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Durcho in court, mental capacity at issue

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EL RENO, Okla. -- A non-jury trial is set to begin for Joshua Durcho Wednesday in Canadian County Court.

Durcho is charged in the violent murders of his girlfriend and her four young children.

Court proceedings will focus on his mental competency.

The outcome of this week's hearing will determine whether prosecutors can seek the death penalty in the 2009 murder cases.

Oklahoma law prohibits death sentences if a defendant meets the state definition of mental retardation.