An Oklahoma judge has decided that a death row inmate cannot be executed because he has been found mentally unfit by psychologists hired by both his defense team and the state prosecutors.
Pittsburg County District Judge Tim Mills wrote on Thursday that both psychologists concluded Wade Greely Lay, aged 63, does not possess a “rational understanding” of why he is facing execution.
“Considering Mr. Lay’s current state of incompetence, the court has determined that Mr. Lay cannot undergo execution at this time,” Mills stated in an order signed by defense lawyers, state, and local prosecutors.
According to Oklahoma law, an inmate is considered mentally incompetent for execution if they are unable to comprehend why they are being executed or that their execution is imminent.
Wade Lay (Via Oklahoma Department of Corrections)
Attorney Callie Heller expressed relief at the ruling, stating, “Wade firmly believes that his execution is part of a broader government plot aimed at silencing him.”
Mills has directed Lay to receive mental health treatment to restore his sanity, although Heller believes this is unlikely to succeed.
“Due to the severity and duration of Mr. Lay’s mental illness and his recent deterioration, it’s improbable he will regain competency,” Heller added.
Lay, who represented himself during the trial, was convicted and sentenced to death for the fatal shooting of bank guard Kenneth Anderson during a 2004 robbery attempt at a Tulsa bank, which he committed with his then-19-year-old son, Christopher Lay.
