But they are separate, aren't they???

The evidence of the case will serve to decide guilt or innocence. Once guilt 
is determined, an entirely different set of factors is then put into play to 
determine penalty. So to say "convict a guy to death with only 
circumstantial evidence", wouldn't be accurate. They convicted him of MURDER 
based on circumstantial evidence.

They then chose death based upon some other set of factors that reflected 
upon other circumstances of a murder, that they've already determined was 
indeed committed by him.

I don't think i'm making that distinction very clear, but maybe you can 
tread through it.....


>> Brian wrote:
>> Well, to clarify, the two jurors who agreed to talk with the media 
>> indicated
>> that his lack of emotion may have played a part in their decision during 
>> the
>> PENALTY phase of the trial.
>
> To me the death penalty should only be applied when there is
> overwhelming physical evidence that the accused committed the crime.
> In this case there is nothing except circumstantial evidence.
>
> I don't see how you can convict a guy to death with only
> circumstantial evidence.  I would admit it doesn't look good but if
> we're open minded about it he could've just been in the wrong place at
> the wrong time.
>
> I watched the Abraham's Report all through the trial and that seems
> like it was as good as being there as they had actual jurors, lawyers,
> and correspondents that were at the trial every day as well as the
> tapes.
>
> In my opinion the evidence doesn't warrant the death penalty and it's
> not even a close call.
>



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