Ruling clears way for death penalty in dragging death

22 CommentsRuling clears way for death penalty in dragging death
By Carlos Illescas
The Denver Post

Article Last Updated: 08/22/2008 04:18:05 PM MDT


Jose Luis Rubi-Nava (DOUGLAS COUNTY SHERIFF'S OFFICE )Related
Aug 22:
Judge: Drag-death suspect not mentally retardedMay 6:
Rubi-Nava's mental retardation hearing resumesJan 14:
Hearing held in Dougco dragging deathOct 26:
Dragging death hearing set for JanuaryOct 3:
Death penalty to be soughtOct 2:
DA to seek death in dragging caseAug 3:
Suspect pleads not guilty in dragging deathMurder suspect's low IQ claim won't stickAug 2:
Finding of low IQ may save man's lifeMay 22:
Mental deficiency alleged in dragging deathMar 21:
Suspect in dragging death may be retarded Mar 20:
Dragging-death case delayedSep 29:
Judge denies gag order in case of dragging deathCASTLE ROCK — Jose Rubi-Nava is not mentally retarded, according to documents released today, and that clears the way for the death penalty if he is convicted in the dragging death of his girlfriend.

Rubi-Nava, 38, was charged with murder and kidnapping after the mangled body of Luz Maria Franco Fierros, 49, was found in September 2006 near Castle Rock. She had a nylon strap around her neck and her body was at the end of a 1½-mile trail of blood.

The coroner said she died from strangulation and massive head wounds after she was dragged behind a car.

After his arrest, police say Rubi-Nava confessed to killing the woman.

The defense had argued during 11 days of testimony this year that an IQ test given to Rubi-Nava showed that he was mentally retarded.

But the tests, administered by a defense expert, were improperly compared with random samples from the United States when they should have been compared with samples from Mexico, where Rubi-Nava grew up, Douglas County District Court Judge Paul King ruled last month.

The ruling had been kept under seal until today.

King also ruled that the defense witness who examined Rubi-Nava, Ricardo Weinstein, was biased in his conclusions that the defendant was mentally retarded.

"Dr. Weinstein's analysis permits the issue of the death penalty to shape, mold and guide his opinion on whether the defendant is mentally retarded," Judge King wrote. "He fails to comprehend his obligation to perform an objective determination."

District Attorney Carol Chambers has said she will seek the death penalty against Rubi-Nava should he be found guilty of first-degree murder.

The U.S. Supreme Court ruled in 2002 that someone who is mentally retarded cannot be sentenced to death.

Carlos Illescas: 303-954-1175 or cillescas@denverpost.com




http://www.denverpost.com/breakingnews/ci_10276276

Good for the judge. And watch the screaming start by pro-IA activists that the man can be rehabilitated (at taxpayer expense) rather than be put to death (at taxpayer expense).