OKLAHOMA CITY (AP) - A federal appeals court has rejected the appeal of an Oklahoma death row inmate convicted in the death of his 9-month-old daughter.
The 10th U.S. Circuit Court of Appeals took the action Monday in the case of 48-year-old Benjamin Cole of Claremore, who was convicted by a Rogers County jury of first-degree murder in the Dec. 20, 2002, death of Brianna Cole.
The state Medical Examiner's Office found that the baby's spine had been snapped in half and her aorta had been torn through. The appeals court's decision says Benjamin Cole told police he had caused the fatal injuries and acknowledged flipping the infant over because she would not stop crying.
Cole's defense attorney, Assistant Federal Public Defender Thomas Kenneth Lee, had no comment on the appellate court's decision.