Death penalty a possibility for Chastain Montgomery - wistv.com - Columbia, South Carolina |

Death penalty a possibility for postal worker murder suspect

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MEMPHIS, TN -

(WMC-TV) – Chastain Montgomery, the man charged with killing two workers at a Henning, Tenn. post office in October 2010, was back in federal court Friday.

Montgomery's defense attorneys argue he is not smart enough to be executed if convicted of the murders, but a trial will move forward regardless of what is decided about his mental capacity.

Michael Scholl says his client has had multiple IQ tests and on each one, scored below 70.

A report due back next week will determine whether Montgomery will be put to death if convicted or spend life in prison.

His trial date is set for April 7. But attorneys are due back in court February 7. Montgomery's defense will work to throw out his confession to the crime.

"He has difficulty, obviously, because of his mental health situation, understanding what's going on," said Scholl.

Attorneys are due back in court February 7th.

The complexity of selecting a jury that has not read or seen a lot of coverage on this case could be difficult, particularly if the government rules Montgomery can be executed.

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