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Photo Office of the District Attorney District Attorney Richard A. Brown discusses his decision to seek the death penalty in the event of a conviction of John B. Taylor, one of two men indicted for the murder of five Wendy’s employees and attempted murder of two others at the Flushing restaurant last May. With regards to the other defendant, Craig Godineaux, Brown said he would not seek the death penalty because he had determined that Godineaux is mentally retarded as defined by New York state law and therefore cannot be executed.