[John Jamieson]

If a new juror is selected and doesn't believe that DW was proven guilty, how can they determine life or death?

[Jaded]

I don't think at this point that makes a difference. The only determination would be life in prison or t'kill 'im. If the jury hung on this decision then Dusek would have the option to re-try, as it were, the penalty phase. If he opted not to which seems unlikely the judge could impose the sentence. I may be incorrect that the judge has the choice of penalty and that the judge can only impose life.