Motion filed claiming death sentence unconstitutional for Joseph Corcoran
Nov 18, 2024
FORT WAYNE, Ind. (WANE) -- The defense team of Joseph Corcoran is attempting to stop his execution scheduled for Dec. 18 after filing motions Friday claiming his execution as unconstitutional.
Joseph Corcoran was convicted of killing his brother, his sister’s fiancé and their two friends in 1997 after previously being suspected of killing his parents in 1992.
In the motions filed Friday by Corcoran's defense outlines that the execution of Corcoran would violate the Eighth Amendment to the United States Constitution and Article One, Section 16 due to his numerous diagnoses of "paranoid schizophrenia or precursors to the schizophrenic diagnosis."
The amendment states that "Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense."
In the Motion for Stay of Execution, Corcoran's defense said, "He constantly suffers painful and frightening delusions and auditory hallucinations, namely that Indiana Department of Correction prison guards are using an ultrasound machine to torture him and that he has a sleep disorder that causes him to unconsciously and unknowingly say inappropriate things that make people angry and retaliate against him."
The document continues on stating that his paranoid schizophrenia prevents him from making rational decisions.
Another Motion for Stay of Execution documents Corocoran's book written in Sept. of 2024 as a continuation of his delusions. The court document lists multiple excerpts from the book where Corcoran outlines how electronics have been used to harass and "experiment" on him. You can find the full book written by Corcoran attached below.
A Whistle-blower Report - Electronic HarassmentDownload
In September of this year, the Indiana Supreme Court issued a unanimous order that the execution of 49-year-old Joseph Corcoran is to be carried out Dec. 18, 2024, before “the hour of sunrise.”
In July, Corcoran's defense team attempted to stop the execution using the same argument however, the Indiana Supreme Court determined that Corcoran’s reasons to stop his death sentence were based on past evidence of mental illness and that the State of Indiana’s motion to set an execution date is not a proceeding where petitions of previously undiscovered evidence can be made.
Corcoran is currently being held at Indiana State Prison in Michigan City.
The last person to be executed by the State of Indiana was Matthew Eric Wrinkles in December 2009.