How a death penalty trial comes forth in Arizona

We take a closer look into how exactly a death-penalty-based trial functions on the defense side, News 11's Cody Lee reports

YUMA, Ariz. (KYMA, KECY) - The death penalty is on the table for the Yuma man accused of killing his girlfriend and her toddler son nearly three weeks ago.

According to a defense lawyer with Arizona Capital Representation Project, the state’s death penalty laws are broad and give prosecutors lots of leeway. But the attorney says that doesn't automatically mean someone will get the death penalty.

Natman Schaye, is a senior capital trial lawyer, for the firm.

“The aggravating factors are supposed to narrow the number of people eligible for the death penalty not supposed to be every intentional murder for the death penalty.”

If the case ends up going to trial, there are three phases. The first phase is the typical guilt and innocence trial. Following a guilty verdict, the State of Arizona has to prove if there are aggravating factors that qualify for sentencing someone to death.

Schaye explains what happens in the third phase.

“The penalty phase. Which is different from other trials instead of deciding facts that people argue about each juror is asked to make a personal moral judgment as to whether the defendant should live or die,” he said.

With the suspect now undergoing a mental health examination, schaye says the defense has to prove that the person was unable to understand right from wrong.

“In a penalty phase, it's much broader I mean all it takes is one juror to feel like the client's mental illness may have affected his ability to control his actions or at least merit some, some sympathy,” he said.