court of Criminal Appeals to issue an official stay of execution soon.
Bacharach said: “The attorney general is disappointed by the delay, as the family of Kenneth Anderson has waited 20 years for justice to be delivered." Adding: "In the meantime, the inmate will receive the treatment necessary so that he can eventually be reevaluated and hopefully deemed competent to pay for his crime.”
Thursday's ruling marks the second instance this year wherein an Oklahoma death row inmate has been deemed mentally incompetent for execution. In March, another adjudicator ruled against the execution of 61-year-old James Ryder for his involvement in the 1999 homicides of a mother and her adult son.
An Oklahoma judge ruled that Ryder was not competent to be executed for his role in the 1999 slayings of a mother and son. Pittsburg County Judge Michael Hogan issued an order in the case involving 61-year-old James Ryder in that county.
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“The court could go on ad nauseum discussing the irrational thought processes of Mr. Ryder, but this is not needed,” Hogan wrote in his order. “To be clear, the court finds by a preponderance of the evidence, Mr. Ryder is not competent to be executed” under state law.
Hogan’s decision followed a competency hearing in which two experts for Ryder’s defense testified that he suffers from a psychotic disorder diagnosed as schizophrenia.
“James has suffered from schizophrenia for nearly 40 years and has little connection to objective reality,” Ryder’s attorney, Emma Rolls, said. “His condition has deteriorated significantly over the years and will only continue to worsen.
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