Dr. Edward Connor, the defense witness and a private psychologist, tested Ballard again this summer with an updated test. He scored a 66, significantly below the minimum.
Connor stopped short of diagnosing Ballard as suffering from mental retardation, but said the scores were within the range of mild mental retardation.
Connor was the only witness to testify in the hearing. Bourbon Circuit Judge Rob Johnson planned on continuing the hearing until Monday to allow for the prosecution's witness to appear and testify. At the end of Tuesday's hearing. Commonwealth's Attorney Gordie Shaw said Monday's hearing would not be necessary and that he would not be calling any witnesses.
Shaw argued that the IQ score was only one element of the statute's requirements, and that Ballard's attorneys didn't meet their burden and meet the other two.
Johnson said he would issue a written ruling by Monday as to whether Ballard is eligible for the death penalty.
Ballard has been in jail since August 2007, when Mullins' body was found in his grandfather's garage in Paris. Mullins, a student at Strode Station Elementary, died of multiple blunt force injuries.
The trial is scheduled for October in Bourbon County and is expected to take the remainder of the month to conclude.
Contact Fred Petke at fpetke@winchestersun.com.
