Wendy's Massacre Defendant Said Retarded

Nov. 21 -- New York prosecutors say they need more time to decide if they will seek the death penalty for two suspects in May’s horrific Wendy’s massacre.

In a surprising development, defense attorneys said on Monday that suspect Craig Godineaux, 30, is mentally retarded — and therefore, under law, cannot face death if convicted.

But outraged relatives of the five killed were also in the courtroom, wondering whether the perpetrator of such a horrific crime could in fact be mentally retarded.

Godineaux and John Taylor, 36, are accused of entering a Wendy’s in Flushing, Queens, on May 24 and ordering seven employees into a basement freezer. There, they allegedly bound and gagged their victims with duct tape, placed bags over their heads, then shot them one by one in the head during a robbery.

‘Overwhelming’ Evidence

In a May proceeding, Assistant District Attorney Greg Lasak called the case against Taylor and Godineaux “overwhelming” — including videotaped statements in which the two reportedly admit to the shootings.

Taylor reportedly said “no witnesses” was the reason for the killings, considered among the most brutal in Gotham history.

“[The victims] were marched single file into a big freezer box. They were told to get on their knees, and they were each shot by the defendants once in the head,” Lasak said in the proceeding, his voice filled with emotion.

Two of the employees survived the attack, in which $3,200 was stolen from the eatery. Police say most of that money was found at Taylor’s home.

60-Day Wait

The latest developments mean it will be another 60 days before prosecutors decide whether they will seek the death penalty. During that time, the defense will have to come up with evidence that Godineaux was mentally retarded prior to his 18th birthday, according to prosecutors.

The new deadline by with Queens District Attorney Richard Brown must make his decision is Jan. 21. But for the relatives of the victims, it’s already been too long.