RALEIGH -- Lawyers for a man accused of murdering a woman kidnapped from a downtown Raleigh parking deck say their client is mentally retarded and ineligible for the death penalty.

Antonio Chance, 30, is accused of killing Progress Energy worker Cynthia Moreland.

Attorneys say on several IQ tests, he scored below levels for the mentally retarded.

On Wednesday, a judge in the case said a jury will determine if Chance is mentally handicapped.

Moreland, 48, was kidnapped from a downtown Raleigh parking deck in August 2006. Her body was found two weeks later behind an abandoned house in Harnett County.