- 13.03.01

Prosecutor Rules Out Death Penalty

FREDERICK, Md. (AP) - Prosecutors said they would not seek the death penalty in the murder of a young boy because the suspect is mentally retarded. Under Maryland law, Elmer Spencer Jr., 45, cannot be put to death because his intelligence quotient consistently measured at less than 70 which impairs his ability to survive on his own, prosecutor Scott L. Rolle said. Rolle said he would seek the maximum penalty of life without parole if Spencer is convicted of murdering 9-year-old Christopher Ausherman. The boy's body was found in a Little League ballpark dugout six days after Spencer was freed from a state prison where he had served 3 years of a 10-year sentence for assault. ``If Elmer Spencer was eligible for the death penalty, I would have sought it in this case,'' Rolle said. ``The law simply does not allow it.'' Spencer's attorney, Franklin Stillrich, said he was not surprised by the decision. Spencer's trial will begin May 29.