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Thread: Wade Greely Lay - Oklahoma Execution - June 6, 2024

  1. #11
    Administrator Aaron's Avatar
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    Judge denies stay of execution request for group of Oklahoma death row inmates

    OKLAHOMA CITY — A U.S. district judge denied a stay of execution for a group of Oklahoma death row inmates after their lawyers requested that their executions be delayed.

    U.S. District Judge Stephen Friot heard arguments Monday about whether to delay the executions of five Oklahoma death row inmates – Julius Jones, Donald Grant, John Grant, Gilbert Postelle and Wade Lay. Friot denied the request, meaning the state can move forward with executing them.

    The death row inmates' lawyers told KOCO 5 that they plan to file an emergency appeal Monday afternoon with the 10th Circuit Court of Appeals. If the 10th Circuit rules against them, they will appeal to the U.S. Supreme Court.

    If no appeal is successful, Oklahoma will proceed with its first execution since 2015 on Thursday. John Grant, whom the Oklahoma Pardon and Parole Board denied clemency for in early October, will be put to death for the killing of an Oklahoma detention center officer.

    John Grant has been on death row since 1998.

    Jones has a clemency hearing on Tuesday after members of the Pardon and Parole Board recommended in September to commute his sentence. He was sentenced to death for the 1999 killing of Edmond businessman Paul Howell.

    Gov. Kevin Stitt said he will not make a final decision on Jones' case until after the clemency hearing.

    Jones' execution date is set for Nov. 18.

    https://www.koco.com/article/judge-d...mates/38057946
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  2. #12
    Moderator Bobsicles's Avatar
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    Stay of execution denied by the 10th Circuit.

    https://law.justia.com/cases/federal...021-11-12.html
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  3. #13
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    Federal Appeals Court denies appeal to Oklahoma death row prisoners

    TULSA, Oklahoma - A federal appeals court ruled against Julius Jones and three other Oklahoma death row inmates who wanted their executions put on hold.

    The 10th U.S. Circuit Court of Appeals in Denver ruled against Julius Jones, Donald Grant, Gilbert Postelle and Wade Lay.

    Their attorneys wanted their executions stayed until a ruling was made in a lawsuit questioning whether Oklahoma's lethal injection protocol is constitutional.

    https://www.newson6.com/story/6191d2...-row-prisoners
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  4. #14
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    State agrees to stay for delusional Wade Lay even as it pushes for executions of other mentally fragile people

    By Elizabeth Caldwell
    Public Radio Tulsa

    Oklahoma has agreed to stay the Jan. 6 execution of Wade Lay.

    In court filings from Thursday, Attorney General John O’Connor’s office said there are “unique considerations and constraints at issue” in Lay’s case.

    A jury must be convened to judge whether or not Lay is capable of standing trial. The jury can’t be convened until Jan. 18. Since that date is after the scheduled execution, the state has agreed to postpone.

    Wade Lay and his son Christopher Lay were involved in a gun fight at MidFirst Bank in Tulsa in 2004. Security guard Kenneth Anderson was shot and killed during the attempted robbery.

    Lay testified at his 2005 trial that he tried to rob the bank because he was determined to avenge the deaths of those killed in the 1993 Waco, Texas crisis involving the religious sect Branch Davidians.

    "I wanted to spark a revolution. That is the truth,” Lay testified. "I've stood in the face of tyranny. I will continue to do so."

    Lay’s attorney, federal public defender Sarah Jernigan, said there is a lot of other evidence for Lay’s mental illness.

    “Mr. Lay’s delusions are well-known and have been apparent to everyone who interacts with him for decades, so the state’s failure to initiate competency proceedings until now is inexplicable.,” said Jernigan in a press release Thursday.

    A doctor for Jernigan, Dr. Richart DeMier, examined him in Sep. 2021 and wrote that Lay’s “persecutory delusions center around false beliefs that there is a conspiracy among courts and possibly his attorneys to use his execution to silence him so that his explanations about the U.S. Constitution and the proper form of U.S. government do not come to light.”

    Lay was allowed to represent himself at his trial by Judge Tom Gillert, a move that shocked his appointed public defender Sid Conway.

    In a declaration to the court, Conway described how Lay believes in a “tyrannical shadow government.”

