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In this Friday, May 2, 2014 photo, John Deloney, center, stands with his defense attorneys, Tim McKenna, left, and Perry Ancona during a hearing in Hamilton County court in Cincinatti. Attorneys for 28-year-old John Deloney of Cincinnati argued Friday in Hamilton County court that their client should be declared "mentally retarded" under Ohio law. Ohio law uses the term to define anyone with an IQ below 70. Those who fall into the category are ineligible for the death penalty. The Cincinnati Enquirer reports that an agitated Deloney told the judge in the case that he's not mentally disabled and demanded that his trial start immediately. Deloney has pleaded not guilty to capital murder in the June 15, 2013, fatal shooting and robbery of Richard Evans at the Cincinnati pizzeria he owned. (AP Photo/The Cincinnati Enquirer, Kimball Perry) NO SALES

In this Friday, May 2, 2014 photo, John Deloney, center, stands with his defense attorneys, Tim McKenna, left, and Perry Ancona during a hearing in Hamilton County court in Cincinatti. Attorneys for 28-year-old John Deloney of Cincinnati argued Friday in Hamilton County court that their client should be declared "mentally retarded" under Ohio law. Ohio law uses the term to define anyone with an IQ below 70. Those who fall into the category are ineligible for the death penalty. The Cincinnati Enquirer reports that an agitated Deloney told the judge in the case that he's not mentally disabled and demanded that his trial start immediately. Deloney has pleaded not guilty to capital murder in the June 15, 2013, fatal shooting and robbery of Richard Evans at the Cincinnati pizzeria he owned. (AP Photo/The Cincinnati Enquirer, Kimball Perry) NO SALES

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