Retarded ruling affects death sentence

CASTLE ROCK, Colo., Aug. 23 (UPI) -- A court has ruled a Colorado man is not retarded, clearing the way for a death penalty if he is convicted of the dragging death of his girlfriend.

Jose Rubi-Nava, 38, is charged with kidnapping and murdering Luz Maria Franco Fierros, 49, whose body was found in 2006 with a nylon strap around her neck at the end of a 1 1/2-mile blood trail. The coroner said she died of strangulation and head wounds after being dragged behind a car, The Denver Post reported Saturday.

Rubi-Nava allegedly has confessed to killing the woman but his defense attorneys argued IQ tests showed him to be retarded.

Douglas County District Judge Paul King has ruled, however, that the tests were invalid because the results were compared to U.S. standards rather than those of Mexico, where Rubi-Nava grew up.

The ruling may greatly affect the man's fate if convicted. A U.S. Supreme Court ruling in 2002 determined someone cannot be sentenced to death if mentally retarded.