New York, NY —
The New Jersey Supreme Court rules that a defendant will avoid the death penalty if just one juror believes the suspect has shown he or she is mentally retarded.
REPORTER: The decision by New Jersey's highest court clarified an October decision, in which it decided that prosecutors no longer have to prove a defendant is mentally fit. That ruling put the burden of proving mental retardation on defendants and aligned New Jersey with most other states.
REPORTER: The ruling stemmed from the case of Porfirio Jimenez, a Honduran day laborer in prison on charges he sexually assaulted a 10-year-old boy before murdering him in 2001 in Morris County. Jimenez's lawyers claimed he was mentally retarded, with an IQ of 68.