CASTLE ROCK, Colo.—Prosecutors said Thursday they are moving ahead with their death-penalty case against a man accused in the dragging death of his girlfriend after a judge issued an undisclosed ruling on whether he can be executed if found guilty.
The decision pertained to whether Jose Luis Rubi-Nava is mentally retarded, as the defense maintains. If he is, he cannot be executed under Colorado law.
All records in the case have been sealed, so the ruling has not been made public. Prosecutors, however, have seen the judge’s ruling.
Defense lawyers said they would appeal the ruling to the Colorado Supreme Court.
Rubi-Nava, 37, is charged with murder and kidnapping in the death of Luz Maria Franco Fierros, 49.
Franco Fierros’ mangled body was found in September 2006 near Castle Rock just south of Denver. She had a nylon strap around her neck and her body lay at the end of a 1 1/2-mile trail of blood.
The coroner said she died from strangulation and massive head wounds.
The defense says an IQ test given to Rubi-Nava indicated he was mentally retarded, but prosecutors questioned whether the test properly measured his intelligence.
A prosecution expert has testified the exam may have measured how well Rubi-Nava has assimilated into U.S. society, rather than his IQ, because his results were compared with results from longtime U.S. residents, not people from Mexico.
Authorities have said both Rubi-Nava and Franco Fierros were from Mexico and may have been in the country illegally.
At a hearing in January, a state mental health doctor testified that Rubi-Nava is not mentally retarded and has decent communication skills, follows instructions and can do simple math problems.
Prosecutor Ryan Brackley told District Judge Paul King he will file a motion seeking to have records in the case made public, including King’s ruling on Rubi-Nava’s mental retardation. King scheduled a hearing on Aug. 22 to consider the request.
