The IQ of a man charged with dragging his girlfriend to death behind his car in 2006 is a matter of contention before Douglas County District Judge Paul King this week.
King’s finding on whether Jose Luis Rubi-Nava, 37, is mentally retarded could determine whether Rubi-Nava faces the death penalty when he stands trial for the calculated murder of Maria Franco-Fierros, 49.
After his arrest, Rubi-Nava confessed to killing the woman in the culmination of an argument over whether she was cheating on him.
Under state and federal law, anyone found mentally retarded cannot receive the death penalty. Testimony from experts continues Friday in Castle Rock, but the court has blocked off time in May to conclude the hearing, if necessary, Kathleen Walsh, a spokeswoman for District Attorney Carol Chambers said today.
At issue is the State Hospital’s findings on whether Rubi-Nava is retarded.
In January a doctor for the state hospital called Rubi-Nava “average” and not retarded.
The burden of proof is on the defense to prove Rubi-Nava is retarded, Walsh said.
“As we previously stated in open court, the District Attorney’s office is satisfied with the report,” she said of the state hospital’s findings.
“At this time we do not anticipate needing further experts to evaluate Mr. Rubi-Nava. However, if we do use additional experts, the District Attorney’s Office believes the experts will concur with the state hospital’s findings.”
For Rubi-Nava to be found legally retarded, his defense must prove: he has an IQ below 70, his retardation must have been diagnosed or evident before he was 18, and his mental deficiencies affected “major life functions,” according to prosecutors.
He is charged with first-degree murder after deliberation.
Joey Bunch: 303-954-1174 or jbunch@denverpost.com
