CASTLE ROCK, Colo.—Prosecutors filed a motion asking a judge to disclose his ruling on whether a man accused of dragging his girlfriend to death is mentally retarded.
Judge Paul King issued a ruling regarding Jose Luis Rubi-Nava but his decision is sealed. Prosecutors have seen the ruling and say they are moving ahead with their death-penalty case. Their motion was filed Friday.
Defense lawyers say they will appeal King’s ruling.
If Rubi-Nava is mentally retarded, he cannot be executed under Colorado law.
The 37-year-old is charged with murder and kidnapping in the death of Luz Maria Franco Fierros, 49.
Franco Fierros’ body was found in September 2006 south of Denver in Castle Rock. She had a nylon strap around her neck and her body lay at the end of a 1 1/2-mile trail of blood.
