SIOUX FALLS, S.D. (AP) - Defense lawyers for a man who admitting killing a 75-year-old Sioux Falls woman say South Dakota law does not allow for the execution of a mentally ill inmate.
The attorneys for 42-year-old James McVay make the argument in motions filed in advance of his June 27 sentencing. They want a jury to decide the appropriate punishment.
Prosecutors have not yet filed response briefs. Minnehaha County State's Attorney Aaron McGowan wouldn't comment specifically on the motion, saying only that the defense had filed numerous motions that prosecutors disagreed with.
McVay earlier pleaded guilty but mentally ill in the July 2, 2011, death of Maybelle Schein. Police say McVay cut her throat and stole her car in a scheme to assassinate President Barack Obama.