The State’s Response to Defendant’s Motion to Sever, attached below, concedes severance is necessary to give each defendant individualized consideration of mitigation at the penalty phase.
Mitigation
Defendant’s motion to preclude the death penalty on the basis of an improper relevancy determination for mitigating evidence. This motion specifically object’s to the continued practice of giving de minimis weight to mitigation when defendant is unable to demonstrate a causal nexus to the crime.
