The Indiana Supreme Court on Thursday unanimously denied two emergency motions from Jeffrey Weisheit, leaving his execution by lethal injection scheduled for before sunrise on Nov. 5.
Weisheit, 50, was convicted in the 2010 deaths of 5-year-old Caleb Lynch and 8-year-old Alyssa Lynch. On April 9, 2010, he set fire to his girlfriend's house, and the children died from smoke and soot inhalation, according to the reporting.
Weisheit asked the court on Oct. 12 to arrange his transfer from prison to a medical imaging facility for brain scans and to delay his execution and clemency proceedings for 14 days. His attorneys have argued that severe mental illness and possible brain trauma contributed to the killings. The state opposed the requests.
The justices ruled the court has no authority to order the medical transport or halt clemency proceedings, which are controlled by the governor. The decision does not prevent Gov. Mike Braun from granting clemency; if he did, Weisheit could serve life in prison without parole instead.
The Indiana Parole Board heard from Weisheit and other speakers at clemency proceedings on Oct. 16 and Monday, and will make a nonbinding recommendation to Braun. At Monday's hearing, the children's mother, Lisa Lynch, appeared virtually and said she was there to ensure her children's voices were heard.
