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FILE - This undated photo provided by the Sidney, Mt., Police Dept. shows Sidney High School math teacher Sherry Arnold.  Michael Keith Spell's bid to avoid trial and a potential death sentence in the killing of Arnold goes before a state judge Monday, March 24, 2014,  to decide if the defendant is mentally disabled. His attorneys say Michael Keith Spell, 24,  has the mental capacities of a first-grader and is unfit for trial. If Judge Richard Simonton agrees, Spell could be sent to a state institution indefinitely. He’s charged with murdering Sherry Arnold in Jan. 2012 as she was jogging near her home in Sidney, Mont., then burying her body in North Dakota. An accomplice, Lester Van Waters, Jr.,  pleaded guilty under a plea deal that calls for him to testify against Spell. (AP Photo/Sidney Montana Police Dept., File)

FILE - This undated photo provided by the Sidney, Mt., Police Dept. shows Sidney High School math teacher Sherry Arnold. Michael Keith Spell's bid to avoid trial and a potential death sentence in the killing of Arnold goes before a state judge Monday, March 24, 2014, to decide if the defendant is mentally disabled. His attorneys say Michael Keith Spell, 24, has the mental capacities of a first-grader and is unfit for trial. If Judge Richard Simonton agrees, Spell could be sent to a state institution indefinitely. He’s charged with murdering Sherry Arnold in Jan. 2012 as she was jogging near her home in Sidney, Mont., then burying her body in North Dakota. An accomplice, Lester Van Waters, Jr., pleaded guilty under a plea deal that calls for him to testify against Spell. (AP Photo/Sidney Montana Police Dept., File)

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