Conrad's proffer that the defendant said "No one deserves such suffering," permitted as a basis for the proposed remorse opinion, with observations of his demeanor but no other factual statements by him. Conrad later said the words most likely used were "no one deserves to suffer like that."

Conrad initially described a statement that nobody deserved such suffering, then said the likely wording was that nobody deserved to suffer that way. The court allowed the single statement and observations of the defendant's demeanor as a basis for Sister Prejean's proposed remorse opinion, but allowed no other factual statements by him.