    “He expressed to me the belief that Satan, disguised as an alien, had contacted the governmental powerbrokers,” wrote Conway.

    At least two other prisoners set to be executed by Oklahoma have claims to mental illness and learning disabilities.

    Donald Grant, scheduled to die on Jan. 27, was diagnosed as schizophrenic by the state’s own expert. He murdered two women at a Del City hotel in 2001, but didn’t stand trial until 2005 due to being mentally unstable.

    Gilbert Postelle, scheduled for execution Feb. 17, has an IQ in the 70’s.

    https://www.publicradiotulsa.org/202...ople?_amp=true
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  5. #15
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    Last edited by Bobsicles; 12-07-2021 at 05:27 PM.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  6. #16
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    Execution date removed for Oklahoma inmate Wade Lay

    By Ryan Love
    kjrh.com

    TULSA, Okla. — The Oklahoma Department of Corrections removed the execution date for death row inmate Wade Lay on Tuesday.

    Lay's execution had been scheduled for Jan. 6.

    He is sentenced to death for the 2004 shooting death of security guard Kenneth Anderson during an attempted bank robbery in Tulsa.

    A judge granted a stay for Lay's execution on Dec. 6 after determining the need for a jury to decide if Lay is competent to be executed.

    The removal of the set date canceled the 35-day observation process for Lay that death row inmates go through prior to their executions.

    When a new date is set, that observation process would restart.

    https://www.kjrh.com/news/local-news...nmate-wade-lay
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  7. #17
    Senior Member CnCP Legend Mike's Avatar
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    Competency trial for death row inmate on hold

    By Derrick James
    The McAlester News-Capital

    An Oklahoma death row inmate’s competency trial has been delayed after the attorney general asked appellate judges to overturn an order to hold it before the execution.

    Oklahoma originally scheduled the lethal injection of death row inmate Wade Lay for Jan. 6 — which would have been America’s first execution in 2022 — before District 18 Associate Judge Tim Mills granted a stay in December to allow for a competency trial.

    Lay’s competency trial will not be on the January trial docket in Pittsburg County District Court after the Oklahoma Attorney General’s Office filed a writ of prohibition in the case asking the Oklahoma Court of Criminal Appeals to prohibit Mills’ order because he “abused his discretion.”

    “Ultimately, respondent (Mills) granted the writ based on personal notions of ‘due process’ that are untethered to any legal authority,” wrote Jennifer Crabb with the AG’s office.

    Crabb also wrote in the motion that Lay did not overcome the presumption of his competence with “evidence sufficient to make a substantial threshold showing” during a November hearing in Mills’ courtroom.

    “A costly jury trial will be held in spite of the fact that Mr. Lay has not made a substantial threshold showing of incompetence, and should petitioner lose at that trial, the state will have no recourse,” the motion states. “Years of work by attorneys and judges will be undone. Worse, the family of Kenneth Anderson, the bank security guard who heroically gave his life when Mr. Lay attempted to commit armed robbery, may never receive the justice they have been waiting for.”

    Court records show OCCA gave Mills 30 days from Jan. 6 to respond to the motion.

    Lay, who was convicted in the 2004 shooting death of Tulsa-area bank security guard Kenneth Anderson, was scheduled for lethal injection Jan. 6 at Oklahoma State Penitentiary in McAlester.

    Mills ruled in December that he found “good reason to believe” Lay was not competent to be executed and granted an execution stay.

    He wrote in his December order “it is unavoidable that a jury cannot be empaneled to consider Mr. Lay’s competency claim before his December 15, 2021 clemency hearing and January 6, 2022 execution date.”

    The judge wrote that OSP Warden Jim Farris “abused his discretion in failing to call such fact to the attention of the District Attorney of Pittsburg County” and ordered the warden to commence the process.

    Oklahoma law states that if a warden has good reason to believe that a defendant sentenced to death “has become insane” then the warden must inform the district attorney where the inmate is situated and ask that the sanity of the inmate be examined with the court “at once” calling and impaneling a jury of 12 people.

    Lay’s attorneys argued a doctor concluded in September 2021 he “is not competent for execution.” The AG’s Office has argued that Lay “is a domestic terrorist” and murdered Anderson “as part of an effort to obtain funds to avenge the government’s actions at the Branch Davidian compound in Waco, Texas, and at Ruby Ridge (in Idaho).”

