[FresnoDA]

MUDD DECIDES.....HE DIES OR HE WALKS....NO MIDDLE GROUND

The judge in the trial of David Westerfield, accused of kidnapping and killing 7-year-old Danielle van Dam, refused August 2, 2002 to tell jurors they could convict him of lesser murder charges that might spare him life in prison or the death penalty. Westerfield is seen during his trial at the San Diego courthouse on July 24. (Dan Trevan/Pool via Reuters)

Fri Aug 2, 8:28 PM ET

[cyncooper]

Your headline is a bit misleading.

The choice is not death or he walks. From your article excerpt in your post:

that might spare him life in prison or the death penalty.