Tomas Raul Gallo, 28, convicted of raping and murdering...

Tomas Raul Gallo, 28, convicted of raping and murdering a 3-year-old girl was sentenced to the death penalty. 7 men and 5 women convicted Gallo of capital murder last week, and, despite defense attorney's efforts to prove Gallo is mentally deficient, jurors delivered the Texas' most severe punishment. Gallo was babysitting his girlfriend's 2 daughters the morning of Dec. 11, 2001, and Destiny Flores, 3, was found that afternoon with more than 200 internal and external injuries, a 12-inch skull fracture and evidence of severe sexual assault. The U.S. Supreme Court banned the execution of mentally retarded defendants in 2002, but failed to define what "retarded" is. Gallo's IQ score of 68 and alleged mental deficiency disorders were not enough to convince the jury that his mental abilities are sub-average. The state introduced a surprise witness during the two-week trial - Gallo's former cell mate at the Harris County jail. Thomas Gilstrap testified that, in a fit of rage, Gallo admitted "he was the one that killed that little girl." Gallo was previously convicted of the same charge in 2002, but a mistrial was declared when a gravely ill juror was unable to complete the sentencing phase.