Moussaoui Jury Ends Deliberations for Day

This artist's rendering shows confessed al-Qaida conspirator Zacarias Moussaoui, left, sitting in U.S. District Court in Alexandria, Va., as U.S. District Judge Leonie Brinkema instructs the jury on the meaning of the word "aggravated", Friday, April 28, 2006. The question was the second that jury has had for the judge since they began deliberations, the first was a request for a dictionary, which was denied. (AP Photo/Dana Verkouteren) (Dana Verkouteren - AP)

Although the verdict will come down to one question _ whether Moussaoui lives or dies _ the jury faces dozens of questions on the 42-page verdict form _ each a piece of the puzzle about who this man is, what he did and what penalty he deserves.

In this case, prosecutors alleged three main aggravating factors for each of the three counts against Moussaoui. At least one must be proved to all 12 jurors beyond a reasonable doubt. These aggravators were that he committed his crimes in an especially heinous, cruel or depraved manner; that he committed his crimes knowing others besides the intended victims might die; and that he used substantial planning or premeditation.

Then prosecutors listed seven more aggravating factors, such as a lack of remorse, for the jury to consider separately. These extra factors, known as non-statutory, are optional elements meant to add weight to the federal case.

If none of the three main aggravating factors is proved, the case is over and Moussaoui goes to prison for life. But if any of the three are accepted by the jury, then the seven other aggravating factors and the 23 mitigating circumstances raised by the defense must be weighed, one by one.

Among them: Do jurors agree Moussaoui will not be a substantial risk to guards if imprisoned for life? Do they agree he was an ineffectual al-Qaida operative? Do they think he really believes he will achieve the afterlife rewards of a martyr if he is executed?

Unlike the prosecution, the defense does not have to prove its factors beyond a reasonable doubt or achieve unanimity on the jury. If any of the jurors thinks a mitigating factor is more likely true than not true, it becomes a factor for the jury to consider.

There is no formula for assigning weight to the factors jurors do decide to accept. Jurors can decide one aggravating factor outweighs all mitigating factors, or the other way around.

In the end, it comes down to life or death and what the jurors think. The questions tell them some of what they have to think about.

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Associated Press writers Matthew Barakat and Calvin Woodward contributed to this story.

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Verdict form: http://notablecases.vaed.uscourts.gov/1:01-cr-00455/docs/72057/0.pdf