I'm gonna be real brief. But remember when we were back there in voir dire and I asked each and every one of you, "Under the appropriate circumstances, could you and would you consider the death penalty?" And I didn't ask you "Would you put somebody to death?" or "Are you definitely against it?" I said under the appropriate circumstances -- and that's what Arkansas law does, it says under an appropriate set of circumstances, the death penalty is, is appropriate and is authorized. And each of you said that you could consider it and if the appropriate set of circumstances existed, then you could render a verdict returning the death penalty.
I ask you when you go back there, because the aggravating factor that you must find for the State -- and it's listed -- is the cruel and depraved manner in which they were killed. And I ask you to go back there and look at that photograph of Michael Moore. And look at what was done to him, and then determine if that is an appropriate circumstance to render the death penalty. And I ask you to look at the picture of Stevie Branch, and look at what was done to him -- the torture that that child went through -- and I ask you to ask yourself if there was ever an appropriate circumstance to return the death penalty, what would it be, is this it? And I ask you to look what happened to Chris Byers. And if that is an appropriate circumstance. And I put to you, and it's your decision -- and you're the moral judgment of this community -- but I put to you that when you look at those photographs, that the injuries to those children -- if there is ever, if there is EVER, an appropriate case for the death penalty in the State of Arkansas, you've got it in your hands right now.
When you go back there and they've talked about mitigating factors, and I acknowledge, I agree, you'll see a list of them and there are some mitigating factors that you will find. You'll find them there. And you'll make one decision. Did the mitigating factors in this case -- how do they compare? And the instructions tell you what you weigh and how much you weigh, but did the aggravating factors beyond a reasonable doubt outweigh any mitigating factors that you find, in each instance. And I put to you in this case, if there ever is one, the cruel and depraved manner in which these children were killed, the age of the children that were killed, the manner in which they were killed, that, that, there, there will never be a case with facts appropriate for finding that aggravating circumstance like you have here. I ask you to look at that, I know it will be a very tough decision.
I want to thank you for your service here, because from the day you walked in this courtroom -- and I think all the attorneys will agree -- this case is gonna mark everybody that's been involved with it for life. It will affect you. But I ask that you go back there, look at this, do what you were told -- you told me you would do, under the appropriate circumstances and return a verdict of death. Thank you.
THE COURT: Alright, ladies and gentlemen, you may now retire to the jury room to consider your, uh, decision and your verdicts. And to make your findings.
