[QUOTE=mikeod;368617]The state brings indictments to the trial. While each charge carries potential sentences, the actual sentence is determined during the penalty phase if the defendant is convicted. In this case, there were three felony charges, each of which has potential sentences, including death. The state did not "demand" death. It presented charges, tried to prove them to be true, and would then, if it won, have entered the penalty phase to argue which sentence would be appropriate. But the state doesn't determine the sentence, the judge and jury do.
Frankly, I don't believe the state ever considered that the murder 1 charge would stick. In fact, I remember a retired judge commenting that he was surprised the trial judge did not summarily dismiss the murder 1 charge before handing the case to the jury, since the state provided no evidence that supported that charge.[/QUOT
if the prosecution did not believe that the first-degree murder charge would stick then they clearly and intentionally over charged in this case. This could very well be why they lost.
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