Death row inmate requests neuroimaging ahead of scheduled execution

An inmate on death row in Indiana is requesting that his execution date be moved so he can undergo brain imaging his attorneys believe a judge should consider in the case. 

Jeffrey Weisheit was convicted for the murder of his girlfriend’s two children, 5-year-old Caleb and 8-year-old Alyssa Lynch. Weisheit trapped the children in their Evansville, Indiana, home before setting it on fire in 2010. Three years later, he was sentenced to the death. 

Weisheit’s attorneys recently filed emergency motions with the Indiana Supreme Court seeking an order requiring prison officials to transport him to Franciscan Health's Diagnostic Imaging Center in Michigan City, Indiana, to complete PET and MRI scans of his brain. His attorneys believe imaging will reveal extensive brain damage, with potential alterations stemming from injuries, mental illness and childhood trauma.  

This is not the first time defense attorneys have sought to use medical imaging in murder cases. In recent years, the practice has become an increasingly common attempt to prevent defendants from receiving the death penalty. In fact, Weisheit’s own attorneys previously tried to use this defense during his initial trial.  

His defense argues, however, that his medical history and imaging were not adequately developed during his trial and appeals. They contend that new imaging and quantitative analysis could help determine whether brain abnormalities predated the killings and how they may relate to his criminal behavior. 

There is a tight timeline to fulfill the attorneys’ request. They have asked the Indiana Supreme Court to require transportation within five days of an order and to move the written clemency submission deadline to Oct. 29, the public hearing to Nov. 2 and the execution to Nov. 19. Currently, his execution is scheduled for Nov. 5.