Reviewing Idaho law and the sentencing instructions I don't see how the jury could possibly
not impose the death penalty.
[7a] If the jury finds that a
statutory aggravating circumstance exists and no
mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court...
[9] The following are
statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:
[9b] At the time the murder was committed the defendant also committed another murder.
[9d] The murder was committed for
remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.
[9e] The murder was especially
heinous, atrocious or cruel, manifesting exceptional depravity.
[9f] By the murder, or circumstances surrounding its commission, the defendant exhibited
utter disregard for human life.
[9h] The murder was committed in the perpetration of, or attempt to perpetrate...
ritualized abuse of a child... and the defendant killed, intended a killing, or acted with reckless indifference to human life.
legislature.idaho.gov
If you unanimously find that the State has proven the existence of [the] [a]
statutory aggravating factor, then you must so indicate on the verdict form. You must also then consider whether any
mitigating circumstances exist that make the imposition of the death penalty unjust...
A
mitigating factor is any fact or circumstance, relating to the crime or to the defendant’s state of mind or condition at the time of the crime, or to [his] [her]character, background or record, that tends to suggest that a sentence other than death should be imposed. A mitigating factor does not have to constitute a defense or excuse or justification for the crime, nor does it even have to reduce the degree of the defendant’s blame for the crime. In that regard, my instructions given at the end of the trial that you were not to allow sympathy for the defendant to enter your deliberations do not apply at this sentencing proceeding. Mitigating factors may include
any fact or circumstance that inspires sympathy, compassion or mercy for the defendant. Evidence supporting the existence of a mitigating factor may come from the trial or this sentencing hearing, whether produced by the defendant or the state...
Additional evidence may be presented during the sentencing hearing. You may also consider the evidence presented during the trial...
The Defendant has the right to personally address you. This is called the “right of allocution.” Allocution is not made under oath and is not subject to cross examination. The law provides that these statements are something that the defendant is allowed to present to you as mitigation. You may consider these statements in your deliberations...
I don't know what mitigating factors the Defense could even try to present at this point. He's been excommunicated, so "he's an asset to his church community" is out. His kids showed such a lack of emotion regarding Tammy's death that I don't think them pleading in
his favor would garner much sympathy (plus, they're all adults now; not like he's going to leave underage children for someone else to care for.) His own lack of remorse (or really, ANY emotion at all, aside from smugness and contempt) isn't going to ingratiate anyone to him, either, if he were to speak on his own behalf.
