Dec. 2 (UPI) — Attorneys for a person convicted of killing his 2-year-old daughter in 2002 requested the Supreme Courtroom on Wednesday to remain his execution, citing mental incapacity.

Alfred Bourgeois, 55, is scheduled to be executed Dec. 11 on the U.S. Penitentiary in Terre Haute, Ind.

In a Supreme Courtroom submitting Wednesday, his attorneys mentioned his execution could be unconstitutional as a result of he’s intellectually disabled and due to this fact cannot perceive his punishment. They submitted proof of IQ check scores of 70 and 75, in addition to assessments by consultants.

The Eighth Modification bans executing folks with such impairments as merciless and standard punishment.

The request for a keep comes at some point after the seventh U.S. Circuit Courtroom of Appeals rejected Bourgeois’ software for a keep and denied his petition for a rehearing.

Bourgeois was among the many first inmates slated for demise final yr when Legal professional Common William Barr introduced the resumption of federal executions after a 17-year hiatus. A federal decide stayed his execution in March, saying his lawyer made a robust case for his mental incapacity.

Bourgeois was convicted in 2004 of capital homicide for the 2002 demise of his daughter in Corpus Christi, Texas. Prosecutors mentioned the woman died when Bourgeois grew to become offended along with her for turning over her potty coaching chair within the cab of his 18-wheeler and slammed her head into the car’s window.

Investigators mentioned he commonly bodily and sexually abused the toddler earlier than her demise.

Bourgeois mentioned he was harmless of the kid’s demise and blamed her mom.