Oklahoma to execute death row inmate after Supreme Court denied last-minute appeal

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The Supreme Court hears arguments about the death penalty, interstate commerce

The Supreme Court hears arguments about the death penalty, interstate commerce

The U.S. Supreme Court on Wednesday denied a last-minute appeal filed by Oklahoma death row inmate Benjamin Cole. 

On Thursday, Cole will receive the death penalty by lethal injection.

Cole was charged with the first-degree murder of his 9-month-old daughter, Brianna, who died Dec. 20, 2002, in Rogers County.

Oklahoma Assistant Attorney General Tessa Henry said Cole was infuriated that her crying from her crib interrupted his playing of a video game.

He reportedly killed his daughter by pushing her forcefully by the ankles, causing her to flip over on to her back, which resulted in her fatal injuries.

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This undated photo provided by the Oklahoma State Department of Corrections shows Benjamin Robert Cole Sr.  (Oklahoma State Department of Corrections via AP)

The prosecution initially offered Cole a plea deal to avoid the death penalty. If he had pleaded guilty, he would have received a life sentence without parole 

Cole rejected the deal, and the case went to trial in late 2004. He was convicted as charged and sentenced to death.

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Cole's attorneys argued that he is severely mentally ill, and his brain damage had worsened while he was in prison.

A state panel rejected Cole's bid for clemency earlier this month, and a district court judge in Oklahoma determined that he was competent enough to be executed.

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Cole’s execution would be the sixth since Oklahoma resumed carrying out the death penalty in October 2021.