Ladies and gentlemen, this is a very difficult thing for me. Because I've been here for a month, advocating a different position. A long time ago, when I went to law school, I believed in the system, and I respect your verdict. But I would ask that you listen to me at this time, as I plead for my client's life.
I've made my arguments, and I've advanced my beliefs and my theories. The prosecutor has advanced his beliefs and his theories. And in your deliberations, you chose to believe the facts as presented from his perspective and his beliefs. So now I want to remind you of his beliefs and his perspectives. And I'd like for you to realize those things as you look at form two, which deals with those mitigating circumstances.
There are six itemized mitigating circumstances. Then there is one which is left up to your best judgment, some things that you may consider to be a mitigating circumstance when you determine whether or not Jason Baldwin should live or die. But of those six that are listed, I believe four of them are clearly applicable, even from the perspective of the prosecution.
Number one. Jason Baldwin has no significant history of prior criminal activity. There's been absolutely nothing told to you, this young man has ever done anything before. The law allows that evidence to be presented to you at this stage of the trial, and it was not presented, because there is no significant criminal history. The law says that can be considered as a mitigating circumstance, and I submit to you that there should be no other finding, but that Jason has no significant criminal history and you should so indicate on that verdict form. I believe even the State would concede that.
Number two, the youth of Jason Baldwin at the time of the commission of the capital murder. He's sixteen now, he was sixteen then. I think that's what is meant by youth, and I don't believe anybody would dispute that. You can look at him, and he's a young man.
I submit that even the State would agree that the capital murder was committed while Jason Baldwin was acting under unusual pressures or influence, or under the domination of another person. Today's Saturday, I, Thursday it was when we made closing arguments. Mr. Davis said that Damien is the leader and Jason is the follower. Those were his arguments, not mine. Those were, it was their argument that in these unofficial cults, they center around one person who's the dominating force, and the others sort of do as he so directs. That was the testimony of Dr. Griffis, and that was the position advanced by the State. So I submit to you that even the State would agree that capital murder was committed while Jason was acting under the domination of Damien.
Lastly, I submit that Jason Baldwin's activity in this matter was that of an accomplice, if at all. I don't know what your deliberations were, as to what activity he directly had, versus what activity he may have merely aided in, or attempted to aid in under the accomplice instruction. But from the evidence that I've listened to, I was unable to hear evidence that said that he was the direct participant, or the direct leader, but more of an accomplice, and I believe that's consistent with the State's position in this case.
Form three is really the form that says what your thoughts are, what your beliefs are. That one, that the aggravating circumstances did exist and that is something you have to find beyond a reasonable doubt. And you can read that instruction and it's fairly clear, and you can decide whether or not the capital murder of each one of those boys was committed under one of those circumstances. But if you do not find that, if you do not find that the definition of especially cruel and depraved manner has been met, then sentence Jason to life imprisonment without parole.
If you find that those aggravating circum -- that that aggravating circumstance does exist, but that the mitigating circumstances exist on form two that I just discussed with you, if you find those exist, find that they do not -- they are not overwhelmed and outweighed beyond a reasonable doubt by the aggravating circumstance, find that the mitigating circumstances outweigh the aggravating circumstances, and sentence Jason Baldwin to life imprisonment without parole.
But if you find that the aggravating circumstance does outweigh those four mitigating circumstances, which I believe you'll find, you must find that the aggravating circumstances so outweigh the mitigating circumstances that it justifies a sentence of death beyond a reasonable doubt. Regardless of what you find as to the aggravating circumstances, and regardless of what you find as to the mitigating circumstances, the law says you may still show mercy and give him life without parole. Your decision has already decided that Jason Baldwin will die in prison. The question is how will he die there. I ask for mercy. Thank you.
