THE COURT: Alright. Anything else? Alright, I'm ready to read the instructions. Alright ladies and gentlemen of the jury, you have found both Damien Echols and Jason Baldwin guilty of capital murder. After hearing additional arguments of the counsel -- and I'm going to limit their arguments to twenty minutes, unless anybody has any strong objection -- I'm not gonna keep a direct clock, it will be loose, but I ask you to confine your arguments to within that time frame if possible. If you need an additional two, three minutes, you know, fine. You will then again retire to deliberate to decide whether they are to be sentenced to death by lethal injection or to life imprisonment without parole.
In determining which sentence shall be imposed, you may be required to make specific written findings as to the existence or absence of aggravating or mitigating circumstances. Appropriate forms will be provided for you, and I will now instruct you on the procedures that you must follow.
There are three forms for each count. That is for, similar to your previous verdicts, um, for you to use in reaching your decisions. And a verdict form for you to use when your verdict has been reached on each of the three counts for each of the defendants.
Form one, which will be handed to you later, deals with aggravating circumstances. The appearance of any particular aggravating circumstance on the form does not mean that it actually existed in this case. These are specified by law and are the only aggravating circumstances that you may consider. The State has the burden of proving beyond a reasonable doubt that one or more of the listed aggravating circumstances existed at the time of the commission of the capital murders. If you find unanimously and beyond a reasonable doubt that one or more of these aggravating circumstances existed, then you will indicate your findings by checking the approp -- appropriate space on form one. If you do not unanimously find beyond a reasonable doubt the existence of any aggravating circumstances, then you will cease deliberations and indicate on the verdict form a sentence of life without parole. If you do unanimously find one or more aggravating circumstances -- gentlemen, there's only one so I, only one that's listed -- if you do find one aggravating circumstance, you should then complete form two, which deals with mitigating circumstances.
Form two lists some factors that you may consider as mitigating circumstances. However, you are not limited to this list. You may, in your discretion, find other mitigating circumstances. Unlike an aggravating circumstance, you are not required to be convinced of the existence of a mitigating circumstance beyond a reasonable doubt. A mitigating circumstance is shown if you believe from the evidence that it probably existed. Form two is made up of four parts.
Part A is a list of mitigating circumstances to be checked only if you unanimously agree upon a particular circumstance -- that a particular circumstance existed. Part B is a list to be checked where some of you think a circumstance existed, but all do not agree. Part C is a list to reflect circumstances of which there may have been some evidence, but no member of the jury feels that the circumstance existed. The last part, D, is to be checked only if the jury concludes that there is no evidence of mitigating circumstances. After making the determinations required to complete form one and form two, if applicable, you will then complete form three.
In no event will you return a verdict imposing the death penalty unless you unanimously make three particular written findings on form three. These are:
First, that one or more aggravating circumstance existed beyond a reasonable doubt.
Second, that such aggravating circumstances -- or circumstance -- outweighs beyond a reasonable doubt any mitigating circumstances found to exist.
And third, that the aggravating circumstances justify beyond a reasonable doubt the sentence of death. If you make those findings, you will impose the death penalty. Otherwise, you will sentence the defendant to life imprisonment without parole.
After you have made your determinations on forms one and two, and have reflected your conclusions on form three, then you must check the appropriate verdict on form four. Each of you must sign the verdict form. You may now retire -- uh, strike that. I'm going to read one set of the four forms. And you must remember that there are six sets of these forms dealing with each count, and one for each, uh, three for each of the two defendants. And they should be considered by you as separate verdicts as to each defendant. Alright.
Form one reads as follows:
We, the jury, after careful deliberation have unanimously determined that the following aggravating circumstances, or circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder. There's ah, the statement is:
The murder of one of the defen -- one of the victims -- committed by, one of the defendants, was committed in an especially cruel or depraved manner, with an appropriate place for you to check should that be your unanimous finding and a signature space for the foreman to sign if it is a unanimous finding.
