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Thursday, January 17, 2013
The man accused of killing an Anniston police officer in 2011 may been deemed competent to stand trial. 25-year-old Joshua Eugene Russell was in court Wednesday where prosecutors and defense attorneys discussed results from an IQ test he was given in July of 2012.
According to The Anniston Star, psychologist Glen King administered the test at the Etowah County Jail and believes Russell intentionally scored a 52 to avoid the death penalty. The U.S. Supreme Court ruled in 2002 that defendants scoring less than 70 on an IQ test are considered mentally disabled and are protected by an Eighth Amendment right that bans cruel and unusual punishment.
King said school records show Russell scored a 93 on a similar test while he was in school and also had passing grades in math, science, and history classes which would imply Russell does not suffer from a mental disability.
Defense attorneys asked Circuit Judge Brian Howell to consider sending Russell to a secure medical facility for further evaluation. Another hearing is scheduled for February 22.
Russell has been charged with capital murder in the 2011 death of 27-year-old Justin Sollohub, who was shot and killed while chasing a suspect.
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Keywords: Anniston Police Officer Justin Sollohub Joshua Eugene Russell Star Etowah County Jail Glen King Judge Brian Howell competency capital murder
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