OKLAHOMA CITY (KFOR) – Just days before the state is set to execute a death row inmate, attorneys are asking the U.S. Supreme Court to intervene.

On December 20, 2002, Benjamin Cole told investigators that he was trying to get his 9-month-old daughter to stop crying when he grabbed the baby by the ankles and pushed her legs toward her head until she flipped over.

The baby’s spine was snapped in half and her aorta was completely torn through, according to investigators.

For years, Cole’s attorneys have said that he has suffered from untreated paranoid schizophrenia, and more recently, his attorneys have claimed that Cole’s condition has deteriorated significantly while on death row.

The Oklahoma Attorney General’s Office says an independent evaluator found Cole is competent enough to be executed.

On Friday, attorneys for Cole filed a request for a stay of execution in the United States Supreme Court.

The stay application asks the court for more time to determine whether Oklahoma’s procedure for determining pre-execution competency violates the Eighth Amendment.

Attorneys argue that both the United States Constitution and Oklahoma law forbid the execution of a person who is mentally incompetent.

Cole is scheduled to be executed on Oct. 20, 2022.