31.   He also argued that the trial judge wrongfully allowed prosecutors to allege during the penalty phase of the trial that Jones had killed another person.

32.   He said the penalty phase, which would come if the jury convicts Davis, will be the battleground for the hearts and minds of the jurors.

33.   He said that if the case goes to a penalty phase, he will produce witnesses who can testify to the dynamics of the Menendez family.

34.   He will testify at the penalty phase.

35.   If Timmendequas is convicted of intentional murder, his lawyers are expected to present extensive evidence in the penalty phase.

36.   If the penalty phase goes as Jacobs hopes, the same jurors will sentence Davis to death.

37.   If Gilbert is convicted and there is a penalty phase, the trial could last into March.

38.   In the penalty phase of the capital murder trial, he asked jurors to recommend that he get the death penalty.

39.   In the penalty phase of the McVeigh trial, this testimony was so disturbing that it drew tears from jurors, spectators and lawyers.

40.   Jones said he and other defense lawyers will immediately begin preparing McVeigh for the penalty phase, which is expected to take a week.