Martinez filed his intent to seek death before the trial started. But Maricopa County Attorney Rick Romley said Friday his office will now revisit the issue. Now that the verdict is in . . . New evidence from the defense team or from others could change their decision or reaffirm it, he said. Aggravating factors work against a defendant.
Mitigating factors can save one's life.
There are 10 aggravating factors and an unlimited number of mitigating factors that a defense team can present. In order to sentence Falater to death, Reinstein must conclude that at least one aggravating factor outweighs all mitigating ones. Their testimony, however, cannot be considered in the judge's decision. It is more of a courtesy to the family. Mitigating factors can encompass a wide range of issues, including any aspect of a defendant's character, whether he shows any remorse and whether the crime was premeditated.