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FILE - In this Nov. 5, 2013 file photo, Sidney High School students fold the American flag at the end of a school day in Sidney, Mont.  Almost two years after the murder of a long-time math teacher at the school, 43-year-old Sherry Arnold, Michael Keith Spell's bid to avoid trial and a potential death sentence in the killing of Arnold goes before a state judge Monday, March 24, 2014,  to decide if the defendant is mentally disabled. His attorneys say  Keith Spell, 24,  has the mental capacities of a first-grader and is unfit for trial. If Judge Richard Simonton agrees, Spell could be sent to a state institution indefinitely. He’s charged with murdering Sherry Arnold in Jan. 2012 as she was jogging near her home in Sidney, Mont., then burying her body in North Dakota. An accomplice, Lester Van Waters, Jr.,  pleaded guilty under a plea deal that calls for him to testify against Spell.  (AP Photo/Matthew Brown)

FILE - In this Nov. 5, 2013 file photo, Sidney High School students fold the American flag at the end of a school day in Sidney, Mont. Almost two years after the murder of a long-time math teacher at the school, 43-year-old Sherry Arnold, Michael Keith Spell's bid to avoid trial and a potential death sentence in the killing of Arnold goes before a state judge Monday, March 24, 2014, to decide if the defendant is mentally disabled. His attorneys say Keith Spell, 24, has the mental capacities of a first-grader and is unfit for trial. If Judge Richard Simonton agrees, Spell could be sent to a state institution indefinitely. He’s charged with murdering Sherry Arnold in Jan. 2012 as she was jogging near her home in Sidney, Mont., then burying her body in North Dakota. An accomplice, Lester Van Waters, Jr., pleaded guilty under a plea deal that calls for him to testify against Spell. (AP Photo/Matthew Brown)

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