NEW ORLEANS - Convicted child killer Frank Cosey’s decades-old death sentence is being called into question after Judge Donald Johnson vacated the sentence in 2023, when it was determined that Cosey had an intellectual disability, making it unconstitutional for him to be sentenced to death.

Monday, attorneys for the state argued in front of the Louisiana Supreme Court that Cosey’s intellectual abilities should not prevent him from facing the death penalty for raping and killing a twelve-year-old girl in 1990.

During arguments, the state provided Cosey’s school test scores, IQ tests, and decades-old statements from witnesses about Cosey’s mental state and abilities, given that his scores were considered high compared to his classmates.

“All of these scores look back at how he was as a child, and he’s performing substantially above his peers,” the state's attorney said.

They argued that his scores were too high to be considered intellectually disabled.

“He has to prove by a preponderance of the evidence that he has significant subaverage intellectual functioning,” the attorney said. “His IQ score here rules that out."

On the other side, defense attorneys say that while Cosey excelled in math, able to count backwards from one hundred by intervals of thirteen, he was regularly underperforming in school and was well below grade level.

“We can’t tell by talking to someone or looking at someone whether they have mild intellectual disabilities. Someone with mild intellectual disabilities can develop normal syntax,” they said.

It’s unclear when the La. Supreme Court is expected to hand down a decision in the case.