The government challenged another prospective juror who said she was opposed to the death penalty and wrote in her jury questionnaire repeatedly, “I don’t think we have the right to put anyone to death.” Duncan defense attorney Judy Clarke questioned the juror at length, however, and said simply because she opposes the death penalty doesn’t mean she can’t set aside her personal views and follow the law – and the juror agreed. “She is against the death penalty, but will consider both sentencing options,” Clarke told the court. U.S. District Judge Edward Lodge overruled the government’s challenge.

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