Had the verdict been second-degree murder, the penalty would have been an automatic five years to life and there would have been no penalty trial. Under California law the same jury that returns a first-degree murder-conspiracy conviction must meet again at a second trial to fix the penalty. The defense has said it will put on a case as long or longer than the state’s, seeking life imprisonment instead of the death penalty on a contention there still is doubt as to guilt.ĭeath or life imprisonment are the only possible verdicts for convictions on first-degree murder. The prosecutor said he has about 50 witnesses ready for the penalty trial. Thursday for the penalty phase of the trial. 15, was ordered to return to court at 9 a.m. The jury of seven men and five women, who had deliberated 42 hours and 40 minutes since receiving the case Jan.
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