Alabama inmate's execution off for night

Alabama Department of Corrections shows a police mug shot of Vernon Madison who is scheduled to be executed for the 1985 murder of Mobile police officer Julius Schulte on Thursday. Alabama is asking the U.S

The U.S. Supreme Court has delayed the execution of an Alabama inmate with dementia who lawyers say can't remember slaying a police officer.

The court issued a stay Thursday night to consider arguments from 67-year-old Vernon Madison's attorneys. His attorneys had argued that stroke-induced dementia has left Madison unable to remember killing the officer or understand his looming execution.

The state has asked the court to let the execution proceed Thursday.

Michael Schulte, the slain officer's son, said Friday that last-minute execution stays - the second Madison has received within two years - have been hard for his family and mean "this tragedy isn't finished".

The Supreme Court ordered the the stay to remain until justices decide whether they will grant Madison's writ of certiorari, or if they will review the case. Julius Schulte, who was responding to a April 1985 domestic disturbance call.

They also argue that a judge shouldn't have sentenced Madison to death when jurors recommended life imprisonment.

Alabama prison system spokesman Bob Horton said Schulte's family has chosen not to witness the execution.

The son of a slain Alabama police officer said Friday that his father should not be forgotten as the U.S. Supreme Court and media focus on legal wrangling over whether his father's killer is competent to be executed. "It brings everything back to mind that this guy is still alive and my dad, who never hurt anybody, isn't here anymore", Michael Schulte said. The state is opposing the request. He requested two oranges as his last meal.

Madison was convicted three times in the shooting of Mobile, Alabama police Cpl.

Florida and DE, the only two other states that permitted judicial override, abolished the practice after the U.S. Supreme Court ruled in January 2016 that the Florida system of allowing jurors to make advisory capital-punishment recommendations violated the Sixth Amendment.

In another petition, also still pending before the Supreme Court, Madison's lawyers argue that putting Madison to death for a death sentence imposed by a judge when the jury had voted to sentence him to life is "arbitrary and capricious" now that the state eliminated the possibility of "judicial override". They argued the court should delay the planned injection to review whether executing someone in such a mental condition violates evolving standards of decency and a ban on cruel and unusual punishment.

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