If he doesn't, then I'll be over on the GUILTY! side of the room. My husband thinks the reason he didn't testify at the trial was that all he could testify to would be a drunken blackout. Again, I would have risked it myself, just to be able to shout my innocence to the world. God would know & I would know, & if the world didn't know, it wouldn't be because I hadn't told them - it would be because they didn't believe me.
If he doesn't scream his innocence at the top of his lungs at the penalty phase, then he's not. The trial is OVER, & so is his life, either by needle or by fellow prisoner. There's nothing left to lose.
Did you know that if you are a criminal defense lawyer and you know that your client is guilty, you cannot allow your client to take the stand. You could get disbarred. If your client insists on taking the stand you have to approach the judge and tell him you must be relieved as counsel.
As an attorney you cannot ask your client a question if you know your client is going to lie.