Oklahoma execution date sought for man who killed woman, two children

Hooper, 39, was convicted of killing Cynthia Lynn Jarman, who was 23, and her children, Tonya Kay Jarman, who was 5, and Timothy Glen Jarman, who was 3.

Hooper's original three death sentences were overturned in 2002 by a federal district judge that found Hooper had ineffective counsel during the punishment phase of his trial. However, a Canadian County district judge imposed the same sentences in 2004 without protest by Hooper, who had also directed his attorneys not to appeal the sentences.

Hooper changed his mind about being executed after taking medication for depression, but lower courts upheld his sentencing since he had been declared competent to make decisions about his case during the resentencing process.

The 10^th U.S. Circuit Court of Appeals upheld those sentences last year, saying in an opinion that “the fact that Hooper made a different decision when medicated does not by itself cast doubt on the initial competency determination — especially given that both experts were aware of his unmedicated depression.”

The circuit court rejected Hooper's contention that he was incompetent in 2004 because it is irrational to accept the death penalty. The U.S. Supreme Court upheld the circuit court's decision.

Pruitt asked the Oklahoma Court of Criminal Appeals for an execution date in 60 days or the earliest the court deems fit.