Judge May Grant Double murderer Roy Lee Odenbaugh New Trial

The Bastrop man who was convicted of killing his wife and stepmother could have his death sentence overturned. A jury already recommended the death penalty for Roy Lee Odenbaugh in November. A judge is debating whether or not to give Odenbaugh a new trial and a chance at life.

Defense lawyers for Odenbaugh say crucial evidence that shows his extreme psychotic state was never presented to the jury. Now they want a new jury to hear everything -- before the judge makes the final decision between life and death.

It's a crime so cold blooded -- the victim's family says Roy Odenbaugh shouldn't walk the face of the earth. In 2006, after a night of drugs and a terrible fight, Odenbaugh shot his wife, mother in law and pregnant step-daughter. The daughter was the only survivor.

Odenbaugh has since been found guilty and sentenced to death. But now his lawyers say the most fundamental laws have been breached. Because the jury never heard the true extent of Odenbaugh's mental illness. "There was a machine that allowed people to come into his prison cell, hear his thoughts and that was replaced by a chip," said Richard Bourke, Odenbaugh's attorney. Bourke says his client believes his daughter in law planted a chip in his brain to torment him.

New information has also come out that Odenbaugh was placed on suicide watch in jail. and was so unstable, he had to be taken to the Bastrop Mental Health Center 17 times. The defense says Odenbaugh knows the chip in the brain story sounds bizarre -- but it's truly what he believes. and the defense says that shows Odenbaugh is psychotic. But his family is planning on paying for an MRI to see if the chip is there.