CASTLE ROCK — A doctor for the state mental hospital testified Thursday that after evaluating accused killer Jose Luis Rubi-Nava, he found him to be “adequate” and “average” and not mentally retarded.
Dr. Jose Vega presented the testimony at a hearing to decide whether Rubi-Nava, 37, is mentally retarded and therefore cannot be sentenced to death for the brutal slaying of his girlfriend. The Colorado and U.S. supreme courts have held that the mentally retarded cannot be executed.
Rubi-Nava has decent communication skills, he follows instructions, he can do simple math problems and he’s able to maintain employment, Vega said.
“He did not manifest any condition that would be consistent with mental retardation,” Vega said of Rubi-Nava’s conceptual skills.
That diagnosis contradicts testimony from Ricardo Weinstein, a psychologist for the defense, who said earlier in the week he found that Rubi-Nava was mentally retarded.
The four-day hearing concluded Thursday without resolution. It will continue in April, after which time Judge Paul King will make his ruling.
Rubi-Nava is accused of dragging his girlfriend, Maria Franco-Fierros, 49, to death in September 2006. After his arrest, police say Rubi-Nava confessed to killing the woman.
The district attorney’s office has said it will seek the death penalty if he is found guilty and not mentally retarded.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
