HHJP: that the agg factors alone are not suff you must recommend LWOP rather than a sentence of death. The process is not a mechanical process. The law contemplates that different factors will be given different weight by different jurors. You and you alone decide what particular factor is given what weight. It is left up to you to weight them. You can give them some weight, great weight or no weight at all. Would you have any problem following that instruction?
No, I would not.
HHJP: you have weighed them, sifted through those and if those facts and circumstances said that DP needed to be imposed could you recommend?
No. I know it is the law but that would be difficult for me to do. Something I have never felt is my decision, hard for me to do.
HHJP: could you consider it and if you felt it was necessary, do it?
I guess I could consider it, being one to make that decision it would be pretty tough for me.
HHJP: no one knows what they will do. but can you consider it?
you are right, you can adapt but standing here today it would be difficult to do.
HHJP: it is the most difficult thing to do for one human being to look at another human being and say that "you should die." That is a brave, brave human.
I agree.
HHJP: could you recommend LWOP?
No. I wouldn't have a problem recommending LWOP.
HHJP: you kind of said you could consider death. think about it and I will get back to it. would your view on the dp, would that prevent you in any way in the first phase from finding the defendant guilty because you would be afraid the dp would be imposed?
No. It wouldn't.
HHJP: if you were there and you found the defendant guilty of murder in the first degree,(lost it sorry)
It would be difficult for me to sentence death but I would have to consider it is my duty, could I actually do it...I am saying I can't really...things would change over the course of eight weeks, I have a hard time giving someone death.
HHJP: how you feel now would you automatically vote no for death without going by the instructions?
No, I would go by the instructions.
HHJP: asked him again.
No, I would not.
HHJP: if you got to that stage would you close your eyes and say no way...
no.
