A Tucson woman accused, along with her boyfriend, of murdering two young children may be mentally retarded and ineligible for the death penalty.
Authorities contend Christopher Payne, 29, and his girlfriend, Reina Gonzales, killed Christopher's oldest two children, Ariana, 4, and Tyler, 5, sometime between March 9, 2006, and Sept. 1, 2006.
Ariana's remains were found Feb. 18, 2007, stuffed inside a plastic trash bag, a designer bag and a sealed plastic tub. Tyler's body has never been found, but police believe he is dead as well.
An autopsy showed that in the days and months leading up to her death, Ariana Payne had half of her ribs and her right shoulder broken. She also suffered a fracture to one of the vertebrae in the middle of her back, at or near the time of her death.
Pima County prosecutors hope to convict the pair of first-degree murder and if successful, intend to seek the death penalty for both.
People are also reading…
Because mentally retarded people cannot be executed in the United States, judges appoint doctors to evaluate defendants to determine their IQ and their ability to function independently.
Someone with an IQ of 65 is presumed to be mentally retarded, but the law allows attorneys to argue a client is mentally retarded if the IQ is higher.
Typically, when a court-appointed doctor says a defendant's IQ is marginal, prosecutors and defense attorneys hire their own experts to evaluate the defendant. If there's a disagreement among the doctors, the judge is then asked to make a decision.
In this case, Payne waived his right to be evaluated, but three doctors have evaluated Gonzales so far.
According to court documents, the doctors each came up with a different IQ for Gonzales, ranging from 68 to 77.
Two of them believe Gonzales, 23, may be mentally retarded, while the third does not.
One doctor reported that Gonzales' IQ was 72, meaning she scored better than only 3 percent of the people in her age group.
As a result, defense attorney Brick Storts said he is going to have at least one other expert meet with Gonzales and prepare a report.
Pima County Superior Court Judge Paul Tang will be presented all the evidence about Gonzales' mental status during a two-day hearing in May. He will make a final determination then as to whether she is eligible for the death penalty.
The doctors' reports reveal many details about Gonzales' intelligence and her background, including:
● Gonzales couldn't give two examples of a major news event that had taken place within the last month.
● She couldn't name the governor of Arizona last month.
● During one test, she couldn't recall three simple, unrelated words five minutes after they were provided.
● She quit school in the 10th grade after her father died.
● Gonzales was never diagnosed with a learning disability or placed in a special education class.
● She told doctors she has supported herself for the past eight years, mostly working in the fast-food industry.
● She told one doctor she was fired from three jobs because her boyfriend was "really jealous" and prevented her from going to work.
● Before her arrest, Gonzales said, she was a daily heroin and cocaine user. She also smoked marijuana every day between the ages of 16 and 20.
● She has gained 60 pounds since she stopped doing drugs.
● Gonzales recently stopped taking depression medication because she didn't like the way it made her feel.
● She told one doctor her goals are to get her general equivalency diploma and regain custody of her 3-year-old son, who lives with Payne's family.
Gonzales' trial is scheduled for Oct. 7 and Payne's trial is set for Jan. 27, 2009.
