But first, the presiding judge was to give jurors legal instructions and rule on pending motions, including whether prosecutors could seek the death penalty if Nichols is found guilty of 161 counts of first-degree murder for the bombing of the Oklahoma City federal building.
Nichols' defense attorneys allege they were never notified that prosecutors would seek the death penalty for the death of the unborn fetus of bombing victim Robin Ann Huff, who was 32 weeks pregnant.
The Oklahoma Court of Criminal Appeals ruled in 2002 that fetuses are viable at the gestation of 24 weeks and that their unnatural deaths can be charged as first-degree murder.
Nichols' attorneys have asked Judge Steven Taylor to bar prosecutors from seeking the death penalty on all 161 counts, or at least the count alleging the death of the unborn fetus.
Taylor was scheduled to hand down a ruling Monday morning. Closing arguments are scheduled Monday afternoon, and Nichols' jury could begin deliberating a verdict on Tuesday.
If Taylor denies the motion and Nichols is convicted, the trial will enter a second phase where Nichols' jury will decide whether he should be sentenced to death by lethal injection or life in prison.
On Friday, Taylor ruled that Nichols' jury will not consider less serious charges when they decide Nichols' guilt or innocence in the bombing case. The ruling limited jurors to two possible verdicts: guilty of first-degree murder or innocent.
A jury in Denver acquitted Nichols of federal murder charges in 1997 but convicted him of lesser involuntary manslaughter and conspiracy charges for the deaths of eight law enforcement officers in the April 19, 1995, bombing. Nichols was sentenced to life in prison.
In Oklahoma, Nichols, 49, faces murder, arson and conspiracy charges for the bombing that killed 168 people and injured hundreds more. The state charges are for the deaths of the other 160 victims and Huff's unborn fetus.
Post a Comment
