JACKSONVILLE, Fla. (AP) — A Jacksonville judge has ruled that a man convicted of murder will receive an evidentiary hearing to avoid the death penalty.
A jury recommended a death sentence by 10-2 vote for Dennis Thurnado Glover, 50, after being convicted of killing Sandra Jean Allen, 51.
The Florida Times-Union (http://bit.ly/1lXlq85 ) reported Glover's defense team will argue he suffers from intellectual disabilities. The U.S. Supreme court ruled that executing the intellectually disabled amounts to cruel and unusual punishment and violates the eighth amendment.
Circuit Judge Mallory Cooper was scheduled to rule Friday on whether Glover received life in prison or the death penalty. Assistant public defender Michael Bateh argued the Supreme Court ruling allows him the opportunity to present more evidence of Glover's mental capacity. Cooper agreed.
The hearing is scheduled for the week of July 28 with the exact date to be set that Monday.
Glover told police he discovered Allen, who lived two doors away from his home, dead, saw two men running away and went to get help with other neighbors. DNA tests showed that Allen's blood was on Glover's shoes. His DNA was found on her face, neck and left hand. Allen was beaten, strangled and stabbed in the neck.