INDIANA, Pa. (AP) - Defense attorneys say a 19-year-old man charged with beating his girlfriend's toddler to death shouldn't face possible execution if convicted because tests show the man is mentally retarded.
State police say Joshua Turner of Black Lick told them he beat 19-month-old Leonard McIntire after the child bit Turner's finger and ``wanted him to know what pain felt like.''
Indiana County District Attorney Thomas Bianco said the victim's age is one reason why he's pursuing the death penalty if Turner is convicted of first-degree murder in the beating last October.
But Turner's attorneys say a psychologist last year determined Turner has mental disabilities and limitations that would prevent his being executed under a 2002 U.S. Supreme Court decision.
A judge has not scheduled a hearing on the defense motion filed Tuesday.
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