Court finds Mo. death row inmate competent

JEFFERSON CITY, Mo. -- The Missouri Supreme Court ruled Thursday that a death row inmate is competent to be executed for killing a man in 1998 out of anger over a child support payment.

In a 4-3 ruling, the court found that Andre Cole, 52, has a "rational understanding of his sentence" and refused to stay his execution, which is scheduled for Tuesday.

Cole and his wife, Terri, divorced in 1995 after 11 years of marriage. The couple had two children and fought about visitation. The court said in the ruling that there also is evidence that Andre Cole was upset that his wages were being garnished to pay his ex-wife $3,000 in child support that he owed her.

The first deduction appeared on his Aug. 21, 1998, paycheck. Hours later, Cole forced his way into Terri Cole's home and was confronted by Anthony Curtis, who was visiting. Andre Cole stabbed Curtis and his ex-wife repeatedly. Curtis died but Terri Cole survived.

Andre Cole fled the state but surrendered to police 33 days later. During the trial, his defense was that he did not bring a weapon into Terri Cole's house and that Curtis initiated the attack with a knife.

Affidavits from two of Cole's attorneys said Cole reported during conversations they had with him in 2014 and 2015 that he had been "hearing voices and that he believed the state had been trying to communicate with him through the television, intercom system, and prison staff and inmates." The affidavits said the voices "would make racist and harassing comments" and told Cole that "the state was trying to get him."

A forensic psychiatrist who examined Cole in 2002 and again in February found Cole's "mental state has deteriorated." But the majority wrote that another court previously found that the psychiatrist wasn't a credible witness in the case and listed instances of Cole having rational conversations.

The minority, however, said there should be a hearing to consider the issue further.