A 12-member jury will meet Monday morning in Lee County Circuit Court to begin the penalty phase of the trial of Barry Lee Jones, 20, who was convicted Friday of murdering his infant son nearly two years ago.
The seven men and five women are the same jurors who found Jones guilty after only about an hour of deliberations.
Alabama juries have two possible recommendations in capital murder cases — life in prison without parole or death.
The sentencing will operate the same as a trial, with opening statements, presentation of evidence and closing arguments before jury deliberations.
Evidence admitted during the trial will not have to be readmitted for the hearing, according to the Code of Alabama.
To determine a sentence, the jury will be asked to “determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist,” as stated in section 13A-5-47(e) of the Alabama code.
The code also states that the jury’s choice for a sentence is considered a recommendation and is not binding. The judge could overturn it.
Lee County Circuit Court Judge Jacob A. Walker III presided in the Jones case.
Jones was indicted on charges of capital murder, child abuse, sexual abuse, sodomy and rape in connection with the death of his infant son, Kevin Christopher Jones, and injury to a 3-year-old non-relative girl in December 2007.
However, he was tried only on the capital murder charge.
The week-long trial included graphic testimony that reduced some experienced medical witnesses to tears.
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