Oklahoma inmate unfit for execution

OKLAHOMA CITY — An Oklahoma judge has ruled that a death row inmate is incompetent to be executed after the prisoner received mental evaluations by psychologists for defense attorneys and state prosecutors.

Pittsburg County District Judge Tim Mills wrote Thursday that both psychologists found that Wade Lay, 63, lacks a “rational understanding” of why he is to be executed.

“Given Mr. Lay’s present state of incompetence, the court finds that Mr. Lay may not be executed at this time,” Mills wrote in an order signed by defense attorneys, and state and local prosecutors.

Under Oklahoma law, inmates are mentally incompetent to be executed if they are unable to have a rational understanding of the reason they are being executed.

Mills ordered that Lay undergo mental health treatment in an effort to restore his sanity, which defense attorney Callie Heller said is unlikely.

Lay was sentenced to death for the May 2004 shooting death of guard when he and his then-19-year-old son attempted to rob a Tulsa bank.

The Oklahoma Court of Criminal Appeals is expected to issue a formal stay of the execution within days, according to Phil Bacharach, spokesperson for Attorney General Gentner Drummond.

“The inmate will receive the treatment necessary so that he can eventually be reevaluated and hopefully deemed competent to pay for his crime,” Bacharach said.