JSS:
It has come to my attention that a jury instruction was inadvertently left out of the instructions you received after the guilt phase. The baliff is going to hand each of you a copy of that instruction. The instruction should be inserted after paragraph 3, on page 10 of your final penalty phase instructions. Everyone have a copy?
I'm going to read the instruction to you, it reads:
If you unanimously find the defendant should be sentenced to life imprisonment the judge will sentence the defendant to either life imprisonment without the possibility of release, or life imprisonment with the possibility of release after 25 years.
“Life without the possibility of release from prison” means exactly what it says. The sentence of “life without possibility of release from prison” means the defendant will never be eligible to be released from prison for any reason for the rest of the defendant’s life. At the current time, there is no procedure for granting parole if the defendant is sentenced to life with the possibility of release from prison after 25 years.
Now at this time the attorneys will be given an opportunity to make a brief argument about this instruction.
JW: Good morning. The question with regard to this judge’s instruction is the fact that it’s telling you that if you sentence her, if you choose life in prison, you are sentencing her to die in prison. She will never get out. She will never walk out of prison if you choose life in prison. It means she will stay there for the rest of her life. The other part of the instruction tells you that it is up to the judge to determine whether or not that if you give her life in prison, whether or not the judge can give her the possibility of parole after 25 years. The last sentence of this instruction is very important, because at this time there is no procedure, there is no system in place to grant parole after 25 years. What that tells you is that if you give her life in prison, she will die there, she will never walk out – she will only be carried out. And so the question is before do you sentence her to die in prison or be sentenced to kill her. We ask you to sentence her to prison.
JM:
The jury instruction speaks for itself. You don’t need any of us to tell you that when the instruction says (begins reading from instruction here) “If you unanimously find the defendant should be sentenced to life imprisonment the judge will sentence the defendant to either life imprisonment without the possibility of release, or life imprisonment with the possibility of release after 25 years.
The decision as to whether or not it’s going to be a natural life sentence, without the possibility of release or an eligibility after 25 years is the judge’s, not yours. And there is a mention there that there is no procedure, however once the defendant is vested, or has been given the right to be eligible to be released at the end of 25 years – just because there’s no procedure now, doesn’t mean there isn’t going to be a procedure when that come up - if a defendant is vested with that right to be considered for release after 25 years. Because at that point, she can have a legal right – a legal right - to be considered for release after (JW:Objection) 25 years.
JW: Improper argument, misstates the law.
JSS: Overruled
JM: And that being the case, that’s an issue for another day – what procedure is going to be used at that time. However, the sentence is clear, or the statute and the jury instruction is clear that it’s the judges province – it’s the judges role to decide whether or not the defendant be eligible for release at the expiration of 25 calendar years, or whether the defendant will spend natural life. It doesn’t say that automatically if you say life, it’s going to be a natural life sentence. It just doesn’t say that, thank you.
JW:
The jury instruction is very clear, and the last sentence tells you that there is no procedure in place to grant her parole. There is no procedure that exists, so all that you can learn from taking this instruction is that if you are merciful and give her life in prison, she will not get out.
JSS:
All right, ladies and gentlemen you may retire and continue your deliberations