Suspected serial killer Derrick Todd Lee’s lead attorney MikeMitchell announced in court Tuesday morning that Lee may bementally retarded.
Mitchell said a defense expert sent him a one sentence e-mailMonday informing him of the preliminary finding.
Lee is accused of the rape and murder of University graduatestudent Charlotte Murray Pace. He also is accused of killing sixother south Louisiana women.
Prosecutors are seeking the death penalty in the Pace case.
However, if Lee is found to be mentally retarded and isconvicted of Pace’s murder, the penalty phase may change, becausethe Louisiana Code of Criminal Procedure states that no person whois mentally retarded can be put to death.
Jury selection in the trial currently is underway and resumedafter Mitchell’s comments.
Potential jurors were not present during Mitchell’s remarks.
For the evidence to be used in the penalty phase of the trial,Judge Richard Anderson said Mitchell must file a written intentwith the court to use the evidence.
On Wednesday afternoon, Mitchell said he “probably” would filethe report at the close of proceedings on Wednesday or earlyThursday morning.
As of press time, Mitchell had not filed any reports with thecourt.
First Assistant District Attorney John Sinquefield said onWednesday the prosecution has contacted mental health experts tohave on a “stand by basis,” if needed to refute the defense’sclaim.
“We’re preparing a defense against a case of mental retardationif one is presented,” Sinquefield said.
Sinquefield also said he does not think the mental retardationclaim will delay the trial.
“There is at least two weeks until the trial,” he said.