Attorneys for an Oklahoma man scheduled to die next week are trying stop his execution on the grounds that he is mentally unfit to be put to death.
George Ochoa's attorneys filed a motion for a stay of execution Wednesday in federal court in Oklahoma City. Attorney James Hankins argues in the motion that Ochoa is “suffering from mental instability” and that to execute him would be unconstitutional.
The state had not filed a response on Thursday to the motion and no ruling was handed down.
The 38-year-old Ochoa is to be put to death Tuesday for the 1993 shooting deaths of two people in their Oklahoma City home while three of the couple's young children were present. Ochoa maintains he is innocent.