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Ashcroft Backs Off Execution of Retarded Man

Attorney General John Ascroft has backed off his demand for the death penalty for a mentally retarded man from Brooklyn, who was facing murder charges in Binghamton, NY.
Defense lawyers say that federal prosecutors in Binghamton have told them that the government now concurs with the defense's contention that Mr. McMillian is mentally retarded. Mr. McMillian's case was the focus of a story that appeared on Tuesday in The New York Times.

Terence L. Kindlon, one of Mr. McMillian's lawyers, said prosecutors told the defense team last night that they would file formal notice of the Justice Department's decision today in United States District Court in Binghamton.

"I can't imagine receiving better news," Mr. Kindlon said. "I'm walking on air."

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