Skeptical justices on the Kentucky Supreme Court are weighing claims by a death row inmate that a missing right frontal lobe of his brain played a role in his attack on a mother and children near Fort Campbell in 2008.
Attorneys for 40-year-old Kevin Wayne Dunlap told the high court on Thursday that attorneys were not given enough time to explore what role the abnormality played in the crime and Dunlap's decision to plead guilty in 2010.
Justices Mary Noble and Wil Schroeder expressed doubts that more testing would have affected the outcome of the case.
Dunlap is awaiting execution in the deaths of three children and the rape and assault on their mother in Roaring Springs near the Fort Campbell military post.