Procedure the Nichols jury faces

January 5, 1998
Web posted at: 9:26 p.m. EST (0226 GMT)

DENVER (CNN) -- In his instructions to jurors in the trial of Terry Nichols, U.S. District Judge Richard Matsch on Monday spelled out specific guidelines they must weigh in considering whether to recommend a sentence of death or life in prison.

Before recommending a death sentence, he said, jurors must agree that Nichols knew what he was doing when he entered the criminal conspiracy with convicted bomber Timothy McVeigh and acted with "evil intent," knowing there was "a grave risk" that people would be killed.

The jury is to recommend a sentence only on the conspiracy charge against Nichols, while the judge will decide the sentences for the manslaughter convictions.

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Questions for the Nichols jury

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The jury convicted Nichols of conspiring to use a weapon of mass destruction and of eight counts of involuntary manslaughter.

In its task, the jury can choose the death penalty or life in prison without parole, or it can ask Matsch to decide the sentence. In that case, Matsch said he can impose a sentence of life in prison or a lesser sentence.

Before making a recommendation, the jury must answer a series of questions. Once the jury returns with its decision, the judge will read these questions in court.

The first two questions involve "intent to cause death." The jury must say "yes" to one of those questions for its role to continue.

If the answer to both is "no," then the jury's work ends and the judge must decide the sentence.

The next three questions involve "statutory aggravating factors." Again, if all three are answered "no," the jury's role stops and the judge decides the sentence. If one of the three questions is answered "yes," the jury process continues.

The next three questions involve "non-statutory aggravating factors." The answer to these questions can be "yes" or "no." The jury process continues regardless of the answers.

The last set of questions comes from the defense and involves "mitigating factors." Jurors report in writing how many of them agree with each of the statements offered. The judge then reads each statement and says how many jurors agree with it.

If the process has gone this far, the judge then reads the sentence. He will say, "Based upon this consideration the jury recommends, by unanimous vote, that the following sentence be imposed. ..."

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