Jury gets its instructions

“The purpose of this eligibility phase is to determine whether the defendant is eligible for the death sentence, not whether a death sentence is imposed,” Judge Edward Lodge cautioned the jurors. The jurors must agree unanimously, beyond a reasonable doubt, on three items in order to find Joseph Duncan eligible for the death penalty:

1 – That the defendant was at least 18 years old at the time of the crime (he was 42);
2 – The existence of at least one threshold intent factor, showing that he committed the crimes intentionally; and
3 – The existence of at least one statutory aggravating factor. Multiple aggravating factors have been cited in the case, including vulnerability of the victim and committing the crimes in an especially heinous, cruel or depraved manner.

Those three items must be determined for each of the three capital counts to which Duncan has pleaded guilty – kidnapping resulting in death; sexual exploitation resulting in death; and using a firearm in relation to a crime of violence resulting in death.

Closing arguments will be given in the morning, and at some point after that, the jury will begin deliberating. If they find Duncan eligible for the death penalty, the second phase of the sentencing trial will begin, in which jurors will decide whether to impose the death penalty. In that phase, prosecutors will present evidence on victim impact and future dangerousness of the defendant, and the defense can, but doesn’t have to, offer mitigating evidence to weigh against the heinousness of the crime.