HHJP: One of the charges is first degree murder. Two phases. One is only to determine whether the state has proven beyond reasonable doubt the guilt of ICA as to the charge of Murder one along with the other charges. If she is found guilty of murder one we will go to a second phase known as the penalty phase. There are only two choices for murder one: LWOP or death. The questions we ask now are re: your opinions re: the death penalty. It is awkward, it is the cart before the horse. You are not to assume as a result of us asking these questions. Regardless of your opinions the key questions whether you are for it or against it-can you put your opinions aside and base on the facts and evidence and the instructions I will give you. The state is required to prove the agg factors, if we get to that stage they will present those factors. those factors must be proven beyond a reasonable doubt.
You also look at mit factors. 51/49 is the greater weight of the evidence. You will see if the mit and agg and you will weigh it and then determine what you think is a proper sentence based on the law I will give you. Do you have any opinion on the DP?
(Long pause) I have no opinion whatsoever, you are talking about someone's life...
Disturbance in the court room. A woman (heavy set, blonde hair was rushed out of the court room and the current potential juror was removed from the court room).
CM: discharge this witness based on her presence during that outrageous outburst.
JA: can't hear
HHJP: lets take a recess.