For definition purposes, cruel manner is defined by law: A capital murder is committed in an especially cruel manner when, as a part of a course of conduct intended to inflict mental anguish, serious physical abuse or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse or torture is inflicted. Mental anguish is defined as the victim's uncertainty as to his ultimate fate. Serious physical abuse is defined as physical abuse that creates a substantial risk of death or that causes protracted impairment of health or loss or protracted impairment of the function of any bodily member or organ. Torture is defined as the infliction of extreme physical pain for a prolonged period of time prior to the victim's death. Depraved manner is defined: A capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion or shows an indifference to the suffering of the victim as evidences a sense of pleasure in committing the murder.
Form number two, mitigating circumstances. Part A, uh, the first option:
We unanimously find in regard to -- one of the defendants -- that the following mitigating circumstances probably existed at the time of the murder. And you're indicated that you should check applicable circumstances and specify any additional ones not listed in the space provided.
Those mitigating circumstances in part A are:
The capital murder was committed while one of the defendants was under extreme mental or emotional disturbance;
The capital murder was committed while one of the defendants was acting under usual -- unusual pressures or influences or under the dominion of another person;
The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication or drug abuse;
The youth of the defendant at the time of the commission of the capital murder;
The capital murder was committed by another person and the defendant was an accomplice and his participation relatively minor;
The defendant has no significant history of prior criminal activity;
And then 'Other.' And you are to specify any other mitigating factors that you unanimously find in part A.
Part B. One or more of the members of the jury believe that the following mitigation -- migitaging circumstances probably existed but the jury did not unanimously agree. Those options are:
The capital murder was committed while the defendant was under extreme mental or emotional disturbance;
The capital murder was committed while the defendant was acting under unusual pressures or influences or under the dominion of another person;
The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication or drug abuse;
The youth of the defendant at the time of the commission of the capital murder;
The capital murder was committed by another person and the defendant was an accomplice and his participation relatively minor;
The defendant has no significant history of prior criminal activity;
Or 'Other.'
Part C has the exact same statements, that is prefaced as follows:
There was evidence of the following mitigating circumstance -- stances. But the jury unanimously agreed that they did not exist at the time of the murder. And then you would make the appropriate checks on the exact same statements or any other mitigating factor that you choose to consider. And that should be written in the space provided.
Part D, there was no evidence of any mitigating circumstances and you're to check that if appropriate and the foreman would sign in the place provided on form two.
Form three -- and again you're reminded that there are six forms, one representing each victim and three for each defendant -- reads as follows:
The jury, having reached its final conclusions, will so indicate by having its foreman place a check mark in the appropriate space, or spaces, in accordance with the jury's findings. In order to check any space, your conclusions must be unanimous. The foreman of the jury will then sign at the end of this form. It further reads:
We, the jury, conclude:
a) One or more aggravating circumstance did exist beyond a reasonable doubt at the time of the commission of the capital murder.
There are instructory comments following that. It says:
If you do not unanimously agree to check paragraph a), then skip b) and c), and sentence Damien -- uh, strike that -- the defendant to life imprisonment without parole on form four.
b) The aggravating circumstances outweigh beyond a reasonable doubt any mitigating circumstances.
You are then instructed by the following paragraph:
If you do not unanimously agree to check paragraph b), then skip c) and sentence the defendant to life imprisonment without parole on form four.
c) The aggravating circumstances justify beyond a reasonable doubt a sentence of death.
An instructory paragraph follows:
If you do not unanimously agree to check paragraph c), then sentence the defendant to life imprisonment without parole on form four.
The conclusory paragraph:
If you have checked paragraphs a), b) and C) then sentence the defendant to death by lethal injection on form four. Otherwise, sentence the defendant to life imprisonment without parole on form four. And again, the jury foreman is to sign where provided on form three.
Form number four is the verdict form. You've been given previous instructions by forms one, two and three. It reads as follows:
We, the jury, after careful deliberation, have determined that the defendant shall be sentenced to -- two options:
a) life imprisonment without parole;
b) death by lethal injection.
And it indicates that each juror, and there are twelve spaces provided on the verdict form four, must sign in the area provided. That is, all twelve of you must agree and sign.
Are there any questions? Gentlemen, anything additional? Alright ladies and gentlemen, you may now -- I'm gonna hand these to you in two packets. (THUMP, THUMP, THUMP) Yes? I'm sorry, argument. Yeah. Okay. I knew I was trying to skip something. Alright, you may argue your case. How do you want to break it up? You gonna use the full twenty minutes or you gonna use a part of the time and reserve some of it?
