An Oklahoma judge has ruled that death row inmate Wade Greely Lay is not fit to be executed, following mental evaluations conducted by psychologists hired by both defense attorneys and state prosecutors.
Pittsburg County District Judge Tim Mills determined that Lay, 63, lacks a “rational understanding” of the purpose behind his execution.
According to the judge’s order signed by all parties involved, Lay will not face execution at this time due to his current state of incompetence, as defined by Oklahoma law.
Defense attorney Callie Heller expressed relief at the ruling, citing Lay’s belief in a government conspiracy to silence him.
Judge Mills has mandated mental health treatment for Lay in hopes of restoring his sanity, though Heller expressed doubt about the likelihood of success given Lay’s long-standing and severe mental illness.
Lay, who represented himself during trial, was convicted and sentenced to death for his involvement in the May 2004 shooting death of bank guard Kenneth Anderson during an attempted robbery in Tulsa, where Lay’s then-19-year-old son also played a role. Christopher Lay, the son, received a life sentence without parole.
The Oklahoma Court of Criminal Appeals is expected to formally stay Lay’s execution soon, delaying justice for Kenneth Anderson’s family, according to Attorney General Gentner Drummond’s spokesperson Phil Bacharach. Bacharach also indicated that Lay will receive treatment to potentially regain competence for future evaluation and possible payment for his crime.
This ruling marks the second time this year that an Oklahoma death row inmate has been deemed mentally incompetent to be executed by the courts.
