CHAPTER 1 − STATUTORY DEFINITIONS
COPYRIGHT  2011, STATE BAR OF ARIZONA 47
1.6(d) − Definition of “Especially Cruel, Heinous or Depraved”
Concerning this aggravating circumstance, all first-degree murders are to some extent heinous, cruel or depraved. However, this aggravating circumstance cannot be found to exist unless the State has proved beyond a reasonable doubt that the murder was “especially” cruel, “especially” heinous, or “especially” depraved. “Especially” means “unusually great or significant.”
The terms “especially cruel,” or “especially heinous or depraved” are considered separately; therefore, the presence of any one circumstance is sufficient to establish this aggravating circumstance. However, to find that this aggravating circumstance is proven, you must find that “especially cruel” has been proven unanimously beyond a reasonable doubt or that “especially heinous or depraved” has been proven unanimously beyond a reasonable doubt.
The term “cruel” focuses on the victim’s pain and suffering. To find that the murder was committed in an “especially cruel” manner you must find that the victim consciously suffered physical or mental pain, distress or anguish prior to death. The defendant must know or should have known that the victim would suffer.
The defense will be better off not contending this. They will only further tick this jury off. There's no question about the extreme cruelty, no matter how they try to spin it. NO WAY. Sit down and shut up. Unless JA is still calling the shots and can find a way to get a few more digs in. Always possible.