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The methods of the testing varied, but Judge Garaufis found that because eight of those tests showed him to be at least three points above the benchmark for legal retardation, which is 70, Mr. Wilson was not retarded.
After the Supreme Court's 2002 decision in Atkins v. Virginia, which barred the execution of the mentally retarded, a state judge ruled that Mr. Wood was not retarded.
But it upheld the determination that Mr. Wood was not retarded for the purposes of Atkins.
They include three doctors whose expert opinion in 2000 that the condemned man was not "retarded" was seminal in having him sent to his death – they now say that their initial view was rushed and based on outdated medical understanding.
One with a particularly dramatic story to tell was Bernard Carabello, who entered Willowbrook when he was 3, and stayed for 18 years, even though he was not retarded.
If the jury decided the defendant was not retarded, then a hearing would be held in which two disinterested experts would make recommendations to the judge, who would have final say.
Similar(43)
He's not retarded; no retarded person is going to remember step by step what he did in all that detail".
"He wasn't retarded.
"I'm not retarded," he said.
Prosecutors have contended that the crime itself is evidence that Mr. Atkins is not retarded.
One woman furtively smoked cigarettes and engaged in a running argument with herself, screaming things like: "I'm not retarded!
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com