TAMPA, Fla. -- Execution or life imprisonment; that is what jurors who convicted Humberto Delgado Jr. of the murder of Tampa police Cpl. Mike Roberts must decide.
But the panel might not make its recommendation to the presiding judge until Friday.
Though the sentencing phase of Delgado's trial begins today, Circuit Judge Emmett Lamar Battles doesn't anticipate completing it in a day.
"Expect to be here Friday," he told prosecutors and defense attorneys Wednesday.
The judge reached his conclusion after each side told him what witnesses they plan to call.
The nine-man, three-woman panel convicted Delgado of first degree murder after nearly six hours of deliberations Tuesday.
Jurors rejected the contention that Roberts' shooting was premeditated, instead finding Delgado shot the officer during the commission of another felony: resisting arrest with violence.
The conviction mandates Battles hold a second phase -- almost a second trial -- on what punishment Delgado should receive.
The jury only makes a recommendation, but state law insists Battles pay great attention to it.
The recommendation doesn't have to be unanimous, but anything less than a majority will be considered a vote for life imprisonment.
Jurors must decide if factors favoring a death sentence outweigh those favoring a punishment of life in prison. Each juror makes their own determination.
Prosecutors said they plan to call three witnesses: Roberts' widow, Cindy; his sister-in-law, Charlayne Penrose; and Tampa Police Chief Jane Castor. They will read statements about how the slaying affected their lives. Castor will speak on behalf of her department.
Delgado's attorneys said they plan to call eight witnesses: five mental health experts and three other people.
The defense will argue Delgado was under the influence of a mental disease and that impaired his capacity to control his actions.
Jurors rejected the defense contention that Delgado was legally insane when he shot Roberts on Aug. 19, 2009, after a confrontation on Nebraska Avenue near East Artic Street.
Jurors also may consider testimony they heard during the three-week trial.
The four psychiatrists called during the guilty phase of the trial agreed Delgado suffered from a severe mental illness -- being bipolar with psychotic features. But only one said it affected his ability to differentiate between right or wrong.
Battles agreed to let both side make an opening statement today before testimony begins. They also will be able to make a final argument before jurors consider their recommendation.
Copyright 2011 - Tampa Tribune, Fla.
McClatchy-Tribune News Service
