mr. winsor we don't allow all factors to be considered, do we? with the state have been able to refute his assertion of mental retardation by pointing to the fact that he's the one who sees the young woman, who pushed her into a car, who drove the car with his accomplice following in another car and who killed her and killed a policeman too later. could the state bring that it and say somebody who is mentally retarded enough, so mentally retarded as to not be responsible and not be subject to the death penalty certainly could not pull this off. this is not a person who is that mentally retarded. could the state show that? >> the state has a -- on the adaptive functioning portion of the test. there's a three-pronged test the intellectual which has historically been about iq until recently in adaptive functioning talks about how people react in the ordinary world to difficult situations and some of what you talked about mayor and may not be relevant but further responding to the earlier question it's not that florida is not allowing evidence that f

mr. winsor we don't allow all factors to be considered, do we? with the state have been able to refute his assertion of mental retardation by pointing to the fact that he's the one who sees the young woman, who pushed her into a car, who drove the car with his accomplice following in another car and who killed her and killed a policeman too later. could the state bring that it and say somebody who is mentally retarded enough, so mentally retarded as to not be responsible and not be subject to the death penalty certainly could not pull this off. this is not a person who is that mentally retarded. could the state show that? >> the state has a -- on the adaptive functioning portion of the test. there's a three-pronged test the intellectual which has historically been about iq until recently in adaptive functioning talks about how people react in the ordinary world to difficult situations and some of what you talked about mayor and may not be relevant but further responding to the earlier question it's not that florida is not allowing evidence that f