ALBUQUERQUE, N.M. (AP) Jurors in Albuquerque resume deliberations Tuesday on whether Arizona convict John McCluskey is eligible for the death penalty for killing an Oklahoma couple while on the run in New Mexico following a prison break. If they find he is ineligible, McCluskey will automatically be sentenced to life without parole for the carjacking and murders of Gary and Linda Haas of Tecumseh, Okla., as they passed through New Mexico in August 2010 on an annual camping trip.
Prosecutors Monday reminded jurors that in the first phase of the sentencing they are simply deciding whether McCluskey is eligible for the death penalty, not whether to impose it.
The defense argues he is incapable of controlling his impulses and making reasoned decisions due to brain abnormalities, emotional and physical abuse, and a long history of drug and alcohol abuse.
