MICHIGAN CITY, Ind. — Joseph Corcoran will be put to death by lethal injection sometime between midnight and sunrise Wednesday, unless the governor of Indiana steps in.
Corcoran killed four men in Fort Wayne in 1997, including his brother and future brother-in-law.
Corcoran's attorneys argue their client should not be put to death because he's mentally ill and unable to understand the severity of his crimes.
For 25 years, Corcoran has sat on death row awaiting his fate. He was sentenced to death in 1999.
In a last-ditch effort to spare his life, his attorneys submitted a stay of execution request to the U.S Supreme Court. It was denied late Tuesday. Gov. Eric Holcomb is the last person who could put a stop to Wednesday's execution.
"We would ask the governor to grant clemency to Joe Corcoran," said attorney Joanna Green. "He has schizophrenia. He's seriously mentally ill. The states surrounding Indiana either don't allow executions at all or they bar the execution of people with serious mental illness."
Death penalty policy analyst Robert Dunham said Corcoran's mental illness is critical when considering the stay of execution.
"To allow him to be executed without conducting an up-to-date, modern-day, to-the-minute hearing on what his mental state is, is something we as the public should not accept," Durham said.
In a recent interview, Holcomb said his thoughts on the death penalty haven't changed.
"I still believe in capital punishment," Holcomb said. "I subscribe to that as a form of ultimate justice."
Governor-elect Mike Braun had different thoughts.
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"I've got mixed feelings on it. From a religious standpoint, a lot of that has turned against it, almost across the spectrum of denominations," said Braun.
Because this execution is happening so close to the end of Holcomb's time in office, Dunham said he believes the decision should be made after the transition of power.
"It makes sense to allow for the next governor coming in to allow him to look at the case and determine whether he thinks this is how Indiana should start execution, if he thinks Indiana should start executions at all," Dunham said.
In an interview with the Associated Press, Corcoran's sister, Kelly, whose brother and fiancé were killed in the shooting, said she opposes the execution, saying there's no such thing as closure. As for Corcoran's attorney, she says they will keep fighting until his last breath.
"We are a pro-life state, and barring execution is consistent with that position," said Green.
After Corcoran's execution, Indiana's attorney general will seek a date for the capital punishment of Benjamin Ritchie. He was convicted in the deadly shooting of Beech Grove Police Ofc. William Toney on Sept. 29, 2000.