OKLAHOMA (KFOR) – Attorneys for Oklahoma death row inmate, Richard Fairchild, will ask the state for clemency. They requested a clemency hearing, which was set for October 12th.

Attorneys and advocates told KFOR Fairchild’s mental health, years of abuse and an unfair trial were reasons he should be granted mercy.

“Death sentences are determined by not the heinousness of the crime, but by the quality of the defense and the state in which it occurs,” said Jasmine Brown-Jutras, organizing manager for ACLU-OK. “Richard Fairchild is living testament to that today.”

Fairchild’s attorney, Emma Rolls, said her client was poorly represented during his initial trial. Rolls said her client’s then-attorney never mentioned his severe mental problems.

“Fairchild is suffering from the effects of major mental illness, namely schizoaffective disorder,” said Rolls.  

Rolls spoke during a press conference Friday, along with the Oklahoma Coalition to Abolish the Death Penalty, Oklahoma ACLU, and state senator Dr. George E. Young, Senior.

“Richie’s case, like most of the other 25 men who were set for execution earlier this summer, illustrates the egregious unfairness of Oklahoma’s broken death penalty,” said Rolls.

A jury found Fairchild guilty of killing his girlfriend’s three-year-old son, Adam Broomhall, back in 1993. He has spent the last 26 years on death row.

Recently, his attorneys requested a clemency hearing, which was granted, but Fairchild will not speak on his own behalf. The hearing is set for October 12th.

KFOR reached out to Attorney General John O’Connor’s office for a comment on the hearing. AG O’Connor said:

“Adam Broomhall was just three years old when Richard Stephen Fairchild brutally tortured him to death on November 13, 1995, for wetting the bed. Fairchild, a former amateur boxer, beat, burned, and threw Adam into the side of a table, silencing his cries forever.

“Ultimately, an Oklahoma jury decided death was the only just and appropriate punishment for Adam’s horrific murder. The conviction and sentence were affirmed after years of thorough reviews by the appellate courts.”

The Pardon and Parole Board dis sent News 4 a statement which read:

“We will make sure the process is fair, transparent, and open and then the board will make their decision on whether or not to recommend clemency.”

If the pardon and parole board recommend clemency, then it will go before Governor Kevin Stitt who will make the final decision. If the parole board denies clemency, Fairchild will be executed on November 17th, which happens to be his 63rd birthday.