Jan. 8 (UPI) — Federal dying row inmate Corey Johnson on Friday requested an appeals courtroom to situation a keep of execution permitting his attorneys to argue in courtroom that he is intellectually disabled and thus should not be put to dying.

Johnson, 52, is scheduled to obtain a deadly injection Thursday on the U.S. Penitentiary in Terre Haute, Ind., for his function in a Richmond Va., drug gang tied to 10 murders. He is one among three individuals on federal dying row set to be executed subsequent week.

In a submitting with the 4th U.S. Circuit Court docket of Appeals, Johnson’s attorneys stated his trial legal professionals questioned a psychologist who used outdated requirements to conclude that he was not intellectually disabled.

His present legal professionals referred to as for a listening to to current proof, together with check outcomes exhibiting he had an IQ of 69 at age 16 and knowledgeable evaluations, to point out that that conclusion was incorrect.

“The federal government is profiting from procedural boundaries to press ahead with the unconstitutional execution of Corey Johnson, an individual whose mental incapacity can not moderately be disputed,” stated Donald Salzman, one among Johnson’s attorneys.

“Three of the nation’s main mental incapacity consultants have evaluated Corey, reviewed his intensive data, and utilized accepted diagnostic standards to find out that he’s an individual with mental incapacity. Permitting Corey to be executed can be a grave miscarriage of justice.”

Johnson was sentenced to dying in 1993 for 10 murders tied to his participation in a Richmond, Va., drug gang. Accomplices James Roane and Richard Tipton additionally acquired the dying penalty for his or her involvement.

Johnson’s legal professionals stated a childhood of abuse and neglect led to mental incapacity, and at age 13, his mom put him in a facility for kids with mental and emotional impairments.

The legal professionals additionally described Johnson’s punishment as “arbitrary” as a result of one other confederate, Vernon Thomas, acquired a life sentence due to his mental incapacity.

The Trump administration has carried out 10 executions since July, when it resumed federal executions after a 17-year hiatus. Lisa Montgomery is scheduled to die Tuesday and Dustin Higgs on Dec. 15.