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Some memories just don’t seem like you can forget them, such as committing the murder of a police officer. Well that’s not the same for 67 year old inmate, Vernon Madison, who has spent the last 33 years of his life in prison for the murder of Officer Julius Schulte.

In Mobile, Alabama, Officer Julius Schulte responded to a domestic disturbance call. During this visit, Officer Schulte was shot to death, allegedly by Madison. Vernon Madison was given the death sentence for his conviction in 1985, but he has suffered from multiple strokes and dementia . This has caused him to not remember any events leading up to his actions which placed him on death row.

Based on health examinations and clinical evaluations, it has been stated that Madison’s “body and mind is failing”.  His attorney, Bryan Stevenson, is seeking to have the death sentence, which is scheduled for Thursday, delayed for reevaluation.  Although Madison’s mental status isn’t labeled as insane or unstable, it is still asked to be taken into consideration.

The U.S. Supreme Court opened the way in November for the execution to proceed. The court, in unsigned opinion, said then that testimony showed Madison “recognizes that he will be put to death as punishment for the murder he was found to have committed,” even if he doesn’t remember the killing itself.