DADE CITY - Attorneys for a man accused in the rape and murder of his 9-year-old niece might claim their client, if convicted, is mentally retarded to spare his life.
Attorneys for 37-year-old Gary Elishi Cochran filed the notice last week in Pasco-Pinellas Circuit Court, even though the judge is not scheduled to set a trial date for at least a month.
Cochran is charged with first-degree murder in the October 1997 rape and murder of Sharra Ferger of Blanton. Authorities say Cochran and 22-year-old family friend Gary Steven Cannon abducted Sharra from her home and attacked her in a nearby field.
The state is seeking the death penalty for both.
In their motion, appointed defense attorney John Swisher said they might rely on the testimony of New Port Richey psychologist Don DelBeato "to establish mental retardation of the defendant."
That testimony could be used only if Cochran is convicted. During the penalty phase, a jury must advise the judge if they think the defendant should be put to death or serve life in prison.
Assistant State Attorney Phil Van Allen said the defense team's notice does not cover the guilt-innocence phase of the trial, where attorneys would also have to advise prosecutors in advance if they plan to claim Cochran was mentally ill or retarded.
Attorneys for Cochran and Cannon have said they may be closer to setting a trial date at a hearing in September.
