Day 66 - June 23, 2015

The Court prepared for sentencing the following morning at 9:30. The judge required victim speakers to address the Court and identify themselves publicly, while leaving name redactions in written statements unresolved. The government agreed to provide victim names and identification numbers to the defense. When defense counsel questioned restrictions on punishment opinions, the judge distinguished the jury’s determination on the death counts from sentencing matters still within his discretion. The government proposed restitution with the amount calculated within 90 days and planned to seek forfeiture at sentencing. Defense counsel announced an Apprendi objection to restitution, raised a possible related forfeiture objection, and requested limits on collections from commissary funds. The Court deferred those disputes. It agreed that Counts 19 and 21 carried term-of-years maximums rather than life sentences and reviewed other judgment requirements. The judge also said restitution would not delay the defendant’s authorized removal from the district; the destination and precise departure time remained unconfirmed. The press motion for juror identification remained pending.