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PA Death Sentence Vacated

A judge in York County vacated the death sentence of Paul Jackson Henry III after determining that the jurors who sentenced him to death failed to consider 2 mitigating factors. The jurors reportedly considered one mitigating factor— that Henry did not kill the eye-witnesses to the murder. However, the prosecution and defense had stipulated to two additional mitigating factors, meaning the jurors had to consider those and weigh them against the aggravators. Because the jurors only listed one mitigating factor (and not the 2 stipulated ones) on their jury slip, it could not be proven whether they considered all the required mitigating factors prior to making a decision.

While Henry’s death sentence has been vacated, his conviction for first-degree murder still stands. Both the prosecution and defense are considering how to proceed; whether to reach a deal or impanel a new sentencing jury.

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