Va. jury to determine retardation question

YORKTOWN, Va., July 26 (UPI) -- A Virginia jury is being asked to determine if a man convicted of murder is mentally retarded and so ineligible for the death penalty.

York County (Va.) Judge Prentis Smiley Jr. told prospective jurors the proceedings were "unique in the annals of judicial history," The Richmond (Va.) Times-Dispatch reported Tuesday.

"This issue is whether Daryl Atkins is retarded or not -- that is the singular issue," Smiley said.

The U.S. Supreme Court, hearing Atkins' appeal, ruled that mentally retarded people should not be executed and ordered Virginia to determine whether Atkins is retarded.

Atkins, 27, was convicted in the 1996 killing of Eric Michael Nesbitt, an airman from Langley Air Force Base, who was abducted, robbed and shot to death, the newspaper said.

He was sentenced to death but attorneys claimed Atkins was mentally retarded. Tests indicate he has an IQ of 74-76. In Virginia, people with an IQ of 70 or less are considered mentally retarded.

Smiley said he expected to select the 15-member jury early this week. Some 100 witnesses are scheduled to testify in the trial, which may last up to two weeks, the Times-Dispatch reported.