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Updated: 3:35 PM Jul 9, 2005
More Debating Over the Norfolk Bank Slayings
Norfolk Opposing attorneys are debating over the medical and inmate records of convicted Norfolk bank killer Erick Vela.
Posted: 3:35 PM Jul 9, 2005Reporter: Andy Chaves |
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Opposing attorneys are debating over the medical and inmate records of convicted Norfolk bank killer Erick Vela.
His attorney was in court Friday, saying that the prosecution has not shown good cause to get past the doctor-patient privilege.
Vela's attorney argues that a defense expert's I.Q. test shows Vela is mentally retarded and, therefore, not eligible for the death penalty.
Prosecutor Joe Smith says the law on patient confidentiality doesn't preclude anything when retardation is raised in a murder case.
Smith wants the records to help his expert determine Vela's mental abilities.
The judge did not rule, saying that because Smith is on vacation, he will give Smith time to submit arguments.
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