[cyncooper]

No, If Westerfield is found guilty on all counts the sentence is not automatically death penalty. It could be life in prison.

I think the charge the defense wanted---first degree murder only, would not be eligible on its own for the DP.

[kayti]

I also believe that a first degree murder conviction requires the element of 'pre-meditation' and Feldman wanted them to deliberate that there was none in this case.

[cyncooper]

I am reviewing transcripts from a hearing that was held today about jury instructions.

In light of your theory that DW committed the crime and spent the weekend disposing of evidence and formulating a plan I thought you'd be interested in this exchange between Westerfield's attorney, Boyce and the judge.:

MR. BOYCE: YOUR HONOR, CERTAINLY IF THERE WERE FLIGHT IN THIS CASE THE PROSECUTION WOULD BE REQUESTING 2.52. THEY GET 2.06 REGARDING CONCEALMENT OR DESTRUCTION OF EVIDENCE. AND, LIKEWISE, WE SHOULD -- THE DEFENSE SHOULD BE ENTITLED TO AN INSTRUCTION ON THE LACK OF FLIGHT IN THIS CASE. THE JURY CAN CONSIDER THAT AS SHOWING THAT -- AS AN INDICATION THAT MR. WESTERFIELD IS NOT GUILTY.

THE COURT: WELL, REASONABLE MINDS MAY DIFFER AS TO WHAT THE STATE OF THE EVIDENCE IS ON THE QUESTION OF FLIGHT. I THINK A VERY CLEAR ARGUMENT BASED ON THE STATE OF THE EVIDENCE COULD BE MADE THAT HE DID IN FACT FLEE AFTER COMMITTING THE CRIME. BUT THE PEOPLE HAVE NOT REQUESTED 2.52. AND TO PUT IN YOUR PROPOSED NUMBER 8 AND TWIST IT THE WAY IT IS TWISTED DOESN'T REFLECT THE STATE OF THE EVIDENCE BY ANY MEANS.