The issue of recklessness could prove pivotal as jurors consider the lesser charges.
Among the evidence the jurors will consider will be tape recordings of calls that witnesses to the encounter made to the 911 police emergency number.
But, he said, that would be more difficult for a judge to do when jurors are considering whether to impose a death penalty.
By state law, jurors in a capital murder case who would under no circumstances consider a death penalty are automatically removed from the jury.
What appalled me was that the jurors considered the gassing a legitimate medical procedure.
Next, jurors will consider whether to give McVeigh the death penalty.
The jurors in the Heidgen case apparently considered that.
She reminded them that they should vote by their own consciences, although each juror should consider the opinions of the others.
By law, jurors can consider only court testimony in their deliberations.
Under the law, he said, those jurors could legally consider information from a victim statement.