Alabama inmate's execution stayed to determine if he is competent enough to be put to death

A judge in Alabama has issued a stay for a convicted killer's upcoming execution while state representatives investigate whether he is competent enough to be put to death David Lee Roberts was scheduled to be executed on Aug for the shooting death of Annetra Jones but Marion County Circuit Judge Talmage Lee Carter temporarily stayed the execution until it can be determined if Roberts has a rational understanding of what would happen to him Or similarly put the issue is whether the petitioner's concept of reality is so impaired that he cannot grasp the execution s meaning and the purpose or the link between his crime and its punishment he wrote in the ruling Carter announced the execution will remain on hold until the Alabama Department of Mental Physical condition concludes its account on Roberts EXECUTION SCHEDULED FOR TEXAS DEATH ROW INMATE CONVICTED IN 'SHAKEN BABY' SCENARIO AS LAWYERS MAINTAIN INNOCENCERoberts was set to die by nitrogen gas a controversial method Alabama began using last year when convicted killer Kenneth Smith was executed in January Attorneys representing Roberts argue that his death sentence should be suspended because he has been diagnosed with paranoid schizophrenia Roberts' attorneys reported in a court filing that he hears voices and is delusional adding that he also in the past few days attempted to burn tattoos off his arm and leg because he held they are trying to control his thoughts This evidence demonstrates Mr Roberts is incompetent to be executed because his delusions prevent him from having a factual or rational understanding of the reason his attorneys mentioned The Alabama attorney general s office is not appealing the stay although the state has urged that the competency evaluation be expedited The U S Supreme Court ruled that states cannot execute inmates who are insane and do not understand their upcoming execution and the reasons for it but Alabama law does not provide a clear standard on what courts must find in evaluating a person's competency to be executed EXECUTION DATE SET FOR FLORIDA MAN CONVICTED OF KIDNAPPING WOMAN KILLING HERRoberts murdered Jones in Marion County on April while he was staying at a house her boyfriend lived in Prosecutors commented Roberts arrived at the home packed his belongings stole money and shot Jones three times in the head with a caliber rifle while she was sleeping on the couch He then poured flammable liquid on her body and the floor and set the house on fire Jurors convicted him of capital murder and voted - that he receive life in prison without parole However a judge overrode that recommendation and sentenced him to death Alabama no longer allows judges to override jury sentences in capital cases The Associated Press contributed to this account