    The AG’s office also stated Lay was found competent to stand trial by the Oklahoma Court of Criminal Appeals with the decision affirmed by the U.S. District Court for the Northern District of Oklahoma and the 10th Circuit Court of Appeals.

    https://www.washtimesherald.com/cnhi...e3054ebd5.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  8. #18
    Moderator Bobsicles's Avatar
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    First cert petition distributed for conference February 18, 2022.

    https://www.supremecourt.gov/search....c/21-6549.html

    Second cert petition also distributed for conference February 18, 2022.

    https://www.supremecourt.gov/search....c/21-6550.html
    Last edited by Bobsicles; 01-21-2022 at 12:55 AM.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  9. #19
    Senior Member CnCP Legend Mastro Titta's Avatar
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    In today's orders, the United States Supreme Court DENIED both of Wade's petitions for certiorari.

    No. 21-6549)
    Docketed: December 7, 2021
    Lower Ct: Court of Criminal Appeals of Oklahoma
    Case Numbers: (MA-2021-497)
    Decision Date: June 9, 2021

    No. 21-6550)
    Docketed: December 7, 2021
    Lower Ct: United States Court of Appeals for the Tenth Circuit
    Case Numbers: (21-6101)
    Decision Date: October 15, 2021

    https://www.supremecourt.gov/orders/...22zor_bq7d.pdf

  10. #20
    Senior Member CnCP Legend Mike's Avatar
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    Appeals Court orders competency hearing for Oklahoma death row inmate

    By Derrick James
    The Norman Transcript

    The Oklahoma Court of Criminal Appeals ruled Friday in favor of a southeastern Oklahoma judge who ordered an execution stay of an Oklahoma inmate in order for a competency trial to be held.

    Attorneys for the Oklahoma Attorney General’s Office argued for the Appeals Court to prohibit an order issued by District 18 Associate District Judge Tim Mills contending the judge “abused his discretion” when staying the execution of death row inmate Wade Lay in order for a competency trial to be held.

    Lay, who was convicted in the 2004 shooting death of Tulsa-area bank security guard Kenneth Anderson, was originally scheduled to be America’s first execution of 2022 on Jan. 6 at the Oklahoma State Penitentiary in McAlester.

    OCCA ruled Friday that the disagreement with Mills’ assessment by Oklahoma State Penitentiary Warden Jim Farris “does not make the exercise of that power unauthorized by law.”

    Mills ruled in December 2021 that he found "good reason to believe" Lay was not competent to be executed and granted an execution stay.

    He wrote in his December order "it is unavoidable that a jury cannot be empaneled to consider Mr. Lay’s competency claim before his December 15, 2021, clemency hearing and January 6, 2022, execution date.”

    Lay’s attorneys said they contacted Farris about Lay’s mental health in October 2021 and followed up a week later stating if a response was not received in regard to Farris initiating a competency proceeding, then attorneys would seek "judicial remedy.”

    Oklahoma law states that if a warden has good reason to believe that a defendant sentenced to death “has become insane” then the warden must inform the district attorney where the inmate is situated and ask that the sanity of the inmate be examined with the court “at once” calling and impaneling a jury of 12 people.

    Mills wrote that Farris “abused his discretion in failing to call such fact to the attention of the District Attorney of Pittsburg County” and ordered the warden to commence the process.

    Lay's attorneys argued a doctor concluded in September 2021 he “is not competent for execution."

    The AG’s office stated Lay was found competent to stand trial by the Oklahoma Court of Criminal Appeals with the decision affirmed by the U.S. District Court for the Northern District of Oklahoma and the Tenth Circuit Court of Appeals.

    “Accordingly, our ruling in this matter does not involve deciding whether or not Lay is competent to be executed or whether Judge Mills’ ruling concerning the evidence is correct,” OCCA wrote in its ruling. “Rather, this case hinges on whether Warden Farris has shown the issuance of the writ of mandamus ordering him to initiate competency proceedings under Section 1005 was unauthorized by law.”

    OCCA ruled that Mills weighed the evidence presented to him when he decided that “Lay had met his burden of showing ‘good reason’ to believe he is incompetent to be executed.”

    The next trial docket for Pittsburg County is scheduled for May 2022.

    https://www.normantranscript.com/new...fe183c68a.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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