Hatfield
Well-Known Member
- Joined
- May 3, 2012
- Messages
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I do not think they can decide the murder was not especially cruel. That has already been established by the first jury and this would not be a death penalty case anymore if the first jury had decided otherwise.. All this jury can decide is whether there are mitigators that outweigh the aggravators.
This is what is so frustrating about this sentencing phase. We know how it should go, but the reality is the defense is going to re-try the "guilt phase" too. And I am afraid that Juan and the judge are not going to do near enough to stop them from that.