DEATH PENALTY phase

DEATH PENALTY phase

Michael Davis case

Last week, jurors found 18-year-old Michael Davis guilty of aggravated murder and aggravated arson. This week, for the “second trial,” jurors will consider whether he should die for the deaths of two adults and four children. They will consider trial evidence and listen to witnesses from Davis’ background.

During a short opening statement, the prosecution will offer into the record all the evidence and witness testimony jurors were exposed to during trial.

The defense said it will call witnesses from Davis’ background, including his mother, and a psychologist to discuss, among other things, his mental capabilities.

Jurors will then deliberate and come back with a decision for the death penalty; life without parole; 30 years to life; or 25 years to life on each of the six murders. If they vote for the death penalty, Judge R. Scott Krichbaum will consider the recommendation and announce when he has reached a decision. The judge can override the jury decision for death. He cannot override if jurors vote against death.

Source: Prosecution and defense lawyers in the Davis case