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Judge: Retarded man cannot be executed



Published: Thu, August 11, 2005 @ 12:00 a.m.



CINCINNATI (AP) -- A man who was sentenced to die for killing a 10-year-old boy cannot be executed because he is mentally retarded, a judge has ruled.

Darryl Gumm, of Hazard, Ky., was convicted in 1992 for the beating death that year of Aaron Raines of Cincinnati. The boy was lured into an abandoned building, where he was beaten with a board, a pipe and a slab of concrete when he refused to perform oral sex on the man, prosecutors said.

A Hamilton County Common Pleas judge ruled Tuesday that Gumm was mentally retarded and was exempted from execution by a 2002 U.S. Supreme Court ruling in Adkins vs. Virginia.

"I think it was a correct decision," said Kate McGarry, a New Mexico attorney who represented Gumm.

She said it apparently was the first ruling in Ohio that voided a death sentence because of mental retardation.




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