The Couey case: What's next?

By JIM ROSS
Published March 8, 2007

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- The jury will return for the penalty phase of the trial. That is scheduled to begin Tuesday. Only two sentences are possible: life in prison or execution.

- The state must prove aggravating factors about the crime - for example, that the crime was especially heinous, atrocious and cruel - that make Couey eligible for death. The defense will present mitigating evidence - such as his mental capacity and the abuse he suffered as a child - in hopes of saving his life.

- The jury will vote and provide a sentencing recommendation to the judge. The vote need not be unanimous. That recommendation will mark the end of the jury's service.

- The law requires the judge to give the recommendation "great weight." The ultimate decision will be his; however, if the jury recommends life, the odds of a death sentence withstanding appeal would be slim.

- After the jury provides its recommendation, the judge will hear additional testimony about Couey's mental state. The defense says he's mentally retarded and not eligible for the death penalty; the state says he's not retarded and is eligible for the death penalty.

- Actual sentencing will come later, probably back in Inverness.