@AnnaB1962: that is an instruction they have repeatedly given and will give again here
@Staniel: From my understanding of my visit and tour of the Colosseum last year, that is a misconception of the use of that building
Staff brings in the missing form, judge verifies them, and asks they be distributed
The missing page goes into instruction #4
Judge Samour will now read the 22 instructions aloud
#1 explains phase 2 is complete and lists admonishments
@LG: about an hour, he said
I'm going to get focused now on what the judge is saying, so please be patient if comments are delayed
Instruction #1 also contains the standard rules that jurors cannot be communicating about the trial, researching outside sources, consider outside information, tell people about the case, etc
Jurors will not be allowed to bring cell phone into the deliberation room (note that they can't have it in courtroom either)
Instruction #1 says that in this phase, each of the jurors will be called upon to deliberate based on their "individual reasoned moral judgement"
Instruction #2: Defines mitigating factor. "It is not a justification or excuse for the crime..." but instead as "diminishing the defendant's culpability or the appropriateness of the death penalty"
Jurors can consider any evidence they want as mitigating, and that means any list in the coming instructions are not a limit on their considerations
But jurors cannot cross the mitigating and aggravating factors
#3 contains statutory mitigating factors
1. age at the time of the crime. 2. capacity to appreciate wrongfulness (mental illness) 3. emotional state of the defendant at the time. 4. Absence of prior conviction 5. Extent of cooperation with officers. 6. Any other evidence introduced
Instruction #4 says jurors can also consider these things, asserted by the defense: 1. Experts agree that defendant has mental illness. 2. Experts agree defendant isn't faking. 3. chronic illness was the cause of the shooting. 4. Defendant was genetically loaded to develop psychological disorder with family history. 5. Defendant was 24 yoa at the time of the shooting, a time when schizophrenia onset occurs. 6. Defendant had no previous arrests. 7. Defendant's move to Salinas/Oak Hills, lived in a loving home. They continue to support him. 8. Friends and neighbors describe him as a good kid.
Continuing list from instruction #4: 9. Defendant participated in typical activities in elementary school, like piano and sports. 10. Younger sister was born 5 years later. Defendant took a big sibling class to prepare. 11. Castorville teachers described defendant as a bright, well-liked child