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 on December 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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The prosecution initially offered Cole a plea deal to avoid the death penalty. If Cole had pleaded guilty, he would have received a life sentence without parole
He 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 in October 2022, and a district court judge in Oklahoma determined that he was competent enough to be executed.
Cole’s execution would be the sixth since Oklahoma resumed carrying out the death penalty in October 2021.