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U. Frank Williams Jr./AFN
The jury in the Matthew Cunningham case will begin sentencing deliberations Thursday.
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ONLINE UPDATE: Cunningham Jury to deliberate sentencing Thursday

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The jury in Matthew Cunningham's case will begin deliberations Thursday morning to determine if the 30-year-old is eligible for the death penalty in the 2004 stabbing deaths of Robert Barker and Katharine Spain.

In deciding if the crime meets the legal criteria for the death penalty, the jury must determine if Cunningham is guilty of another major crime committed in connection with the murders at the Andante apartment complex: if (1)the large number of stab wounds on Spain was gratuitous violence, or (2) Barker's neck being cut after he was down was gratuitous violence or (3) if the two murders were connected, then Cunningham's crimes meet the legal threshold for the death penalty.

The jury of six men and six women only need to find one of the three scenarios, called "aggravators," present to justify the possibility of the death penalty.

If they agree that there was at least one aggravator, the trial will continue with the final sentencing phase to determine if Cunningham gets the death penalty or life in prison.

Last week the jury found Cunningham guilty of the first-degree murders of Barker and Spain, as well as two counts of aggravated assault and burglary.

More Cunningham trial coverage:

Feb. 6 - Cunningham Jury to deliberate sentencing Thursday

Jan. 31 - Cunningham guilty in apartment murders

Jan. 29 - Cunningham's future in jury's hands

Jan. 25 - Defense's closing arguments set for Monday

Jan. 11 - Cunningham’s illness not 'remarkably consistent’

Jan. 8 - Expert says Cunningham schizophrenic

Jan. 4 - Cunningham competent says judge

Dec. 21, 2007 - Defense finds challenge in proving Cunningham insane

Dec. 19, 2007 - Defense starts in Cunningham trial

Dec. 4, 2007 - Emotions high for victims’ families in Cunningham trial

Nov. 27, 2007 - Cunningham murder trial commences

Oct. 30, 2007 - Jury selection begins in Cunningham murder trial

April 3, 2007 - Mental status could delay murder trial


See archived 'Local News' Stories »
 


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