COLUMBUS, Ohio (AP) – A condemned Ohio inmate has refused breakfast ahead of his scheduled execution for fatally shooting his three sons while they slept in 1982.

Sixty-six-year-old Reginald Brooks is appealing to the U.S. Supreme Court. His execution is scheduled for 10 a.m. Tuesday.

State and federal courts have rejected attorneys’ arguments that the East Cleveland man is not mentally competent. The defense also says the government withheld relevant evidence that could have helped Brooks’ case.

Prosecutors acknowledge Brooks is mentally ill but dispute that he’s incompetent and that information was hidden. They say Brooks planned the killings and took revenge on his wife.

Prisons spokesman Carlo LoParo says Brooks listened to the radio and watched TV on Monday night before falling asleep for more than six hours.

Copyright 2011 The Associated Press.