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MORGAN COUNTY, Ala. (WHNT) — Jury selection in the trial of a man charged in the killing of seven people is ongoing, with opening statements expected next week. Evidence in the case is expected to be graphic in nature.
Huntsville-based attorney Mark McDaniel, who is not connected to this case, says the defense is in a tough position.
MCSO: Man arrested, charged with shooting into occupied buildings “It’s not often in your career that you will be called upon to defend multiple killings like this. I think if you talk to anybody in that case, going to be this is probably the worst case they’ve ever done,” he said.
Frederic Rogers is one of two men accused of killing seven people in a house in Valhermoso Springs in 2020.
The court says the trial itself could last a month.
McDaniel says that the potential evidence in a case of this magnitude creates a unique challenge for the defense.
Multiple agencies respond to pallet plant fire in Tanner “You’ve got the jury, they’re not just seeing one body, in this case they’re going to see seven bodies when the doctor comes up and talks about autopsy,” he said.
In capital murder cases there is both a guilt phase and a penalty phase.
In the guilt phase, a jury decides on guilt or innocence. If a person is found guilty, the case moves into the penalty phase. During that phase, jurors decide between a sentence of life without parole or death for the defendant.
With the weight of that evidence, McDaniel says it may become less about proving innocence, the defense also has to focus on sparing a life.
“You’ve pretty much have to count on the penalty phase.”
And if the jury comes back with a guilty verdict McDaniel says the stakes become higher.
“The hardest thing to do is to ask the jury, beg a jury not to kill your client,” he said. “The same jury has already found your client guilty.”
McDaniel says even when the crime is shocking, every defendant has a right to effective counsel.
“You’ve got a right to a defense,” he said. “But the main issue in this case for these defense lawyers is going to be whether or not they can get a jury to vote for life without parole instead of death. That’s the main issue in this case.”
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