HHJP: is giving the cart before the horse speech. he is telling the juror that all the talking about the dp is because they have to. each defendant is presumed innocent. do you have a problem with that?
no
HHJP: he is saying it must stay that way until the proponderance of evidence brought by the state outweighs that. the defendant does not have to prove anything. any problem?
no
HHJP: she has a right not to testify and you are not to hold that against her, do you understand or have a problem with that?
no
HHJP: if we were to get to that stage you will be given a list of agg and mit factors. agg must be proved beyond a reasonable doubt by the state. the mit need not be proven beyond a reasonable doubt but by a greater weight. 49/51. you understand?
yes
HHJP: some of the mit factors I want to go over with you. two main you may consider: the age and any other factor in her life...one thing I will instruct you on is as follows: the decision you give the court must be based on the law. if you determine one agg is found and that the mit do not outweigh the agg or in the absense of mit the agg is not sufficent you may recommend at DP rather than LWOP. However you are not required to recommend death. if you find the opposite....you must recommend LWOP rather than a sentince of death. any problem following that instruction?
no
HHJP: any opinions either philosophical or religious?
I am against it.
HHJP: remember what I told you earlier about being against the dp. would your views prevent you from finding the defendant guilty if the evidence so warrented?
no
HHJP: it would not bother you that if you found her guilty that the dp would be imposed?
I would be concerned but I could live with it.
HHJP: even though you are against it, can you consider it. would you automatically vote no to dp?
no
HHJP: so you would not automatically vote against the dp.
no, would not automatically vote against the dp.
HHJP: can you consider the dp?
yes
HHJP: if the facts and evidence, if after going thru the weighing...the process is not a mechanical process. different factors may be given different weight by different jurors. you and you alone decide what weight is given to a factor. hypothetical...after you weighed the agg and the mit...could you invision voting for a recommendation of death?
yes
HHJP: if on the other hand, LWOP, after you have weighed agg and mit, could you vote LWOP?
yes
HHJP: can you go against you personal feelings about DP, and apply the facts. any reservations?
no