N.J. court: Death penalty barred if one juror finds retardation

NEWARK, N.J. - A defendant will avoid the death penalty if only one juror believes the suspect has shown he or she is mentally retarded, the state Supreme Court ruled yesterday.

The 4-2 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.

The dissenters in that case also dissented in yesterday's clarification, maintaining that prosecutors should be required to prove the absence of retardation beyond a reasonable doubt before someone can be executed.

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.

The public defender's office, which is representing Jimenez and wanted these issues addressed before he went to trial, was gratified by yesterday's ruling, said Stephen W. Kirsch, assistant deputy public defender.

"It certainly is easier for any party to carry a burden of proof if they have to convince only one juror as opposed to 12," Kirsch said.

The state attorney general's office, which asserted that the death penalty is only barred when the jury unanimously finds that the defendant is mentally retarded, had no immediate comment.

The Jimenez rulings are reactions to a 2002 U.S. Supreme Court ruling that declared executing mentally retarded criminals to be a violation of the Constitution's ban on cruel and unusual punishment. The ruling said states could decide whether the burden of proof about a defendant's mental status lies with the prosecution or defense.

Jimenez, a landscaper who lived in Morristown, faces trial on charges that include murder, kidnapping and attempted aggravated sexual assault. He is charged with the May 20, 2001, killing of Walter Contreras Valenzuela, who was last seen at a church carnival.