SC Supreme Court Justices Question Death Row Inmate's IQ Test Results

Bayan Aleksey's attorneys argue he has an intellectual disability, but the court is skeptical about the accuracy of his IQ scores.

Apr. 1, 2026 at 7:53pm

The South Carolina Supreme Court heard arguments on whether death row inmate Bayan Aleksey, convicted of killing a state trooper in 1997, should be exempt from execution due to an intellectual disability. Justices questioned whether Aleksey may have deliberately skewed his IQ test results lower over the years in an effort to avoid the death penalty, as his scores have dropped significantly since childhood despite no formal diagnosis.

Why it matters

This case highlights the complex legal and ethical issues surrounding the execution of inmates with intellectual disabilities. The Supreme Court has ruled that executing those with such disabilities is unconstitutional, but determining who qualifies can be challenging, especially when there are questions about the validity of IQ tests.

The details

Aleksey was sentenced to death in 1998 for killing Sgt. Franklin Lingard during a traffic stop. His attorneys argued he should be exempt from execution due to an intellectual disability, citing his low IQ scores over the past 20 years of appeals. However, the state questioned whether Aleksey may have intentionally performed poorly on the tests to appear less competent. Justices noted the discrepancy between Aleksey's average intelligence as a child and his much lower scores as an adult, suggesting he could have been trying to game the system.

  • Aleksey was sentenced to death in September 1998 for the 1997 killing of Sgt. Franklin Lingard.
  • Aleksey's case has been in the appeals process for 27 years.

The players

Bayan Aleksey

A 57-year-old death row inmate convicted of killing a state trooper in 1997.

Sgt. Franklin Lingard

A 39-year-old Highway Patrol officer who was killed by Aleksey during a traffic stop in 1997.

Allison Franz

An attorney for Aleksey who works for Justice360, a firm that specializes in defending death row inmates.

Melody Brown

An attorney for the state who argued on behalf of the attorney general's office.

John Kittredge

The Chief Justice of the South Carolina Supreme Court.

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What they’re saying

“How do we deal with this disparity?”

— John Kittredge, Chief Justice, South Carolina Supreme Court

“That is extremely difficult to do and extremely unlikely.”

— Allison Franz, Attorney for Aleksey

“Well, you can't do well in school without showing up. That's for sure.”

— Letitia Verdin, Justice, South Carolina Supreme Court

What’s next

The South Carolina Supreme Court will decide whether to overturn the lower court's decision, send the case back for reconsideration, or uphold the judge's ruling. Regardless, the case is almost certain to continue through the appeals process for years to come.

The takeaway

This case highlights the complex legal and ethical challenges in determining intellectual disability for death row inmates, as well as the broader issues surrounding the execution of those with cognitive impairments.