Raymond Smith is mentally retarded and cannot be executed, county Common Pleas Judge Christopher Rothgery ruled today.

Raymond Smith is mentally retarded and cannot be executed, county Common Pleas Judge Christopher Rothgery ruled today. Rothgery instead ruled that Smith, 68, will serve a life prison sentence in the 1994 murder of police informant Ronald Lally. Rothgery's decision comes on the heels of an Ohio Supreme Court decision to remove Clifton White from death row earlier this month (see April 9) after he was found mentally retarded. Luc Lecavalier, the defense psychologist who examined Smith, testified during a hearing last year that Smith's IQ was 69, just below the threshold that makes execution unconstitutional.