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08/26/2008: "Judge: IQ of 66 indicates mental retardation for Americans but normal for Mexicans"

A judge has ruled that defense attorneys for a man accused of dragging his girlfriend to death failed to prove he is mentally retarded, meaning he could get the death penalty if convicted.

Colorado law doesn't allow the execution of mentally retarded people. The defense has said a test administered by two experts found Rubi-Nava's IQ was 66. Generally, those with an IQ of below 70 are considered mentally retarded.

Rubi-Nava is from Mexico, and a prosecution witness testified that his test results were improperly compared with random samples from the United States, instead of from his home country.

"Mr. Rubi-Nava's intellectual functioning must be compared to the society or population where his conduct and behavior occurred," the attorneys wrote.

[ In May this year a donkey did time in a Mexican jail for assuault and battery. The donkey probably had the correct IQ for its species, so mental deficiency was no excuse in that case either.]

http://www.rockymountainnews.com/news/2008/aug/23/judge-murder-suspect-not-mentally-retarded/