They say his IQ isn't high enough for him to face the death penalty.
Today, Lewis Buck Ballard's lawyers made that argument, during a hearing in Bourbon County.
Ballard is accused of molesting and killing six-year-old Wesley Mullins two years ago.
Prosecutors say Ballard's IQ is high enough for the death penalty.
The judge heard arguments from that side as well today, and is expected to make a decision by Monday.
Ballard is scheduled to go on trial in October.