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Jury must be unanimous for sentence to be death

By Ron Sylvester - The Wichita Eagle - Tue, Nov. 05, 2002
The jury that convicted Jonathan and Reginald Carr on multiple counts of capital murder will now decide whether the brothers live or die.
The sentencing phase of the Carr brothers' death penalty trial begins today. Prosecutors and defense lawyers may present additional evidence on why the jury should or should not impose a death sentence.
There will be no hung juries in this stage of the trial. Under Kansas law, juries must unanimously decide to impose the death penalty. One dissenter will mean life in prison for the Dodge City brothers.
With 93 convictions between them, Judge Paul Clark could stack sentencing, making neither brother ever eligible for parole.
The exact sentence length has yet to be decided, however. Prosecutors and defense lawyers were hammering out jury instructions for the sentencing phase, just in case, when the verdict came down Monday afternoon. Now, those instructions will be necessary.
The jury will learn what the nondeath ranges of punishment will be. That's the result of a state Supreme Court ruling last year that said juries should be able to consider prison terms in their death deliberations.
The bulk of the penalty phase should belong to the defense as it presents what the law terms as mitigation -- reasons the jury should consider life in prison over lethal injection. But the law says mitigators are not considered excuses or meant to diminish the severity of the crime.
The state, meanwhile, must present its reasons to impose death -- known as aggravators.
"The state's objective is to prove the aggravators outweigh the mitigators," District Attorney Nola Foulston said after Monday's verdict.
The law outlines what aggravators the state may use to seek the death penalty. Foulston outlined the four she will pursue in the penalty phase:
More than one person was killed.
The killing was done for financial gain .
The murders took place to eliminate witnesses and avoid prosecution.
The killings were carried out in an atrocious manner.
Defense lawyers, who declined to comment after the verdicts, are expected to call mental health professionals and the defendant's relatives.
The state often doesn't have to provide any additional evidence, other than cross-examining the defense witnesses. Foulston said the verdicts showed the strength of their case.
But testimony isn't the only factor jurors can consider. They may also decide on life in prison based on any reason they choose, even if it's not presented by the defense.
http://www.kansas.com/mld/kansas/4445525.htm

For detais about the murders see: The Wichita Massacre
Wichita Massacre Trial Threads:
Wichita to revisit brutal slayings as testimony begins - 10/07/2002
Deputy recalls moment of discovering bodies [Wichita Murders] Day 1 - 10/07/2002
WICHITA MASSACRE TRIAL UNDERWAY Day 1 - 10/08/2002
Legal wrangling opens Carr trial [Wichita Murders] Day 1 - 10/08/2002
Carr trial: Survivor describes sexual attacks by armed intruders [Wichita Massacre] Day 2 - 10/09/2002
Witchita Case of Black Racist Crime Survivor's testimony horrifies courtroom Day 2 - 10/10/2002
Woman testifies that Carrs killed her friends in a soccer field [Wichita Massacre Day 3] - 10/10/2002
Prosecutors Downplay Racial Element in Kansas Murder Trial - 10/11/2002
Reginald Carr had $996, victims' credit card, watch [Wichita Massacre Day 4] - 10/11/2002
Wichita Massacre Audio of 911 Call by Female Survivor with Court Room Video Footage From Day 1- 10/11/2002
Victims' belongings linked to defendant [Wichita Massacre Day 5] - 10/12/2002
Trial opens window into night of fear - 10/13/2002
Media Ignore Kansas Interracial Mass Murder - 10/14/2002
AP Finally Reports Wichita Trial... But Mentions "White Supremacist" Support - 10/14/2002
Nosey mom tips off cops (Wichita Massacre) Day 6 - 10/15/2002
'I was afraid,' witness says [Wichita Massacre Day 6] - 10/15/2002
ATM photos shown in Carr trial [Wichita Massacre Day 7] - 10/16/2002
Testimony on cellist slaying fills Carr trial [Wichita Massacre Day 8] - 10/17/2002
Survivor says she caught STD [Wichita Massacre Day 9] - 10/18/2002
Carr trial to focus on guns and DNA [Wichita Massacre Day 10] - 10/19/2002
Luck, vivid memories helped cops [Wichita Massacre] - 10/20/2002
Wichita Massacre -- The Latest in the Black Racist Hate Crime Trial - Carrs linked to crime scene - Day 11 - 10/22/2002
Hate crime reversed - By Armstrong Williams - 10/23/2002
Evidence in Carr trial gruesome, unavoidable [Wichita Massacre Day 12] - 10/23/2002
Jurors view Wichita crime scenes / DNA ties Carrs to victims [Wichita Massacre day 13] - 10/24/2002
State to rest case against the Carrs [Wichita Massacre Day 14] - 10/25/2002
State rests; Carrs begin their side [Wichita Massacre Day 15] - 10/26/2002
DNA lets the dead speak in Carr trial [Wichita Massacre] - 10/27/2002
Carr jurors get break as deliberation rules ironed out [Wichita Massacre] - 10/28/2002
Multiple-killings suspect unlikely to testify [Wichita Massacre] - 10/29/2002
Survivor's police interview rattles Carr trial jurors [Wichita Massacre Day 16] - 10/30/2002
Carrs' defense rests; jury deliberation near [Wichita Massacre Day 17] - 10/31/2002
Deliberations begin in Carr trial - Closing arguments move juror to tears [Wichita Massacre Day 18] - 11/01/2002
Carr jury recesses for weekend [Wichita Massacre] - 11/02/2002
Behind the scenes during the Carr trial [Wichita Massacre] - 11/03/2002
Carr Brothers Guilty! - Carr Brothers GUILTY GUILTY GUILTY! - Carr Brothers Found Guilty of Capital Murder - 11/04/2002

Funny how the article does not say the criminals were black and ALL the victims were white. I bet if the races were reversed it would have been in the headlines.

This is a good. I bet there would be at least a hung jury.This jury did its job.

Thanks to Drudge for keeping this story visible and pointing out the grotesque double-standard wrt the victim/perp race and the Big Media's racist and propogandist NON-coverage of this horrifying case.

As he left the courtroom after the verdict, Reginald Carr appeared to smile and wink at family members of victims.

No comment.

DIE DIE DIE DIE DIE YOU FU**ING ANIMALS DIE DIE DIE

Sorry, just needed to vent. Oh, did I forget to say DIE DIE DIE

There is NO place on this planet for these abominations, remove them from the gene pool immediately.

The law outlines what aggravators the state may use to seek the death penalty. Foulston outlined the four she will pursue in the penalty phase:

More than one person was killed.

Check

The killing was done for financial gain .

Check

The murders took place to eliminate witnesses and avoid prosecution.

Check

The killings were carried out in an atrocious manner.

Check

I think the choice is clear.

"The trial is not over," said Val Wachtel, lawyer for Reginald Carr.

Wachtel and the entire defense team should be shunned by all decent society. They should be forced to change their names and move to some other state or -- better yet -- country.

Such lawyers are almost as evil as the perpetrators; they are accessories after the fact.

Kansas Death Penalty info

I've held off of pinging to this thread on a daily basis (much as I've backed off of the sniper threads), to keep from bogging down. But with the verdict, a new ping is warranted.

Black conservative ping

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