The issue of mental retardation is different in criminal cases than the issues of mental competency or insanity.
Prosecutors allege Durcho strangled his girlfriend, Summer Rust, 25, in 2009 because she threatened to call police on him and he had vowed he would never go back to prison.
They allege he strangled her three daughters, Kirsten Rust, 7, Autumn Rust, 7, and Evynn Garas, 3, and her son, Teagin Rust, 4, to eliminate them as witnesses. The victims' bodies were found Jan. 12, 2009, in their El Reno apartment.
The murder trial has been postponed repeatedly. The judge could re