Kip Kinkel is asking to be taken out of state prison, and sent to the state hospital in Salem.

He was a teenager when he shot and killed his parents and two students at Thurston High School in Springfield.

He also injured 25 others at the school. It was Oregon's worst school shooting. Kinkel pled guilty in 1999, and was sentenced to more than 100 years in prison.

Kinkel’s lawyer Dennis Balske spoke on OPB’s Think Out Loud Monday morning. He argues that Kinkel landed in prison because of inadequate legal representation.

"When we litigated in state court, the state court judge found absolutely no evidence that his lawyers had any indication that [Kinkel’s] mental health was failing. That's not true. That's not accurate. We had introduced the medical records out of the lawyer's own files, showing severe deterioration, with him curled up in fetal position in his jail cell a few days before he took the plea. So we argued on appeal that that fact-finding was incorrect and should be overturned. And what the appellate court did was to say 'well, our standard of review is that if there’s any evidence in the record to support the judge, then we uphold the ruling.'

That really isn't the standard. The supreme court has a different standard that wasn't followed by the court of appeals. So when we went to the supreme court, we said you need to accept review of this case because the court of appeals applied the wrong standard, and the court rejected our request for review," he said.

Attorney Dennis Balske is representing Kip Kinkel in his bid to be transferred from prison to the state hospital. Kinkel pled guilty to killing his parents, and committing a mass shooting 13 years ago at Thurston High School in Springfield.

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