 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Olsen v. State4/14/2003
xpert testimony established Olsen's intoxication level, the State had not proved Olsen's intent beyond a reasonable doubt. The defense ended by asking the jury for a verdict of second degree murder.
[ ] In a very brief rebuttal, the State reminded the jury that the defense's expert made assumptions which did not preclude them from deciding that Olsen formed the specific intent to kill. The State also reminded the jury that later that same night when Olsen was just as intoxicated, Olsen considered killing his parents and made the decision that he would not do so.
[ ] The trial judge then had three names selected from the jury to serve as alternates. The remaining jurors retired to deliberate, ultimately returning a verdict finding Olsen guilty of three counts of premeditated, first degree murder, three counts of first degree felony murder, and one count of aggravated robbery. The jury was polled, confirmed their verdict, and was then excused for the weekend with instructions to return the following Monday prepared for sequestration.
VI. Sentencing Phase
[ ] The sentencing phase began with an opening instruction to the jurors, explaining their duty in a death penalty sentencing hearing. In its opening statement, the State touched upon the gravity of the jury's task, and then discussed the five statutory aggravating circumstances it would prove beyond a reasonable doubt:
1) Olsen knowingly created a great risk of death to two or more people;
2) the murders were committed for the purpose of avoiding or preventing a lawful arrest;
3) the murders were especially atrocious or cruel, being unnecessarily torturous to the victims;
4) Olsen poses a substantial and continuing threat of future dangerousness or is likely to commit continued acts of criminal violence; and
5) Olsen committed first degree murder while engaged in committing a robbery.
The State informed the jury that the law required it to consider the nature of the crime and the individual characteristics of Olsen and arrive at a moral decision of whether the penalty should be life imprisonment or death.
[ ] In its opening statement, the defense also spoke to the jury concerning the moral aspect of its decision. Previewing its mitigating evidence, defense counsel discussed Olsen's brain malformation that had existed since birth, and how, during the malformation's development, it had deprived areas of Olsen's brain of blood. Defense counsel stated that an expert neurologist, a neuropsychologist, and a psychiatrist would discuss the brain malformation and its various effects such as causing Olsen's intellectual level to decline during school, and altering his behavior in his late teens until the aneurysm ruptured in 1993. The defense evidence would show that after the rupture, the brain injury and Olsen's alcoholism and depression prevented him from having the capacity to conform his conduct to the requirements of the law. Defense counsel stated that he would present other statutory mitigating circumstances for the jury's consideration.
[ ] During the State's case-in-chief of the sentencing phase, witnesses described Olsen's previous misconduct involving guns. Olsen's former brother-in-law testified that in 1996 Olsen had stolen several items from him, including a rifle and a handgun that was identified as the murder weapon. A former bartender testified that in 1995, Olsen showed her a handgun and pointed it at her. She became angry and ordered him to put it away and leave the bar, which he did. She did not report the incident to po lice and admitted that she did not like Olsen because he had made sexual advances to her. Another witness test
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|