Judge Dennis Helmick of the Hamilton County Common Pleas Court ruled that...

Judge Dennis Helmick of the Hamilton County Common Pleas Court ruled that Darryl Gumm was mentally retarded and was exempted from execution by a 2002 U.S. Supreme Court ruling in Atkins v. Virginia.
Darryl Gumm, was convicted in 1992 for the beating death that year of a 10-year-old boy, Aaron Raines. Gumm, 39, and another man lured the boy into an abandoned building, where he was killed when he refused to perform oral sex on the men, prosecutors said.
Michael Bies, 33, was convicted with Gumm and sentenced to death. His attorney made similar retardation arguments, but was rejected twice by a Hamilton County judge last year.