A judge ruled Kishon Green mentally retarded after a three day hearing.
Green is accused of killing his 10-year-old son Antwan and his son's half brother Frederick Thomas. He is also accused of stabbing and beating his girlfriend with a baseball bat.
Judge Jim Smith said it was one of the most horrific crimes in the history of Madison County.
The court believed the death penalty was the appropriate punishment, but under the ruling, Green will not be eligible. Instead, maximum penalty will be life in prison without parole.
Judge Smith said it was one of the most difficult decision he has had to make in his 18 year tenure.
Reports stated that the evidence for his mental retardation was "not only sufficient, it is overwhelming."
A trial date has not been set yet.
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