Durcho faces five counts of first-degree murder for the deaths of Summer Rust and her children.EL RENO, Oklahoma -
A forensic psychologist says a man charged with killing his girlfriend and her four young children is not mentally disabled.
6/25/2012 Related Story: Professor: Man Accused Of Five Murders In El Reno Is Mentally Retarded
Dr. Shawn Roberson testified for the prosecution Monday in the hearing for Joshua Durcho. His testimony contradicts earlier testimony for the defense by special education professor Dr. Denis Keyes that Durcho is mentally disabled.
Durcho faces five counts of first-degree murder for the deaths of Summer Rust and her children.
The hearing will determine whether prosecutors can seek the death penalty. State law prohibits it if a defendant is mentally disabled, which includes an IQ of 70 or below and "significant limitations in adaptive functioning."
Durcho scored 72 on separate IQ tests in 2009 and 2010.
A professor who works to prevent the execution of the mentally handicapped also took the stand on Monday.
The defense filed a motion asking for prosecutors to be removed from the case. One prosecutor specifically said the prosecutors reviewed information indicating he interviewed Durcho's brother without recording the interview, or without information the court,
The prosecutor could not comment as the state is working to convince the judge that Joshua Durcho is not mentally handicapped, and is competent to face the death penalty.
The defense responded by putting the professor on the stand, who testified Durcho's scores on the intelligence tests show "he is mentally retarded."
The outcome of this non-jury will determine if prosecutors can seek the death penalty. The testimony is set to resume Wednesday morning.
