The defense says, as possible brain damage, raises questions about the Ritchie death judgment

Indianapolis (wish) – Benjamin Ritchie will spend the rest of his life in prison, but there are several efforts from the Statehouse to the Supreme Court of the United States to determine whether his life will end with execution on May 20.

Ritchie's defense claims that fetal alcohol syndrome caused severe brain damage and influenced its impulse control.

They argue that brain damage caused its criminal behavior in 2000 when Ritchie ran a van Stahl, ran from the police and then, William Toney, Beech Grove Police Department Officer.

“Every situation in his life, he is hindered forever,” said deputy defense lawyer Mark Koselke, a lawyer at Ritchie, in an interview to News 8. “This is not something that he will get better of.”

In a mercy negotiation on Monday, speakers will stand who want to stop and others who want to ensure Ritchies execution. The Indiana Parole Board will then give governor Mike Braun (R-Indiana) as a non-binding recommendation whether it grants mercy.

At the same time, Ritchie requests the Supreme Court of the United States to keep his execution and argued that the process lawyer was ineffective because she never presented evidence of fetal alcohol syndrome.

Koselke says you are looking for a hearing that could lead to a new conviction. Ritchie's goal is to change his prison sentence through fatal injection to life in prison.

“We want a chance for a fair sentence,” said Koselke.

The argument also attracted some supporters of disabilities to prevent a press conference to support Ritchies grace on Monday.

According to Koselke, no conviction authority has ever considered the effects of Ritchies brain damage, although the state generally addressed the argument in its registration to write an execution date.

“Ritchie has never said that he suffers from a mental illness or a deficiency that prevents him from understanding legal proceedings, supporting his lawyer or grasping the justification for his judgment,” said Koselke.

Indiana's executions were waiting for years, mainly on the inability of the state to maintain the drug used in fatal injections.

Ritchie was 12 years younger than Toney when he shot and killed the father of two children. Now Ritchie is 12 years older than Toney when he was killed.

Koselke, who appeals to Ritchie at an earlier grace negotiation, told News 8 that his customer attempts to use every time he still has to honor the name of his victim.

“It was a terrible, terrible night, and I'm very sorry for them [Toney’s family]”Said Koselke.

News 8 turned to Braun's office several times, but he didn't say how he rely on grace.

Toney's widow rejected it to speak for this story.

Ritchie's next grace negotiation is scheduled to begin in Indianapolis on Monday at 9 a.m.