If the jury finds he is eligible, they will move to a final phase of the trial, called sentencing selection, to consider whether to recommend the death penalty for the capital offenses in light of all aggravating and mitigating factors. This final phase is expected to last several weeks. The jury can also decide Bowers is ineligible for the death penalty at this stage, ending their deliberations and resulting in life sentences for the capital counts.
The defense team has focused on the threshold intent factors in the case, attempting to prove that Bowers was incapable of forming the intent to kill or inflict serious harm due to mental illness, which Burt emphasized in his 90-minute closing argument. “People don’t go into a church and kill a bunch of older people for no reason,” Burt said. “We’ve tried to provide you with reasons that we think explain how this horrible crime could’ve happened.
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