The attorneys told the judge they have records showing Durcho was in special education classes before he dropped out of school after the eighth grade. They also told the judge relatives and acquaintances indicate Durcho had low mental functioning as a boy.
In Oklahoma, a murder defendant is considered to be mentally retarded if his IQ is 70 or less and he also has “significant limitations in adaptive functioning.” The onset of the mental retardation must have been manifested before the defendant's 18th birthday.
It is different from being found insane. That is when a defendant is acquitted because he did not know right from wrong at the time of the crime.
It also is different from being found mentally
The judge delayed the trial so defense attorneys can complete testing.
Still to be decided is whether Durcho is entitled to a separate jury trial on the mental retardation
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