Attorney: Death penalty may be out in family massacre case


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HOUSTON (AP) — The attorney for a man accused of fatally shooting eight people at a suburban Houston home says his client may be intellectually disqualified for a death sentence if convicted.

Philip Scardino is the lead attorney for David Ray Conley, who's charged with three capital murder counts and accused of shooting dead his estranged ex-girlfriend, her husband and six children, including his own son.

Scardino tells the Houston Chronicle (http://bit.ly/20ML6Pw) that Conley is undergoing tests and the results aren't yet available, but there's some indication that that he may have "an intellectual disability."

The U.S. Supreme Court has ruled that the intellectually disabled are disqualified from execution.

Harris County District Attorney Devon Anderson has made no decision yet on whether a death sentence will be sought in Conley's prosecution.

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Information from: Houston Chronicle, http://www.houstonchronicle.com

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