Judge to make death penalty decision next week - FOX13 News, WHBQ FOX 13

Judge to make death penalty decision next week

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    Friday, October 4 2013 3:43 PM EDT2013-10-04 19:43:45 GMT
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MEMPHIS, Tenn. (FOX13) - -

A Memphis federal judge says he'll have a written opinion early next week on whether accused multiple-murderer Chastain Montgomery will be facing the death penalty when he goes on trial in April. Montgomery is charged with killing two women at the Henning post office in 2010 during a robbery.

For weeks last summer Montgomery sat mortified as family members and friends related stories in court about his below normal mental capacity.

But, then they had to because they were trying to convince Federal Judge John McCalla to spare him from the death penalty if convicted for killing two postal workers.

It was hoped Judge McCalla would render his ruling in court on Friday.

To Montgomery's defense attorneys Michael Scholl and Ann Tipton, McCalla's ruling is critical to their client in a couple of ways.

If the judge takes the death penalty off the table then the defense will use the mentally disabled argument to press to have the confession Montgomery gave upon his arrest to be thrown out for the same reason.

Scholl says Federal laws are specific when it comes to applying the death penalty to a person's IQ scores.

MORE: Chastain Montgomery Sr. Makes 1st Court Appearance

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